Guest Column

Michael E. Mares


 

Framing the Issues

 

 

A CPA lays out the issues that the lawyers in the General Assembly should take into account this January as they undertake tax reform.


 

With the General Assembly elections now behind us, it is time for Virginia’s political leadership, both in the executive and legislative branches, to come forward with sound, visionary proposals to reform Virginia’s tax code. This will not be easy. It will require courage and forethought, but elected officials should not go it alone. They should call upon experienced professionals, like Certified Public Accountants, who deal in tax preparation and counseling on a daily basis.

 

One thing I have learned in 25 years of practice is that if there is a one constant in business, it is change. And over the past several decades Virginia’s businesses have dramatically evolved, moving from an agricultural and manufacturing base to a high-tech, services and tourism base. Unfortunately, Virginia’s tax system hasn’t come close to matching this evolution.  Instead, the Commonwealth’s tax system remains rooted in its past, with very few significant changes through the years. Today, 90 percent of the state’s revenue comes from the individual and corporate income taxes and the sales tax. Local governments rely heavily on property taxes. 

 

There is general agreement that our state tax system must be overhauled, but disagreement on the best process. Acknowledging the need for change raises two crucial questions. First, what attributes should the new system possess? Then, will the new system make Virginia more economically competitive?

 

First and foremost, the state must develop a comprehensive tax policy that provides a rational basis for taxing decisions. That policy must be rooted in sound economic theory and capable of evolving effectively and efficiently as the Commonwealth changes. The price for ignoring a cohesive tax policy will be needless complexity and citizen frustration that will, in turn, result in reduced compliance.

 

Short-term fixes, politically expedient measures and a failure to understand the economic base upon which a tax system will be built aren’t key elements of good tax policy, much less cohesive tax policy. Thus, the first step in revamping Virginia’s tax policy must be to develop a tax policy against which all proposed legislative initiatives should be measured.

 

Implementing a comprehensive tax policy is only the beginning. A tax system must be designed around that tax policy, considering equity, simplicity, adequacy and predictability. Equity means that the tax system (or individual tax under consideration) is fairly distributed among the taxpayers impacted by the tax. In considering whether a tax is “fair”, one issue is whether the beneficiaries of the government services being funded should pay a “user fee” versus having the expense funded through a tax levy. Then there is the issue of whether taxpayers with greater means, i.e. higher incomes or more valuable property, should bear a greater portion of the tax.

 

Simplicity means the tax is easy to understand and administer, thus enhancing compliance. Given the modern business environment, some complexity must exist, but should be eliminated whenever possible. Additionally, simplicity implies that the tax is neutral and doesn't significantly alter the taxpayer’s economic decision making.

 

Adequacy means that the tax system generates the revenue necessary to fund the state programs put in place by the General Assembly. Finally, predictability means that revenues can be estimated accurately, thereby facilitating appropriate, long-term fiscal planning and responsibility.

 

At first glance, these factors seem to complement each other. In fact, they are frequently competing factors that must be carefully balanced against each other. For example, equity demands that the system be “fair” to all citizens and businesses. However, perfect equity brings with it substantial complexity, which then places equity at odds with simplicity.  Deciding the balance to strike among and between the various factors is a key decision in the restructuring process.

 

Even this is only the start. Other difficult issues that must be addressed include the extent of local taxing options, integration of state and local tax policies, federal conformity and, of course, the impact of politics on all of this. However, no matter what the difficulty, the fiscal health and future economic viability of Virginia depends on the development of a modern, policy based tax structure. We, as citizens, should demand nothing less.

   

-- November 17, 2003

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Michael Mares is an attorney, a CPA and author of IRS Practice and Procedures, Limited Liability Companies, Practitioner's 1065 Deskbook, Guide to Real Estate Taxation and Industry Taxation Guide.