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    Losing What You Never Had: More Creative Math From State on Internet Tax


    By chetly, Section News
    Posted on Sat Jul 28, 2007 at 04:12:42 AM EST
    Tags: (all tags)

    Check this out.  The State of Michigan Treasury bureau is repeating a fuzzy math trick in claiming that the state is a "loser" of revenues on the interstate Internet Tax compact "deal" where 22 states and retailers agreed to "voluntarily collect" taxes on internet transactions.  The State never had the money to start with, and whatever it gets is money beyond what it would have received without the compact, but the Treasury representative says Michigan is "losing" $10 million a year.  The trick is the same we see done by universities and Granholm in explaining tuition or seeking other taxes when they say we're "cutting" their budgets from "expectations".  That is, we're actually not increasing their budgets as fast as they'd like and they call it a cut.

    According Mark Hornbeck of the Detroit News Lansing Bureau, Dale Vettel, director of Treasury's tax policy bureau testified:


    Michigan signed a pact with other states three years ago to recoup a chunk of the $264 million a year it loses in uncollected tax revenue on Internet and catalog sales to state residents from out-of-state companies.

    But so far, this state is losing $7 million to $10 million annually on the deal.

    Dale Vettel, director of the Treasury's bureau of tax policy, told lawmakers Thursday that Michigan is gaining $8 million to $11 million from about 1,000 retailers that are voluntarily collecting the sales tax in the 22 states that belong to the so-called Streamlined Sales Tax Project.

    But, at the same time, Michigan is losing an estimated $18 million in revenue each year because, to make its tax laws uniform with the other states in the project, it had to stop taxing some items. The biggest losses came on formerly taxed prepared foods, such as party deli trays sold at grocery stores and baked goods sold for on-premises consumption at bakeries.

    "So at this time, we're not breaking even," Vettel said to the Senate Finance Committee.

    So much is said in that clip that it begs some analysis.  First, Vettel's claim "we're not breaking even" contributes to the headline editorialization (the Detroit News missed the bias it relayed) that Michigan is "losing" on the deal.  No, it's gaining every dollar that otherwise it would not have collected because no one was collecting those taxes prior to the voluntary arrangement.  It's not "losing" 18M a year, its simply not gaining as much as the theoretical potential if the entire loophole were closed (and even then, I predict other loopholes would arise or become more used).

    But more importantly, catch this point, "to make its tax laws uniform with the other states in the project, it had to stop taxing some items."  Wow.  That suggests that Michigan's sales tax is out-of-line with other states and not already competitive, meaning 1) we should reform the tax so that we're not losing other sales and business to out-of-state flight 2) the Governor's now-hopefully-dead 2% "service tax" is even more out-of-line in the context of the current sales tax not being "uniform" with other states.  Unless you had radically different compositions of overall business and income tax burdens (like none, in the FairTax type of proposals), it makes no sense to have a sales tax that is different from other states.  Any attempt to overtax simply causes you to lose business, kill jobs, and ultimately reduce your revenue in the long-run as the tax causes capital flight.  This quote is proof we need tax reform (even if allegedly "revenue neutral") to bring out taxable terms in line with other states (although to be "in-line" would require reductions according to this point)  That also means spending control and reform.

    Unfortunately, Hornbeck identifies the Governor's response and even one of our own Oakland County Republican State Senators.

    Skimpy collection of Michigan's 6 percent sales tax on out-of-state purchases has become a sore point in recent years, particularly in a state with declining revenues and a $1.8 billion deficit projected by the state budget office for the coming year. Gov. Jennifer Granholm has proposed various tax hikes to help close the yawning gap.

    "Prior to looking at the opportunity to increase taxes, we need to look at legitimate taxes that are not currently collected," said Senate Finance Committee Chair Nancy Cassis, R-Novi.

    The Governor's DNA says tax increase.  No surprise.  But what's Cassis talking about.  I sympathize with collecting what is due, but exactly how does Cassis propose to get this trivial amount of uncollected amount?


    "If Grandma buys a sweater through a catalog, it's very difficult to balance the tax revenue benefit with the cost of collection," Vettel said.

    It's not worth it.  Go after the low hanging fruits - hundreds of millions in expenditures in health insurance reform, prison service outsourcing, and reduced spending.

    Finally, and very telling:

    Following a U.S. Supreme Court ruling that said the sales and use tax laws were too many and varied to foist upon interstate commerce, some states started banding together in 2000 to make laws uniform and therefore make it easier for businesses across the country to collect sales tax and send the receipts to state treasuries. The Michigan Legislature voted in 2004 to conform its sales and use tax laws to those in other states. Absent a federal law the states must rely on businesses to voluntarily collect the taxes.

    "I don't understand voluntary compliance. Why not a federal mandate? All states must be having the same problem," said Sen. Gilda Jacobs, D-Huntington Woods.

    It'd naturally be a Democrat that doesn't "understand voluntary compliance" and would ask for a "federal mandate." America is built on voluntary compliance - even if you have federal mandates, compliance with those mandates (as opposed to individuals holding yet another Boston Tea Party and not complying) is still ultimately voluntary.  Sure, there is a logic to uniformity, and the ridiculous complexity and out-of-line nature of Michigan's pre-2004 tax proves the complexity of the system - but the Court ruling obviously had the reformative effect of creating some state cooperation where state's opted to do so (but they weren't required).  And that's better than the federal government picking its own one-size fits all version and ramming it down Michigan's and everyone's throats.  Why not a federal mandate, Gilda?  Because there's a certain genius in no mandates.  Because the Court isn't a legislature, and it wisely only set broad guidelines here.

    < MSU pays 35K for country club memberships?? | Right-to-Work is the Right Way for Michigan! >


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