Patrick McSweeney


 

The Quicksand of Tax Reform

Finding an appropriate tax mix for Virginia's localities is no easy matter. Legislators should approach the challenge of restructuring local government taxes with caution.



The most perplexing aspect of the tax reform debate - deciding what revenue sources local governments should be allowed to tap - is getting very little public exposure. That may well be because it is so complex.

 

Virginia is not a home rule state and probably never will be. The General Assembly has the ultimate prerogative to determine which powers local and regional governmental entities will exercise. These entities have no inherent power to tax, although the Virginia Constitution appears to contemplate that property is to be taxed by local governments. Even as to property taxes, the state legislature must enact general laws empowering local governments to levy such taxes and classifying which property will subject to state taxation and which will be subject to local taxation.

 

As Virginia's population became more mobile and the economy shifted from a predominantly agricultural orientation, local governments looked to the General Assembly to broaden their sources of revenue. What was once a relatively uncomplicated system of local government finance that depended primarily on real property taxes plainly could not satisfy the requirements of a post-World War II society.

 

When the General Assembly added new sources of revenue to the tax base of local governments, new political problems arose. The independence of cities from counties led to brutal competition between them for new business sitings to enhance their respective tax bases. Localities with high rates of residential growth dreaded a future of rapidly escalating public education costs with only the property tax to depend on.

 

Central cities, meanwhile, confronted a dramatic increase in demand for services while surrounding counties were drawing ever-larger shares of business growth from those same central cities. The settlement patterns in the major population centers were heavily influenced by these governmental tax policies. As the more urbanized local units raised taxes to meet rising demands for services, new commercial and residential development tended to move farther and farther from those units, contributing to costly urban sprawl. Annexation strategies long ago proved inadequate as a solution to this problem.

 

As Virginia entered the 21st century, the problem was even more complicated than it had been decades earlier. Central cities still had their daunting challenges of increasing demands, stressed tax bases, a disproportionate share of government-dependent inhabitants and high crime rates. But surrounding counties were beginning to experience many of the same adverse conditions. Virginia localities that were rural only decades ago are now experiencing growth rates rivaling those of the nation's fastest growing counties.

 

When programs that were formerly financed by local governments are assumed by state and federal governments, the total cost has risen substantially. Public education is a case in point. Federal and state mandates have contributed to a dramatic increase in operating expenses and the cost of constructing new schools.

 

The decisions of local governments have also swelled the burden on state taxpayers. When one county decides to increase the salaries and benefits of its public school employees, the state's dollar-expressed Standards of Quality increase as a result.

 

The General Assembly cannot tackle broad tax reform without entering this thicket. Once it does, it should be careful not to worsen the overall situation.

 

Our elected officials in Richmond should resist the temptation to rush into tax reform just to appease commentators and interest groups who demand immediate action.

 

-- August 11, 2003

 

Bring Home the Bacon

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McSweeney & Crump

11 South Twelfth Street
Richmond, Virginia 23219
(804) 783-6802

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