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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: shield
Right On
I have seen this phony Tax story posted on two other sites with the same Left Wing sources.
These Perry Hating Troll play the “Concerned Conservative “ scam while posting crap from every left wing website and the Soros media operation called the “Texas Tribune “ ( a Soros Thorton 501C3 just like Media Matters).

Perry must be scaring the Paulites and Axelrod Obots big time.

41 posted on 08/24/2011 8:13:18 PM PDT by ncalburt (NO MORE WIMPS need to apply to fight the Soros Funded Puppet !)
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To: TexMom7; normy

We are business owners as well. Own two in fact. However since one is in agriculture, it been difficult with the terrible drought. Last year however was awesome. Our best since we’ve been in business.


42 posted on 08/24/2011 8:13:47 PM PDT by Texan
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To: ilgipper
First, any freeper quoting the Dallas Morning News is grasping at straws.

It could be worse, earlier today someone was linking to ThinkProgress, the "progressive" website who thinks the worst thing you could call someone is a Tea Partier.

But they said something bad about Inhofe, and Inhofe had the temerity to endorse Perry, so he had to be taken down by whatever means necessary. Some called him a RINO, some called him an establishment republican, some called him part of the Senate Old Guard.

It would be hilarious, except I think they actually believed it.

43 posted on 08/24/2011 8:14:36 PM PDT by CharlesWayneCT
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To: normy
No we do not all have similar desires.

RINOs want to MANDATE drugs and medicine
(PerryCARE, RomneyCARE, ObamaCARE).

RINOs want open borders and DREAM Acts.


“No RINOs”

44 posted on 08/24/2011 8:17:51 PM PDT by Diogenesis (No man's life, liberty, or property is safe while the legislature is in session. - Mark Twain)
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To: Diogenesis

Yes, Alaska has more square miles...

but that doesn’t tell you much about governing

2010 Population of Alaska 710 THOUSAND
2010 Population of USA 308 MILLION
2010 Population of TEXAS 25 MILLION


45 posted on 08/24/2011 8:18:02 PM PDT by aMorePerfectUnion (You know, 99.99999965% of the lawyers give all of them a bad name)
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To: ncalburt

Perry is awesome & conservative and a fox.I love the hate crimes act too.


46 posted on 08/24/2011 8:18:33 PM PDT by magna carta
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To: BobL

What part of “net tax decrease” don’t you understand?


47 posted on 08/24/2011 8:19:05 PM PDT by GatorGirl (Herman Cain 2012)
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To: TexMom7

He did partially. Not completely.


48 posted on 08/24/2011 8:19:35 PM PDT by Diogenesis (No man's life, liberty, or property is safe while the legislature is in session. - Mark Twain)
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To: magritte

It if ranks in the middle, clearly the other taxes don’t “more than make up” for the lack of income tax.

I happen to think income tax is a good way of collecting money, to a point, but it’s nice that each state can decide how to collect the money they need to run their state.

Apparently, the people of Texas seem to be happy enough, as the state has one of the fastest-growing populations.

Texas government costs somewhere around 1/4th of Alaska’s on a per-capita basis, so clearly the total tax burden of the state isn’t too bad.

Of course, I can’t figure out what this has to do with having the ability to be a conservative President; it’s not like business is afraid Perry is going to pass new federal taxes on business.


49 posted on 08/24/2011 8:21:21 PM PDT by CharlesWayneCT
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To: Texan

This drought is rough on all the Ag businesses.

Best regards.


50 posted on 08/24/2011 8:23:15 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: CharlesWayneCT

Texas seems a very reasonable place tax-wise. High property tax is a function of local government, which is out of the governor’s range.

No, this has little to do with being a conservative President. It does show an effective Governor, however.


51 posted on 08/24/2011 8:24:35 PM PDT by magritte
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To: GatorGirl

“What part of “net tax decrease” don’t you understand?”

The part about businesses get screwed over, big time. But let’s not discuss it...ok?


52 posted on 08/24/2011 8:24:46 PM PDT by BobL (PLEASE READ: http://www.freerepublic.com/focus/f-news/2657811/posts)
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To: Diogenesis

WTF is PerryCare?


53 posted on 08/24/2011 8:25:04 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: TwoSwords

Are you a Texan?


54 posted on 08/24/2011 8:25:28 PM PDT by Arec Barrwin
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To: Diogenesis

The only non-RINO running for the Republican nomination is Perry. Bachmann worked for the IRS and voted for Obama’s Patriot Act renewal. Romney supports nationalized healthcare.

If you oppose Perry, you may be a DU troll.


55 posted on 08/24/2011 8:28:07 PM PDT by Arec Barrwin
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To: BobL

If Bushiness is getting screwed so hard, why are they moving here in droves from other states?


56 posted on 08/24/2011 8:29:26 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: BobL

But wait I though he practiced cronyism.

And didn’t the tax decrease benefit the property owners?

I guess you don’t want to talk about it because it really doesn’t make Rick Perry look all that bad. I mean it’s not like he confiscated more of the oil companies’ profits or anything.....


57 posted on 08/24/2011 8:30:07 PM PDT by GatorGirl (Herman Cain 2012)
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Businesses


58 posted on 08/24/2011 8:30:25 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: TexMom7

Actually, you could compare the states. It’s hard to find the budget numbers for Alaska, because they get so much of their money from oil companies and give money to citizens and that sometimes counts as government expenditures and some people don’t.

One source says in 2007 the budget was 5.5 billion. That’s about $8000 per person. Texas is a bi-annual budget, but cutting it in half, in the 2008 budget worked out to a about $3,300 per person, less than half.

The thrust of this article would suggest they could be compared — neither has an income tax, and Alaska is largely funded by taxes on business, like this article tries to claim Perry did one time in 2006. Palin passed a bill which raised taxes on oil companies, don’t know if it was the “biggest tax increase” ever.

I think if we start comparing ever specific act of every candidate, we won’t find any that come away clean. I think it’s a silly way to judge candidates;


59 posted on 08/24/2011 8:33:54 PM PDT by CharlesWayneCT
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To: dragnet2

Actually, the largest tax hike in modern texas history was in 1987, but don’t let that stop you.


60 posted on 08/24/2011 8:37:51 PM PDT by CharlesWayneCT
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