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State lawmakers eye tax breaks amid shortfall
 
By TIM TALLEY Associated Press Writer
Published: 11/8/2009  12:48 PM
Last Modified: 11/8/2009  12:48 PM

OKLAHOMA CITY — Oklahoma gives away billions of dollars in tax revenue through hundreds of exemptions, credits and deductions that some lawmakers say the state may no longer be able to afford as it slips deeper into a revenue shortfall.

Tax breaks have been granted to manufacturers, farmers and ranchers, oil and gas producers and a variety of other groups over the years as lawmakers work to encourage economic activity.

But officials say some of those tax breaks could be suspended and others eliminated to keep revenue flowing for public education and safety programs and to state agencies that provide health care to the poor and meals to the elderly.

"Passing tax law is like making sausage — there's no science to it," said Rep. Richard Morrissette, D-Oklahoma City. "There is no policy foundation for these tax exemptions. It's pure politics."

The state imposes sales taxes on basic necessities like food, but tickets to professional sporting events — a luxury for many people — are exempt from sales taxes, Morrissette said.

"There's something really wrong with that," Morrissette said. "We're at a crossroads. We need to protect people over multilateral corporations."

State financial officials have reduced monthly budget allocations to state agencies by 5 percent due to a revenue shortfall caused by low energy prices and a slowing economy that has pushed tax revenues $388.3 million below estimated collections during the first three months of the fiscal year that began on July 1.

The shortfall is forecast to deepen in the coming

months as revenue remains static and new tax cuts approved by state lawmakers kick in, said David Blatt, director of policy for the Oklahoma Policy Institute.

Tax cuts scheduled to take effect next year include the final phase of repealing the state estate tax, which disappears in 2010, as well as another increase in the standard deduction for Oklahomans who do not itemize their income taxes, Blatt said. The standard deduction currently costs $685.5 million a year, according to the Oklahoma Tax Commission.

In addition, seniors will have broader eligibility to deduct their retirement income.

"Tax cuts are still phasing in," he said. "With some foresight the Legislature could have looked at the tax cuts that are still scheduled to take effect."

In addition, the Republican-controlled Legislature has reduced the state income tax from a top rate of 6.65 percent to 5.5 percent in recent years. Another cut in the top income tax rate, to 5.25 percent, will take effect once revenue is projected to grow by more than 4 percent over the previous year.

Blatt's organization estimates the income tax cut will have a revenue impact of more than $100 million and will be triggered in 2011.

Blatt said the budget shortfall could total up to $700 million for the fiscal year that ends June 30, a 14 percent decline in revenue from the previous year. Revenue will be $1.5 billion less than about three years ago — a 25 percent drop in tax collections.

The Tax Commission's Tax Expenditure Report for 2007-2008 lists more than 300 state tax exemptions, credits and deductions and estimates the amount of state revenue that would have been collected during a fiscal year if the tax breaks did not exist.

A sales and use tax exemption for various forms of manufacturing activity deprives the state of more than $1.6 billion in tax revenue a year, according to the report. An exemption granted to wholesalers who sell items to retailers for resale accounts for another $1.5 billion.

An exemption on the sale of advertising accounts for $46.8 million in lost revenue, and an exemption on agricultural sales, including the sale of livestock, machinery and animal feed, totals $63.9 million in lost collections.

In addition, 535 companies have participated in the state's Quality Jobs Program, which provides financial incentives for relocating or expanding operations in the state if the company creates new, well-paying jobs and offers their employees health insurance, according to the Department of Commerce.

Since the program was launched in 1993, $603 million has been paid out in benefits creating more than 418,000 jobs, according to agency spokesman Jason McCarty.

Just this year, lawmakers approved new tax credit programs to expand the number of vehicles in the state running on alternative fuels like compressed natural gas and expand the number of publicly available CNG fueling stations.

Last year, lawmakers extended an existing tax break on the payment of state gross production taxes on oil and natural gas for wells deeper than 15,000 feet.

"While we're cutting programs and laying off state employees and reducing operating hours and seniors are missing meals, we have people claiming unlimited amounts of investment tax credits," Blatt said. "We've got to be looking at expanding our revenue base."

But some lawmakers defend tax breaks as a good way to encourage businesses and corporations to locate or expand in the state and grow the economy.

"I don't think the answer is a blanket elimination of every single exemption, deduction and credit that's written into the tax code," said Rep. Randy Terrill, R-Moore, former chairman of the House Revenue and Taxation Committee. "There are some very legitimate and worthwhile reasons why you would have certain exemptions, deductions and credits."

However, Terrill and other lawmakers said they support a proposal to impose sunset provisions on tax break programs that would force lawmakers to review how effective they have been and eliminate those that are ineffective.

"If they aren't accomplishing their intended purpose, they should be done away with," Terrill said.

"If they're just lining some special interest group's pocket rather than attracting new industry, we need to look at doing away with them," said Rep. Doug Cox, R-Grove, chairman of an appropriations subcommittee in the House that manages the budgets of public health and social services agencies.

"I think those are on the table," Cox said. "It's time to do the best job of prioritization that we have ever had to do."

A list of some of the state tax exemptions, credits and deductions approved by Oklahoma lawmakers and the Oklahoma Tax Commission's estimate of their cost:

—Livestock purchased outside Oklahoma and brought into the state for feeding or breeding purposes, and which is later resold, $48 million.

—Sales to manufacturers, $1.6 billion.

—Income tax credit for low-income elderly or disabled Oklahomans, $37.8 million.

—Agricultural sales, $63.9 million.

—Sales Tax Holiday, $6.4 million.

—Sales of drugs for the treatment of human beings, medical appliances, devices or equipment including prosthetic devices, $14.8 million.

—Exemption for specified private retirement benefits, $17.6 million.

—Sales of aircraft engine repairs, modification and replacement parts, $2.2 million.

—Sales of drugs, except for over-the-counter drugs, prescribed for the treatment of human beings by a person licensed to prescribe the drugs and sales of insulin and medical oxygen, $60.9 million.

—Income tax exemption for the first $7,500 of most government retirement benefits and Social Security benefits to the extent the Social Security benefits are part of the federal adjusted gross income, $50.2 million for government benefits and $77.5 for Social Security benefits.

—Sales of certain types of advertising, $46.8 million.

—Sales for resale to persons engaged in the business of reselling the articles purchased and who have been issued sales tax permits by the Oklahoma Tax Commission, $1.49 billion.

—Sale of natural or artificial gas and electricity when sold exclusively for residential use, $99.6 million.

—Admissions to professional sporting events involving ice hockey baseball, basketball, football or arena football, or soccer, $691,000.

—Oklahoma Earned Income Tax Credit, $30.2 million.

By TIM TALLEY Associated Press Writer

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Report Comment
irwindale, Tulsa (11/8/2009 1:14:53 PM)
The legislature needs to close the loopholes regarding Charitable supporting organizations. These groups must be forced to pay the same percentage annually that it's Charity is required to under current law.

An example is Kaiser. From roughly 2000 to 2005, 1 billion was set aside for charity, yet only 3.4 million was actually distributed. The rest sits tax free in the supporting organization.

Republican Grassley of Iowa was looking into the loopholes and so should Oklahoma.
Report Comment
FUTURE WORLD, Tulsa (11/8/2009 3:13:34 PM)
It's interesting the republican legislature's phylosophy of giving away the store has cost Oklahoma 1.5 billion dollars. Now were down to nothing and can't even afford to feed seniors a box lunch. And now the legislature wants to ask business to give them back the store.
Report Comment
Travis, Tahlequah (11/8/2009 7:30:56 PM)
Why does the state say tax breaks "cost" money? That is bull, the money does not belong to the state and that is the only way it could "cost" the state. They need to learn to budget like the rest of us and not just plan on spending more every year. Where do all taxes come from? You and I, the end user pay them all.
Report Comment
Corvetteguy, Tulsa (11/8/2009 5:10:25 PM)
"rainy day fund" was spent in television commercials for the state lottery.

That was Governor Dum-dum's idea.
Report Comment
Corvetteguy, Tulsa (11/8/2009 9:46:03 PM)
Travis, that's quite a radical new idea.... the state needs to learn to budget just like the rest of us, and not just plan on spending more every year.

Maybe that's why the democrats lost control of the state legislature after holding it for 40 years. They didn't undertand your radical new concept.

Would you please call the President and Speaker of the House Nancy Pelosi?
Report Comment
Corvetteguy, Tulsa (11/9/2009 10:25:07 AM)
Okiedokie,

Seven states have no state income tax: Alaska, Florida, Nevada, South Dakota, Texas, Washington and Wyoming.
Two others, New Hampshire and Tennessee, tax only dividend and interest income.

p.s. these tax-free states are all doing pretty well right now in this recession.

take a look at California, New York, New Jersey, Illinois, and Michigan. All liberal states with extremely high state taxes.
Report Comment
Thunder196, Tulsa (11/8/2009 5:08:17 PM)
Have we touched the "rainy day fund" yet?
Report Comment
007, Tulsa (11/8/2009 5:52:26 PM)
Quality Jobs Program "Since the program was launched in 1993, $603 million has been paid out in benefits creating more than 418,000 jobs, according to agency spokesman Jason McCarty"



the real question is how many of these 418,000 are still here?
Report Comment
Homeplate2, Porum (11/9/2009 5:43:49 PM)
I have a suggestion to save a few million in the education budget. Cut Bob Stoops salary to the same as the Governor, but I am sure the OU fans will throw a fit about doing that, well maybe NOT with the recent lack of victories at OU!
Report Comment
thehero, (11/8/2009 4:25:45 PM)
GARFIELD: Various Bills on repealing the sales tax on groceries never made it out of the committees during the Legislative session due to the projected State budget shortfall this year.
Report Comment
thehero, (11/8/2009 4:33:29 PM)
"However, Terrill and other lawmakers said they support a proposal to impose sunset provisions on tax break programs that would force lawmakers to review how effective they have been and eliminate those that are ineffective."

What about having sunset provisions on tax cuts that have been ineffective? The ones our Legislature have passed over the past several years have not brought in additional money and jobs into the State and have not stimulated our economy as was advertised.
Report Comment
out of tulsa, (11/8/2009 7:18:17 PM)
And, of the 418,000 - that is since 1993 or 16 years, so, 30,000 new jobs an average per year...does that seem above average? I don't think so....how many jobs would have been created without the incentive?
Report Comment
BobSmith007, (11/9/2009 7:52:33 AM)
Travis is quite right. The Quality Jobs Program doesn't "pay out." It simply returns 5 percent of the taxes a company pays (That's the company's money) in return for creating jobs.

A good first step would be for Legislaors (Rs and Ds) to realize it's NOT their money!
Report Comment
Okiedokie, (11/9/2009 8:44:01 AM)
Although my husband and I are solidly middle class, we didn't owe a dime of Oklahoma income tax in 2008 because we had so many deductions for retirement pay. Embarrassing. Very bad public policy!
Report Comment
GARFIELD, TULSA (11/8/2009 2:47:37 PM)
Some extra-special tax breaks should be carefully scrutinized, YES. On a side note, last year wasn't a bill passed to eliminate the 4% state tax on groceries? We are still paying it---anyone out there know the lowdown on this?? Thank you for your help!---
 

 
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