Legislative Bulletin

APRIL 6, 2001


Loophole-Closing Commission issues final report


Gov. Mike Easley’s Efficiency and Loophole Closing Commission voted not to recommend imposing higher taxes on repair and renovation services, state retirees' pensions and smokeless tobacco, but did agree that the General Assembly should raise taxes on goods sold in vending machines, on interstate phone calls, movies and satellite television.

Wrapping up its work last week, the commission advanced a package of tax increases and loophole closings worth $177.9 million. The blue-ribbon panel also found government efficiencies it said will save $141.6 million next year. Whether the recommendations will be accepted by Easley and the General Assembly remains to be seen. State Budget Officer David McCoy said Easley and his staff will sift through the commission’s report and decide which recommendations the governor will forward to the legislature next week.

Business interests seemed relieved that the commission did not recommend eliminating a number of tax preferences that had been identified earlier.

Commission member Dan Gerlach, director of the N.C. Budget & Tax Center, estimated that if the loophole closings are fully phased in, individuals would pay 25 percent of the additional taxes, or $55.9 million; businesses would pay 32 percent, or $70.5 million; and businesses and individuals would together pay the remaining 43 percent, or $95.3 million.

The commission recommended imposing a 6 percent tax on movies and live entertainment -- the same tax rate imposed on movie rentals. Similarly, the panel recommended charging a 5 percent state tax on satellite TV service, the same rate charged local tax cable operators pay.

Most of the additional revenue by far would come from the commission’s proposal to impose a 6 percent tax on all interstate phone calls, which are not taxes now. Former Gov. Bob Scott, a co-chair of the commission,  said the proposal would raise $90 million annually the second year after it was imposed.

Tax Law Changes Recommended by the Loophole-Closing Commission

  1. Repeal the income tax credit on children’s health insurance. Depending on income, the tax credit now is worth from $100 to $300. Additional revenue: $18.9 million.
  2. Conform North Carolina law to federal statutes on treatment of corporate subsidiary dividends. Additional revenue: $30 million.
  3. Charge a 6 percent sales tax on fertilizers and seed. Only farmers would be exempt from the levy. Additional revenue: $5.3 million.
  4. Impose a 1.9 percent gross premiums tax on HMOs, same as most insurance companies pay. Additional revenue: $19.5 million.
  5. Make limited liability companies subject to the franchise tax. Additional revenue: $6 million.
  6. Impose a 6 percent sales tax on movies and a 5 percent sales tax on satellite TV service, to bring them in line with the tax on their competitors. Additional revenue: $20.7 million.
  7. Prohibit companies from deducting as a business expense royalty payments to an affiliated company. Additional revenue: $15 million.
  8. Impose a 6 percent sales tax on all interstate long distance phone calls. Additional revenue: $37.5 million the first year, $90 million the second year.
  9. Set a uniform sales tax rate of 6 percent on all items sold in vending machines. Additional revenue: $2.5 million the first year, $6 million the second year.


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