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Income Tax Seems Assured a Vote This Fall

Initiative 1098 Will Give the Left a Cause on a Ballot Crowded With Business Issues



Bill Gates, Sr., John Burbank of the Economic Opportunity Institute and Sandeep Kaushik, spokesman for I-1098 speak to reporters outside the state elections office Thursday morning.

By Erik Smith

Staff writer/ Washington State Wire

 

OLYMPIA, July 1.—Income-tax supporters Thursday turned in more than enough signatures to put the issue before voters and give the left a piece of the action in what is looking like a crowded ballot this fall.

            Initiative 1098, a soak-the-rich tax that would hit those making more than $200,000 a year, is backed by a coalition of labor, social-service and progressive organizations. That makes it unique among the half-dozen ballot measures that appear headed for a vote in November. The other five are backed by business interests – and this one most assuredly is not.

            Supporters turned in petitions with 350,000 signatures Thursday, well in excess of the 241,000 that are required by state law and more than enough to assure a margin of safety when signature-checkers begin verifying names and addresses. And what it means is that the attitude of Washington state toward an income tax will be tested once again, as it has every decade or so since the Great Depression. Someone always blinks – voters, lawmakers or the courts – but backers are hoping the ninth time will be the charm.

 

            Touching the Third Rail

 

            Washington is one of only seven states that don’t have an income tax, and some call the issue the third rail of state politics, just as social security is on the national level. There are a few new wrinkles this time out. The first is that this one wouldn’t hit everyone, at least as initially designed. A hundred percent of voters will be asked to impose a tax on the wealthiest three percent of the population – an element designed to give it more appeal.

            That shifts the usual argument. Typically the income tax is presented as a way to bring more stability to state tax revenues. Backers are making that argument again, even though they are hitting the segment of the population whose incomes are most volatile, and the experience of other states raises doubts on that score. But their central argument is that it is a matter of “tax fairness,” and a way of leveling the disparities between the rich and poor.

            And most importantly, it comes at a time when state government revenues are in their tightest squeeze ever, and something has to give – either state spending or state resistance to tax increases. Washington has faced $12 billion in shortfalls over the last two years, and the easiest cuts have been made. But new projections from the state Office of Financial Management indicate that the state will face another $8 billion shortage of funds through the 2013-2015 biennium. That sets the stage for dramatic cuts in state spending unless another new source of revenue can be found.

The tax proposal is accompanied by a modest property-tax cut – about four percent overall – and an increase in a business and occupations tax credit for the smallest businesses. But overall it is designed to raise dramatically more money for state government, some $1.7 billion a year – representing roughly a 10 percent increase in tax collections.

It is backed by interests that would be hit the hardest in the next round of cuts – the poverty lobby and the unions. The Service Employees International Union and the Washington Federation of State Employees have put up a little over half of the $800,000 that it has taken to get the initiative this far.

 

            The Camel’s Nose?

 

            Supporters staged a rally outside the state elections office Thursday morning as they presented their petitions. Bill Gates, Sr., father of the Microsoft founder and the spiritual leader of the movement, said the income tax is the only way to protect education and social service programs. And he got testy at times when reporters peppered him with questions.

            The biggest one is how long it would take before the tax is extended to the rest of the state’s population. Many argue that the proposal is the camel’s nose under the tent – that once the Legislature becomes dependent on income-tax revenue, the next economic downturn will force it to broaden the tax. Though the initiative requires a public vote before the tax can be extended, lawmakers can rewrite any initiative after two years by taking a simple majority vote. They did it this year when they suspended Initiative 960, which would have made it all but impossible to raise taxes – and then they raised taxes.

            It is the most common criticism of the proposal, but Gates bristled when challenged by reporters. No one can predict what future Legislatures will do, he said.

            “How do they know that?” Gates said. “They say that, but who knows? There’s no way to make any changes in that without a vote of the people.”

 

            Business is ‘Inimical,’ Gates Says

 

            Gates chaired a blue-ribbon panel on the state’s tax structure back in 2002, but it should be noted that the tax proposal this time out is substantially different than the one recommended by his committee. Among its recommendations was a flat-rate tax on the state population as a whole, together with reductions in the state sales tax and elimination of the state property tax.

            Gates said, “Those were just models set up in a report from a committee as a way to look at how taxes could be changes in this state. It doesn’t represent something that I’m wed to. I’m wed to doing something that works, and this works.”

            The report of the Gates commission also pointed out that a system dependent on a broad-based income tax would be no more stable than the current system. It stated, “The sales tax, although volatile, is less volatile than a graduated personal income tax. There is no evidence that a flat rate personal income tax in Washington would be less volatile than the sales tax.”

            Other states, Oregon among them, are finding that more narrowly based taxes that hit the wealthiest hardest are even more vulnerable to up-and-downswings in the economy.   

But Gates said Thursday he believed an income tax would make state revenues more stable. “I think having a variety of sources does to contribute to that, yes,” he said.

And he said he thinks opposition being mounted by business organizations, particularly the Washington Roundtable, is motivated by self-interest. “This is a world in which people have different ideas about things,” he said. “There’s no getting around that. That’s what politics is about. Those are all fine people. Friends now and forever to be, but the fact remains that their interests are just inimical for what’s best for this state and they’re wrong.”

 

            And So Begins the Fight

 

As supporters carried their boxes of petitions inside, Mark Funk, a spokesman for the opposition campaign, Defeat 1098, said the income tax is going to provoke an enormous fight this year. Already the opposition has raised nearly $300,000, much of it from venture capitalists who view the tax as a threat to small startup businesses. Although the tax targets only personal income, it would affect owners of sole proprietorships and “S” corporations because they are required to report business income on their personal taxes.

“This one strikes at the heart of the most innovative part of our economy,” Funk said. “They say it’s a small tax increase. It’s a large tax increase. I’ve honestly got to believe they don’t understand business very well.”

It doesn’t take much imagination to see that ultimately the tax will be extended, he said. There haven’t been many initiatives that haven’t been tampered with by the Legislature, he said.

But what it really comes down to, Funk said, is a debate over state spending as a whole. The income tax plan is designed to give lawmakers an out in an era when it has become clear that government and special interests need to reduce their expectations. The income tax plan is really a plan to protect the status quo, he said.

 “We’re looking forward to a debate over how government’s money is spent,” he said. “Everyone’s learning curve is going to go up.”




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WashingtonStateWire.com


I wrote three tongue and cheek initiatives that in spite of the initial humor have a serious message. My most popular was Initiative 1069 to change the state seal to a tapeworm dressed in a three piece suit attached the rectum of the tax payer. Around the vignette the words, “ Committed to Sucking the Life Blood Out of Each and Every Tax Payer.”

My second initiative is a rebuttal to Bill Gates Sr. Initiative 1098. Ask yourself the following questions before you vote yes for Initiative 1098.

1. Why would Bill Gates Sr. sponsor an initiative that would tax the rich?
2. Does it have anything to do with the fact the legislature is preparing to give Microsoft a $100 million tax break and amnesty for $1 BILLION in tax evasion?
3. After two years do you believe that the legislature would change the law to tax everyone?
4. After reading section 1. below, do you believe our state is any different than Connecticut?


Panhandling and Pick Pocket Tax For State Legislatures In Lieu of a State Income Tax

An act relating to education and fiscal reform; adding a new section to Chapter 82.04 by creating a 40% tax that will be applied to all monies received from the panhandling efforts, otherwise know as campaign contributions, that are from special interest groups. In addition, a 20% tax on all Democratic legislatures that voted to suspend Initiative 960 and increase taxes or pick the pockets of Washington State tax payers in order to pay for promises made while they were panhandling on the campaign trail. The 20% tax will be applied to all wages, salaries and other compensations received directly or indirectly from their elected office. The panhandling tax will also be used to offset or recoup tax dollars lost from Indian Casino revenues.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON

Part I

Policies and Purpose
Sec. 1. Whereas Initiative 960 was approved by the voters to prevent the following:

In 1991, Connecticut was facing a revenue shortfall of about $2.7 Billion. Using that crisis, Connecticut's governor pushed hard for a state income tax. After a long stalemate with the General Assembly, the bill eventually passed. At the signing ceremony, Governor Lowell Weicker sounded optimistic. "When I sign this budget, Connecticut will be closing the book on its past and it'll be facing toward the future."

Now, 17 years later, we have a pretty good idea of what that future looks like: The income tax that was passed to close a $2.7 Billion deficit has been raised several times and now brings in over $7.5 billion a year. Add in the $350 million a year that the state currently receives from Indian Casinos, and Connecticut now collects nearly $8 billion more in revenue than it did in 1991.

Despite all of those extra billions, Connecticut is still facing massive deficits $1.2 Billion this year and another $6 to $8 Billion over the next two years. How could this happen? In Connecticut's case, out-of-control spending was the culprit. In 1991, when the so-called crisis was happening, the state's total spending was about $7.6 billion. In 2008, the total spending was $18.8 billion, an increase of 147 percent. To be fair, the $7.6 billion in 1991 dollars would translate to $11.4 billion today, but that still means the brainiacs in Hartford are spending 65% more than they were in 1991.

The point is that government knows how to get bigger. Try as they might to slim down, the natural order of things will always take over and ensure they grow larger than anyone thought possible. The only way to stop that, or at least slow it down, is by taking away their source of food: money and power. For this very reason the voters of Washington State passed Initiative 960 in an attempt to remove the tapeworm that is attached to the lower intestine of the taxpayers.
SEC. 2 Whereas, the Democratic controlled legislature failed to implement budget cuts, curb spending, eliminate wasteful spending and continued to spend tax dollars in order to provide favors to special interest groups, with a deficit in the next biennium that is projected to be as high as $8 billion dollars. In spite of this over $150 million dollars was identified as pork barrel spending by the Washington Policy Center’s Citizens Against Government Waste.
This serves as evidence that there was never any serious attention given to reduction in expenditures and that the legislature is committed to picking the pockets of the Washington State Tax payers while continuing to pan handle large sums of money from special interest groups.
Examples on Panhandling include:
1. Washington taxpayers are being asked to pay more than $2.5 million for a community Inviting House, Longhouse and Museum, which would primarily benefit the Suquamish Indian tribe. Yet, the tribe’s leaders are hardly short of money. They operate the nearby highly-profitable, and tax-exempt, Clearwater Casino Resort. $1.5 million for decorative lights on the Tacoma Narrows Bridge
2. $ 442,000 ”SAyWA” advertising campaign
3. $142,000 for Animal Massage practitioners.
4. $66,000 for Christmas Tree Inspections
5. $44,687 for Medicaid Checks for Services to Dead People
6. $31,723 Payments for paying WA State Ferry Employees to Ride the Ferry after Work
7. $254,694 Pension Payments to Dead People
8. $19,050 For Sole-Source Contract to Review Governor’s Communication Operation which appears to be another quid pro quo scenario since the principal owners of the firm gave a total of $2,922 in campaign donations to the governor. This contract comes on top of an earlier contract of $12,000 to another consultant to review the Governor’s communications operations and relations with the press.

Examples of Pick Pocketing include:
1. B&O tax increase on service businesses.
2. Limit on preferential B&O rate for manufacture of certain agriculture products.
3. Suspension of sales tax emption for livestock nutrient equipment and facilities.
4. Cigarette and tobacco tax increase. A tax of $1 per pack of cigarettes has been added.
5. Tax increase on carbonated beverages. Soda and such are taxed at 2 cents per 12 ounces. The bottler is exempt from the tax on the first $10 million sold. Tax is in effect from July 1, 2010, through June 30, 2013.
6. Sales tax on candy and gum. Candy and gum are subject to sales tax effective June 1, 2010.
7. Temporary sales tax on bottled water. From June 1, 2010, to June 20, 2013, sales tax applies to bottled water.
8. Beer excise tax. The excise tax on beer is increased from 26 cents to 76 cents per gallon. Microbreweries are exempt on the first 60,000 gallons sold.


Part II
Conclusion


Washington State Laws that apply to monopolies are focused on issues related to trade and commerce. If we purchase bottled water, gum, soda pop, candy and beer, we pay tax. The tax is on our sales receipt and the more we purchase the more tax we pay. Many business, particularly in southern Washington suffer from the fact that Oregon does not possess a sales tax and many residents cross the border to purchase products to avoid paying our nationally high sales tax.
On the business side of the equation, since 2008 six countries have announced plans to cut their corporate tax rates: Canada, Hong Kong, Korea, South Africa, Spain and Taiwan. In an interview in the Korea Times, Choi Kyung-hwan, a member of the new Administration's Presidential Transition Committee, said, "The corporate income tax reduction is not a matter of choice, but a matter of life and death for Korea in an increasingly globalized business environment.''
In a refrain that is equally applicable to the U.S., Choi went on to say, "Hong Kong and Singapore, which impose significantly lower corporate taxes than Korea, have further slashed taxes recently to draw more foreign investors. Also, France currently levies a 34.4 percent corporate income tax but plans to reduce the tax to as low as 20 percent. Unless Korea cuts corporate taxes, we will not be able to win over multinational firms."3 Note: Washington State is at 39.2%
The point is that taxes are directly related to trade and commerce. As a result, the monopoly laws that apply to trade and commerce are applicable in regards to the actions of Governor Gregoire and the Democratic majority in the Washington State legislature in regards to suspending I-960 and passing laws to increase taxes that directly impact trade and commerce. We contend that the actions of Governor Gregoire and the Democratic legislators vote to suspend I-960 to be a violation of the following RCW’s
RCW 19.86.020 Unfair competition, practices, declared unlawful. Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.
RCW 19.86.040 Monopolies and attempted monopolies declared unlawful. It shall be unlawful for any person to monopolize, or attempt to monopolize or combine or conspire with any other person or persons to monopolize any part of trade or commerce.
RCW 19.86.093 Civil action — Unfair or deceptive act or practice — Claim elements. In a private action in which an unfair or deceptive act or practice is alleged under RCW 19.86.020, a claimant may establish that the act or practice is injurious to the public interest because it: (3)(a) Injured other persons; (b) had the capacity to injure other persons; or (c) has the capacity to injure other persons.
By conspiring to create a monopoly, we contend that Governor Gregoire in conjunction with the Democratic members of the Washington State Legislature, violated RCW 19.86.020, RCW 19.86.040, RCW 19.86.093 and caused financial injury to the citizens of Washington State.
One specific example is that the Business and Occupation Tax know to be the most repressive tax in Washington State history. On July of 2005, Governor Gregoire stated during a meeting with the Clark County High-Tech Council that she was looking for ways to reform the B&O tax to make it less onerous on business and four years later in February of 2009, in a speech to the Association of Washington Business, Governor Gregoire stated that she would like to overhaul the business and occupation tax, calling the tax, "ill-conceived" and harmful to small businesses.
By creating a monopoly to illegally suspend Initiative 960, the Democratic Party was able to pass a number tax increases. One in particular was to raise the B&O taxes by 20% on service industries which Governor Gregoire repeatedly admitted was harmful to small business. This clearly violates RCW 19.86.093 (3)(a)(b)(c).


Unfortunately, collusion and violation of monopoly laws for which individuals in the private sector are prosecuted are conducted as standard operating procedures in Olympia. As a result, it is time to tax the tapeworm that is attached to the lower intestine of the tax payers.



 




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