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JPZenger

(6,819 posts)
Thu Feb 23, 2012, 08:19 PM Feb 2012

Corbett changed business tax rules on his own, costing PA. $200 million in business taxes

Last year, soon after taking office, Corbett on his own did two things.

1. Congress in 2010 had provided tens of millions to PA. and other states for the specific purpose of avoiding teacher layoffs. The school districts expected that these unbudgeted funds would be used to avoid public school teacher layoffs in the 2011-12 school budgets. Instead, Corbett transferred the money into the 2010-10 budget, which had been approved months earlier.

2. On his own, he changed PA.'s business tax depreciation rules. A progressive think-tanks immediately issued a report that it would cost PA. $200 million. Corbett insisted their math was wrong. Guess what happened? It cost PA. $200 million in revenues.

PA. was under no obligation to make the change, and the legislature had not approved it.

http://blogs.mcall.com/capitol_ideas/2012/02/revenue-secty-meuser-sidesteps-on-closing-tax-loopholes.html

February 21, 2012

"A combination of overpayments in estimated taxes, the rollback of the Capital Stock and Franchise tax and the state's decision to fully embrace so-called "bonus depreciation" contributed to the roughly $288 million hole in corporate tax collections this year, state Revenue Secretary Dan Meuser told a Senate oversight panel this morning.

Meuser told lawmakers that gap was partially created by businesses overpaying on their estimated tax payments in fiscal 2010-2011. The state's decision to embrace 100 percent depreciation, which allowed businesses to claim depreciation on their assets in a single year, was also a factor, punching about a $200 million hole in the budget.

When the state returns to 30 percent depreciation in fiscal 2012-13, its collections should stabilize. Democrats have roundly criticized the administration for its action, charging that it handed businesses a tax break even as the state cut money to public education and welfare programs."

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http://www.pennlive.com/editorials/index.ssf/2012/02/some_of_pennsylvanias_budget_w.html

"Some of Pennsylvania's budget woes harken back to corporate tax change

By Steven Burg - professor of history at Shippensburg University, and Brendan Finucane - professor of economics at Shippensburg University.

February 03, 2012

"According to the state’s Independent Fiscal Office, the year-to-date shrinkage of corporate tax collections below the Revenue Department’s prior estimates has been “generally attributable” to the decision to permit corporations to write off as expenses 100 percent of investment expenditures made from Sept. 8, 2010 to Dec. 31, 2011 — a practice known as “bonus depreciation.”

This “bonus depreciation” reduced corporate tax liabilities and caused tax collections to shrink. Though the Center on Budget and Policy Priorities had forewarned of the sizeable revenue impact of granting the 100 percent depreciation allowance, Pennsylvania decided to provide this generous tax break and to implement it without legislative action.

The Department of Revenue’s projections regarding the cost of the tax break significantly underestimated the loss of revenue. At budget hearings held last spring, it had predicted tax implications of $69 million for 2010-11 and $132 million for 2011-12, as compared with the actual $260 million reduction for the first half of the current fiscal year.

...The current revenue shortfall is not an accident, but the result of a deliberate policy decision made by the state."

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Corbett changed business tax rules on his own, costing PA. $200 million in business taxes (Original Post) JPZenger Feb 2012 OP
I suppose that I am just naive, but Curmudgeoness Feb 2012 #1
Good question JPZenger Feb 2012 #2
Yes, the federal government did bonus depreciation, Curmudgeoness Feb 2012 #3

Curmudgeoness

(18,219 posts)
1. I suppose that I am just naive, but
Thu Feb 23, 2012, 10:48 PM
Feb 2012

how does our governor have that much power? How can laws be changed without the legislature? I am without words.

JPZenger

(6,819 posts)
2. Good question
Thu Feb 23, 2012, 11:08 PM
Feb 2012

I wish I knew the answer. A federal tax provision regarding business depreciation was changed. Some states changed their rules to follow the new federal provision, other states did not. PA. was under no obligation to use the Federal provisions.

Curmudgeoness

(18,219 posts)
3. Yes, the federal government did bonus depreciation,
Fri Feb 24, 2012, 07:48 PM
Feb 2012

and if PA would have followed suit and had done that with legislation, it would not be as troubling....although it would still not make sense to me. Federal rules for 100% depreciation of assets purchased was enough to motivate businesses to update fixed assets, and they only got a bonus bonus from PA which was probably not necessary.

But if you think about it, that means in 2011, any business that could purchase fixed assets did so. And in 2012, there will be very little upgrades, and that will affect the economy. Add to that companies now will have assets completely depreciated and they will not have any depreciation to expense in future years, and that doesn't look good to me for the economy. But what do I know.

I have been bothered by the governor doing this without the legislature ever since I read this. I have tried to find out how it was possible legally, and I just can't figure it out.

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