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Rick Perry and the Largest Tax Hike In Texas
thenewamerican.com ^ | 8/23/11 | Kelly Holt

Posted on 08/24/2011 7:29:27 PM PDT by dragnet2

In Rick Perry’s August 13 presidential announcement speech in South Carolina the Texas Governor stated:

.…we have led Texas based on some just really pretty simple guiding principles. One is don’t spend all of the money. Two is keeping the taxes low and under control. Three is you have your regulatory climate fair and predictable.

Later in his speech he claimed:

I’ve cut taxes. I have delivered historic property tax reductions. I was the first governor since World War II to cut general revenue spending in our state budget.

But Perry’s record on taxes reveals something entirely different. Especially for Texas businesses, where things are far from fair and predictable.

On May 18, 2006 Perry signed into law a Business Margin Tax that dramatically changed the way businesses are taxed in Texas. The Dallas Morning News (DMN) May 16, 2006 called it ‘the largest tax increase in Texas. The paper continued,

In 2006, the state was facing a judicial mandate to change the unconstitutional way it funded public schools, mostly through property taxes. Under Perry's leadership, a tax swap was created that cut school property taxes by up to one-third. To pay for that, Perry signed a bill that nearly tripled the amount Texas collects from businesses. The tax swap created a net tax decrease, but the new business tax coupled with one added to tobacco still counts as the largest tax increase in Texas.

Crafted to replace the Texas Franchise Tax, it was explained by Harper and Pearson, a CPA firm in Houston, Texas, as “a tax on taxable margin, which is a concept similar to taxable income. Generally, an entity’s taxable margin is its revenue as reported on its federal income tax return less either its cost of goods sold or its compensation expense (limited to $300,000 per employee), but not both.” But there was widespread confusion over how the law permitted the calculation of cost of goods sold and which expenses were considered.

And Texas Conservative Review (TCR) echoed the DMN, adding,

[W]hat really irks conservatives is a business would have to pay taxes whether it made a profit or not. In that way, it is worse than a corporate income tax. The non-partisan Tax Foundation in 2006 described gross receipts taxes as poor tax policy that lead to harmful tax pyramiding, distort companies [sic] structures, and damage the performance of state and local economies. The tax was sold as a "trade-off" for lower property taxes. This is a recurring myth that never works…

In other words, critics say, it’s the same as having an income tax. Which is prohibited by the Texas Constitution that the Governor has sworn to uphold.

TCR continued,

It's hard to believe but the Texas Gross Receipts (Margins) Tax on business proposed by a Republican, Governor Perry, and passed by a GOP dominated legislature in 2006 was further complicated in 2007. This was the largest tax increase in Texas history, which requires business to pay up to 10% of its gross income to the state while large corporations were given loopholes.

And Texas Representative Gary Elkins (R) wrote,

I cast a "no" vote today on HB 3 for a number of significant reasons. First, this bill calls for the imposition of nothing less than an income tax on Texas business owners — a gross net receipts tax. Texas has a long-standing tradition of paying our way as we go. Given the substantial and ever-growing budget surplus, it is unconscionable to burden Texans with a new tax when we can simply use their money to meet the mandate imposed on us by the Texas Supreme Court.

He explained the effect on business like this:

… this new tax will have the effect of punishing many businesses that have unexpected expenses. For example, a service company that has a gross revenue of $1 million and payroll expenses of half a million dollars will pay a new income (franchise) tax of 1 percent on $500,000, or $5,000. Suppose that this company was frivolously sued and spent half a million dollars defending itself. This company would likely sustain a net operating loss in the year that it was sued but would nevertheless owe the State of Texas a franchise tax on income that was never realized. In addition, HB 3 does not take into consideration the numerous other expenses that are not related to payroll. For example, rent, phones, advertising, maintenance contracts on business equipment, casualty insurance, key man insurance, property taxes on real estate and business equipment, bank interest on notes, lease payments on equipment, occupancy taxes, filing fees, and a myriad of other expenses are not deductible under this new tax scheme.

He closed by adding,

The governor’s own policy advisor has informed members of the house that the average small service sector business will pay more in taxes and in most cases double, triple, or even quadruple what they are currently paying under the current franchise tax system.

The Houston Chronicle also argued that the tax is unconstitutional because the Texas Constitution requires a statewide vote in order to pass an income tax on individuals — including income they receive from partnerships — that Perry’s tax was enacted without a vote of the people, and that it taxes partnerships. The article noted astute law student Nikki Laing’s observation that just because the law declares itself not to be an income tax doesn’t make it so. She cited “ a number of U.S. Supreme Court decisions on the point, including one that said 'the mere declaration contained in a statute that it shall be regarded as a tax of a particular character does not make it such if it is apparent that it cannot be so designated consistently with the meaning and effect of the act.'"

Critics note that particularly unfair is the feature that businesses are taxed differently according to their classifications. According to a February 6 article in the Houston Chronicle, for example, businesses such as independently owned auto repair shops are taxed twice as much as, say, a dealership or franchise store, for the same services.

Beginning in 2012, the exemption from the tax falls from $1 million in revenue to $600,000, but it is uncertain whether that exemption will be extended.

The Tax Foundation’s evaluation of the measure is this:

With the Texas margin tax collecting far less in revenue than expected, causing significant confusion and compliance costs, resulting in significant litigation and controversy over "cost of goods sold" definitions, and facing calls for substantial overhaul and even repeal, it should not be used as a model tax reform for any other state.


TOPICS: News/Current Events
KEYWORDS: 4trolls; perry; perrybashers; ricardoperon; rickperry; rinoperry; taxes; texas; tx
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To: South40

gardisil is a DONE DEAL.

I dont know why you harp on it.


141 posted on 08/24/2011 10:54:50 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: mylife

Firstly, I do not ‘harp’. Secondly, I have already told you why I talk about it — because it speaks volumes about who the man is. I think you’re smart enough to get that. So why do you pretend you don’t?


142 posted on 08/24/2011 10:58:09 PM PDT by South40 (Perry: There is a path to citizenship for ILLEGAL ALIENS who have served THEIR country)
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To: South40

Gardasil is a non issue to me.

I think Perry was pretty responsive and ultimately I think he was looking after the health and checkbooks of Texas.


143 posted on 08/24/2011 11:01:16 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: mylife
Just who are his islamic pals?

You don't know? I find that difficult to believe since you come across as knowing his history and the state very well. Look at the poplulation of Muslims in your major cities....30,000 thousand here 40,000 there....those aren't small numbers by any means.

Take a look at the Muslim sites encouraging Muslims who want to come to the US...Texas is right at the top for how "welcoming" it is....and the 'strength' of it's Muslim communities which Perry assisted to bring about...which BTW they are not dissimulating....rather special accommodations are made for them....

....the list is endless how Perry has created a favorable climate for Muslims and middle eastern investors to come in....and they have and are growing, along with sinking their tentacles into the ground.

Those are established facts....easily accessible on line for any who care to vet this guy.

.

144 posted on 08/24/2011 11:01:42 PM PDT by caww
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To: caww

Good luck with that.


145 posted on 08/24/2011 11:02:49 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: caww

...that’s ‘assimilating.’


146 posted on 08/24/2011 11:04:11 PM PDT by caww
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To: South40
You want less vitriol try not directing the same at those who haven't been fooled by RINO Rick.

I haven't directed any vitriol toward anti-Perry FReepers. I've done my best to raise the level of discourse.

You go far beyond posting Perry's record. You personally attack those who support him and actively promote banning their ability to continue supporting him on FR.

No one's buying your "we discuss politics" horsesh*t. You don't want a discussion. You want to trash Perry and his supporters on FR. You do nothing to encourage political discussion. You want a band of monkeys who think and speak as you do. You may get it.

147 posted on 08/24/2011 11:04:53 PM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: caww

40,000 to 25 million?

OMG! They are taking over!

Dont forget, Perry has prosecuted a bunch oh the money funders.
He was one of the first to bust the non profit aholes that were funneling money to Hamas


148 posted on 08/24/2011 11:06:17 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: mylife
Gardasil is a non issue to me.

It may be a non-issue to you but it is not a non-issue to many.

I think Perry was pretty responsive and ultimately I think he was looking after the health and checkbooks of Texas.

I'm sure you could come up with many 'opinions' as to why you think Perry would shoe-horn in a nanny-state EO but I see it for what it was, a nanny state EO.

149 posted on 08/24/2011 11:07:11 PM PDT by South40 (Perry: There is a path to citizenship for ILLEGAL ALIENS who have served THEIR country)
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To: mylife

It’s not about luck...it’s about vetting the guy...if I’m wrong about his helping Muslims to settle in his state, and purposely creating a climate for them to do so.... then prove I’m wrong.

We don’t need another President cattering and bringing more Muslims into are nation.

Perry’s not interested in closing the borders because the revenues and political climate he’s created there will suffer if he does. I have every reason to believe he’ll do with this country what he’s done with Texas in allowing more Muslims to come into our nation.


150 posted on 08/24/2011 11:08:59 PM PDT by caww
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To: caww

Read #148

Thats the way it is.I have lived in way bigger muslim populations with way less political blowback.

Perry has rooted these jackasses out. Perry is not shy on prosecuting muslim terrorist funders


151 posted on 08/24/2011 11:13:46 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: BuckeyeTexan
Your distorted opinion of my posting habits notwithstanding, I stand by what I said. And I wish to point out that it was YOU who strayed from the topic of this thread and commented about me -- I only responded.

And I repeat -- I show the same amount of respect to Perry supporters as they show me. Now do you have anything substantive to say or are your warped opinions of my posting habits all you have? If all you have is your opinions of me I'm afraid I'll have to start ignoring you. I've wasted enough time responding to your craziness.

152 posted on 08/24/2011 11:14:26 PM PDT by South40 (Perry: There is a path to citizenship for ILLEGAL ALIENS who have served THEIR country)
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To: South40

BS you are on full attack mode.


153 posted on 08/24/2011 11:15:57 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: mylife

Hamas and friends for Rick Perry face book site.....you were saying?

.......and there are others which I will not post Islamic sites to make my point further....anyone can check them out on line.

http://www.facebook.com/pages/Hamas-Friends-for-Rick-Perry/206966599358774


154 posted on 08/24/2011 11:18:22 PM PDT by caww
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To: mylife
Bookmark..

Did someone say attack mode?

155 posted on 08/24/2011 11:18:56 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: mylife

Yawn...


156 posted on 08/24/2011 11:19:44 PM PDT by South40 (Perry: There is a path to citizenship for ILLEGAL ALIENS who have served THEIR country)
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To: caww
It’s not about luck...it’s about vetting Smearing the guy...
157 posted on 08/24/2011 11:20:08 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: caww
Hamas & Friends for Rick Perry

lol!

158 posted on 08/24/2011 11:20:48 PM PDT by South40 (Perry: There is a path to citizenship for ILLEGAL ALIENS who have served THEIR country)
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To: mylife
Citing Perry's record is smearing him?

If you say so.

159 posted on 08/24/2011 11:21:59 PM PDT by South40 (Perry: There is a path to citizenship for ILLEGAL ALIENS who have served THEIR country)
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To: caww

Who the **** is hamas and friends on jerk book?

Some ahole 20 year old kid and his chump friends?


160 posted on 08/24/2011 11:22:14 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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