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Cover Story: Washington’s Candy Land of Tax Breaks

As our cash-strapped state prepares to cut services for the poor and mentally ill, billions of dollars in tax breaks and exemptions are still being doled out.

When Gov. Chris Gregoire arrived last month at the 100th birthday celebration for Albert D. Rosellini at his assisted-living facility on Seattle's First Hill, she was immediately waved over to the ailing former governor's wheelchair so he could whisper privately in her ear.

In a room filled with well-wishers, including members of Congress and five other former governors, Gregoire bent down, listened, replied softly, and smiled agreeably.

What do governors talk about when they whisper in each other's ears? Why, taxes, of course.

"He said, 'Go with your heart on taxes,'" Gregoire confided later. "'Do what's best for everyone,' he said." She pronounced that "good advice."

As any of the other political co-conspirators in the room could confirm, taxes are not the sort of thing pols talk about publicly unless they're planning to lower them—and Gregoire's not. But she's also trying to find a way not to raise them as she struggles to mend the $2.6 billion hole in the state's $30.1 billion biennial operating budget. At present, she wants to cut spending, including expanding class sizes and eliminating some social services. She prefers to raid the state's reserve accounts and obtain federal bailout funds to stave off any tax increases.

But that's still likely to come up short, and lawmakers seem bent on finding new tax revenue. Among the current proposals in Olympia is a kind of kiddie "sin tax," eliminating the current sales-tax exemption on candy and gum. The kid who toddles up with a dime for that licorice stick will need a penny in the other hand.

The bill's sponsor, Sen. Jeanne Kohl-Welles (D-Seattle), would like to see the revenue—as much as $40 million over two years—go toward dental and medical services for low-income citizens hit by earlier budget cutbacks.

Which sounds good, but what about all the other sugar out there, the taxes the state doesn't collect? There's a bureaucratic mountain of them. Over the past two years alone, they have accounted for a record $98.5 billion in potential tax revenue the state never got. They're the result of hundreds of tax breaks granted by the legislature, some dating back to 19th-century territorial days, some much more recent. About half the missing money is from state-tax exemptions; the other half is exemptions from local taxes that the state legislature has enacted.

When Seattle Weekly detailed the breaks in a cover story six years ago, the headline was "$64 Billion Falls Through the Tax Cracks." There were 503 tax breaks on the books then. Today there are 567. Thanks to new exemptions and inflation, the amount of uncollected taxes has doubled over the past decade.

Most of these billions are untouchable as revenue. Among other things, governments, schools, hospitals, and churches are exempt from paying taxes on the land they own, as allowed under the U.S. and state constitutions. The largest single exemption comes to $36.2 billion for personal property-tax breaks on "intangibles," says the state Department of Revenue (DOR), such as money, stocks, bonds, and bank deposits. Were it not for this exemption, businesses and individuals would have to pay property taxes on their financial assets as well as their real estate. Reversing other breaks, such as $7.4 billion in sales-tax exemptions on non-restaurant food and services like plumbing and haircuts, would be unpopular and perhaps counterproductive.

But in its latest report, completed in 2008, the DOR identifies $14.8 billion in tax exemptions that "represent potential revenue" if the governor and legislature chose to repeal them. That could shrink the size of a few classes—and send everyone in them off to college, tuition-free.

The DOR doesn't make any specific recommendations, leaving repeal decisions solely up to legislators. But even a small bite out of the exemption pie could ease the annual Olympia hat-in-hand parade for state funding. At a recent Ways and Means Committee budget hearing in Olympia, senators heard how chemical dependency and mental-health services have been slashed while the underfunded prison system is overflowing. Foster kids, street kids, and the mentally ill will get even less help this year. "Some cuts are worse than others," said Gregory Robinson of the Washington Community Mental Health Council, referring to a $4.1 million reduction in residential care for patients leaving state mental hospitals. "And this is a real bad one."

As a result, some lawmakers think tax breaks could be ripe for rollback. "I believe that many tax preferences and exemptions will be repealed or allowed to expire by the full Senate and House this year," says Rep. Troy Kelley (D-Tacoma), chair of the joint legislative committee that will recommend such changes.

To some critics, eliminating tax breaks would amount to tax hikes and an even flatter job market. Many of the more recent "tax preferences," as they're also known, were doled out to aid businesses and promote economic development, in the form of exclusions, deductions, preferential rates, deferrals, and credits.

The 19,000-member Washington Federation of State Employees, however, sees exemption repeal as at least a job-saver. Some of its members were stunned last month when the federation blog mentioned that almost $15 billion was available to offset proposed state cuts in the employee ranks. They swamped legislators with calls and e-mails. Why not use that money rather than hack away at our programs and pay? they asked. Other members couldn't believe the money might really be there. In response to the "skeptical comments about the validity of our assertion," the federation blog ran another item the next day, linking to the DOR online exemptions report.

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  • Steven Jager 04/14/2010 2:00:00 AM

    Yes, of course, it is our money and these "tax breaks" keep it from being returned to us. Or, perhaps, as some radically believe, it is actually THEIR money and there are policy incentives to let them keep it. It is such an upside down attitude and there is this perpetually silly and angry belief that we just need to go take it from the big bad employers, and the big bad rich people and all will be well. And public employee unions, with their oversized pension liabilities, and lack of accountability, scream loudest. Please, do not trot out the police and firefighters as poster children for that entire economic sector. Putting your life on the line merits a different, and well earned, level of respect. It is the entities and people who pay the least that demand, of those that pay the most, more, masking their envy and self interest in the guise of a higher moral plane.

  • Rodney C. Hermes 03/18/2010 3:17:00 AM

    School Funding – Our race to the bottom I noted in a recent article in a Seattle newspaper (The Weekly February 3-9 2010) a reported conversation between Governor Gregoire and former Governor Rosillini on the occasion of his 100th birthday. He said: “Go with your heart on taxes. Do what is best for everyone”. It took me back fifty years to when I was a young teacher in Walla Walla and Albert Rosellini was there campaigning for governor. I so clearly recall his saying that Washington has always been 12th or 13th in the nation in support of education (dollars per student) and that if he was elected governor, we will not fall from this level of support. Fast forward fifty years. We are now forty-second nationally and charging downward. In my almost forty years in education – half of them as a school superintendent – I experienced our continual slide. Each legislative session it seemed the same. The legislature would come out of session having enacted some new program or requirement, but not enough money. They would then return home to extol all they had done for education. It seems people keep believing. Even after a Supreme Court decision in the 1970’s requiring “full funding” and an honoring of the constitutional requirement that education is the states’ “paramount responsibility”; we kept slipping nationally in comparative funding with class sizes going up and salaries going down. Now another court decision saying the constitutional mandate is being ignored by the legislature. The response? I suspect the same games will be in play; all while our politicians continue to proclaim their actions as promoting excellence. In truth, any excellence we experience is almost totally thanks to our dedicated teachers. Wow! We can’t even get it together to apply for the millions we might try for in Federal “Race to the top” grants. At least we only have eight more slots to go in our “race to the bottom”. It’s to the shame of our legislators for letting us slip so far in the past fifty years. It’s to our shame for letting them convince us they seek excellence while they fund quite the opposite. It’s also to our shame that we don’t demand and approve a system of funding that meets our constitutional mandate. Happy 100th Governor Albert Rosellini. Since your time in office, during good times and bad, we have continued our downward slide. We are winning the race to the bottom! Rodney C. Hermes, Ed D. Redmond

  • Michael Schuyler 03/09/2010 11:59:00 PM

    So you are saying that it is a 'loophole' that my bank account is not assessed a property tax? Think about this for a minute. You get a paycheck and have to pay 'property' taxes on it? Isn't that an income tax? Does anyone think this is a 'loophole' that should be closed? Or is this idea just another avenue for thievery by the state?

  • Charles 02/13/2010 5:42:00 AM

    Great article!Corporate Welfare in the Evergreen State is rampant and we need to do something about it now!Gregoire won't because she's rich;a progressive state income tax would 'hurt' her waaay more than it woul the bottom 95% of the workforce.

  • Tigress 02/11/2010 8:55:00 PM

    Hey, dont be so quick to jump on the anti-tax break train so quickly. Because of those tax breaks, some of you readers who work for 'a company that produces planes in Washington' or 'a health-maintenance organization (that rhymes with Group Health)' have jobs BECAUSE OF those tax breaks. So dont be so quick to throw the baby out with the bathwater! I'm not an outright supporter of giving money to millionaires (and Im a liberal), but the ugly truth is there is always another state, um lets say South Carolina as mentioned, or the state where I grew up Mississippi, that are poorer and willing to solicit jobs away from us. Its a race to the bottom and its a global economy now, hellooo! The Republicans always talk about less taxes - thats because most of the industry in their counties GET HUGE BREAKS ALREADY! Agriculture, a rural-data center (?) - those are in uh, rural areas, i.e. anywhere besides Seattle/Tacoma. So, lets connect the dots; would you rather pay more for tax on your groceries like other states OR scream at the legislature when they repeal that tax break and your Coke costs more? Choose your poision.

  • RA 02/08/2010 10:43:00 PM

    That tax rally at the state capitol, mentioned in the thread here, is actually planned for next Monday, noon on President's Day, outside the state capitol.

  • Just A Cog-noscenti In The Mac 02/06/2010 3:03:00 AM

    Just a brief note on the JLARC/CCPMTP review process. (Full disclosure: I am a part of the "lumbering bureaucratic process") It's important to understand what recommendations by JLARC and the CCPMTP actually mean, how they are different, and how they relate to the legislative process. JLARC recommendations are limited to evaluating whether an exemption is actually working, not whether it's a good idea. They are charged with figuring out whether the exemption is actually doing what the Legislature intended... even if the Legislature's goals were no more noble than "give Boeing a tax break." CCPMTP then adds a policy perspective. They can comment on whether the underlying policy is good or bad in their opinion. They are generally looking at one exemption at a time, however, so they aren't really capable of making complex balancing calculations. An exemption has to be a bad policy in and of itself to merit a negative review. Both JLARC and the CCPMTP act to identify the really low hanging fruit...the broken, the ill-advised, or the utterly incomprehensible. Usually, however, there is at least a grain of good intentions in these tax breaks. Hopefully that explains how 50 of the 75 were given a positive recommendation. Ultimately it is up to the legislators to make the really tough choices...that's what we elected them to do. Things are often more complicated than they appear at first glance, and legislators are often more timid or corrupt than we'd care for. Which one predominates I leave to you. Further reading: two big tax bills were introduced on the day this article came out: Sentate Bill 6841 (http://apps.leg.wa.gov/billinfo/summary.aspx?bill=6841&year=2009) and House Bill 3176 (http://apps.leg.wa.gov/billinfo/summary.aspx?bill=3176&year=2009)

  • AFSE 02/05/2010 10:38:00 PM

    The federation of state employees - thousands of them - will be rallying outside the capitol building Monday around noon to insist legislators repeal some of these tax breaks. Be there!

  • Donna Hardy 02/04/2010 8:45:00 PM

    "Greg Devereux, the state employees' federation leader, says don't bank on a tax-break revolution yet. "The exemptions are a perpetual-motion machine," siphoning off more would-be revenue with each new session, he observes, "and no one's willing to step in front of it." Nailed it! It would take balls for lawmakers to go against the wishes of their wealthy campaign supporters.

  • RBolson 02/04/2010 7:39:00 PM

    Yesterday the Democrats announced their new budget saving plan. They are going to raise taxes on the rest of us.

  • Jim DeBlasio 02/04/2010 11:14:00 AM

    Thank you Rick Anderson and the Weekly for trying to expose this material. Washington has the most regressive tax system in the United States, people feel like they are paying too much because they are! The Democrats need to get a spine and take on big agriculture and big business. If they raise the sales tax again, like they just did in Massachusetts, the Democrats and Republicans may find themselves voted out in favor of populist demogogues.

  • Jay Graham 02/04/2010 1:04:00 AM

    Someone in Olympia has to get serious about these breaks, especially in this economy. If as much as $15 billion can be generated - or hell, a couple billion - by retiring some of these handouts it is morally indefensible not to do it. We don't have the funds we need to help the mentally ill and run our justice systems - but we can give all this candy to billionaires? Olympia, do you have a conscience?

 

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