Corporate Tax Already Exploding in Virginia

by Steve HanerFirst published this morning in The Roanoke Times.

With Virginia’s fiscal year now three-quarters complete, and basically one year since the depths of the COVID-19 recession, state tax revenues are soaring. Despite reports that the boom results from the economic rebound, it remains clear that changes in tax policy under Governor Ralph Northam are the major driver.

Usually, the state financial reports compare results year over year. Instead, compare the recent data to four years ago. Four years ago it was Governor Terry McAuliffe coming to the end of his term as President Donald Trump began work on what would be his legacy tax bill, the Tax Cuts and Jobs Act of 2017.

In the four years since the March 2017 report, the state’s overall general fund collections to date are up 26%, almost three times the basic inflation rate for the same period (under 9%.) That is an extra $3.35 billion compared to four years ago at the same point. That is just the General Fund, ignoring all the other ways the state taxes us, such as last year’s gasoline tax increases.

About half of the added General Fund revenue came from individual income tax withholding, up 17% or more than $1.5 billion. It is the largest revenue category, so you would expect that to lead the pack. But it leads only in dollars, not in percentage growth.

Corporate income taxes grew 68 % over four years ago. The revenue category that includes the state’s tax on real estate transactions recorded at courthouses was up 72%. State policy didn’t spark the real estate price boom behind soaring recordation taxes. But intentional state policy has increased the corporate income tax harvest by two-thirds, to $315 million more than four years ago. 

Following right behind those categories is estimated income tax payments, which come from individuals with self-employment or partnership income, or with income from investments or retirement accounts. Those receipts are 51% higher in the first nine months of this fiscal year compared to four years ago. That increase also reflects intentional policy decisions.

Rounding out the top categories, the sales and use tax revenue is up 23% over four years ago. That is largely due to the General Assembly’s decision to impose sales tax on remote purchases, arguably correct policy but still a policy decision.

Both the corporate income tax and individual estimated tax receipts have been boosted by the state’s decision to tax a substantial amount of the federal Payroll Protection Program business rescue funds. The General Assembly’s decision to allow a deduction for the first $100,000 in such revenue still left billions subject to Virginia tax.

The bulk of the higher taxes on business income can be traced to the decisions made in the wake of the Tax Cuts and Jobs Act. The 2019 General Assembly went along with Northam’s recommendations and conformed to the various ways TCJA eliminated deductions and tax preferences. It refused to match the federal reductions on tax rates. The same tax rates were applied to higher levels of taxable income, producing more tax.

By allowing only a small increase in the standard deduction for individuals, a windfall tax was also imposed on many of them. For the richest, the coup de grace was General Assembly approval of a state-level wealth tax, a form of Pease Limitation to cap deductions.

The state is not done with corporate taxes. The General Assembly has ordered Virginia corporations which are part of affiliated groups to prepare mock tax returns for 2019 using an approach called unitary combined reporting. The biggest targets are companies which operate in multiple states. The theory is that taxing each entity separately (as Virginia does) allows the firms to pay fewer taxes, so they should be forced to file a unified return.

The review of those sample returns may encourage the General Assembly to make the combined returns mandatory.

In November of 2017, just after Northam’s election, the Commonwealth Institute for Fiscal Analysis published an article with a list of complaints about Virginia’s tax system as it stood. Read it and the parallels will strike you. It advocated on-line sales taxes, increases in corporate tax collections, new state rules on employee classification, and a clear retreat from Virginia’s former practice of confirming to the IRS.

Imposing unitary combined reporting on the largest corporate taxpayers will check off another box from that list. Virginia’s recent spurt of state revenue growth did not come mainly from economic growth or federal stimulus spending. Taxes have been consciously and substantially raised following a progressive roadmap.


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Comments

26 responses to “Corporate Tax Already Exploding in Virginia”

  1. Keep on reminding us, Steve. Virginia’s progressive, VPAP-sanctioned news outlets never talk about taxes. Without you, Virginians would know none of this.

    1. John Martin Avatar
      John Martin

      Really? I knew………

    2. LarrytheG Avatar
      LarrytheG

      So, once again. is there no Conservative media? Seems like you can blame the progressive media but in the end where is the Conservative media?

      Ya’ll seem to have trouble doing little more than blame others for what ya’ll won’t do.

  2. James Wyatt Whitehead Avatar
    James Wyatt Whitehead

    I was listening to candidate Peter Doran on WMAL. His main economic pitch is to eliminate the state income tax gradually. Doran wants a low corporate tax rate like North Carolina. He cited examples of businesses that have left Virginia to NC to gain that benefit. I have no idea how revenue would be gathered under his plan, that part I did not pick up on. Any thoughts about this proposal Mr. Haner?

    1. Stephen Haner Avatar
      Stephen Haner

      Call me Steve. In 2019 we (Thomas Jefferson) had a corporate rate cut proposal as part of the response to TCJA. It went nowhere, and remember that was during GOP control. The claim was that no business support was there. Now, with the Biden proposals piling on to what VA has does, that support might appear. My present attitude is they had their chance (the companies and the legislators) and you will see my current focus in a future post.

  3. tmtfairfax Avatar
    tmtfairfax

    But don’t forget Northam has a lot of illegal immigrants he needs to reward financially.

    1. John Martin Avatar
      John Martin

      Just stop. Cripes

  4. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    In addition to your analyses of the SCC and utility issues, I really appreciate your reporting on tax issues. That is another area that is rather opaque to me.

    A question and a request:
    Isn’t it too early for the tax on PPP income to be showing up in corporate tax returns?

    Please briefly refresh me on what the Pease Limitation is all about.

    1. Stephen Haner Avatar
      Stephen Haner

      The Pease Limitation is a cap on itemized deductions for high income returns. Results in higher net tax.

      Businesses pay quarterly estimated taxes so I assume some of them included PPP as income when they calculated those payments for the three quarters in question. Maybe not all, but the IRS had issued a ruling that indicated there could be a tax liability.

  5. LarrytheG Avatar
    LarrytheG

    I have to admit that Steve has some insight on taxes in Virginia and we know without a doubt, he is not sympathetic to taxes in general and even much less so on increases.

    On the conformity issue, if you go to Va Tax, you’ll find a number of credits, deductions and subtractions once Virginia starts with the Fed Adjust gross.

    Virginia does not tax social security and a number of other states do.

    Virginia has an additional 12,000 deduction for people over 65.

    I admit ignorance about corporate taxation but I presume that unless a Corporation actually did well and made money that they’d not be as heavily taxed so I might assume that the “windfall” is coming from companies that actually did well (as opposed to small businesses and non-chain restaurants that did not).

    Virginia will always have Govt-connected businesses in NoVa and as long as the Navy is in Norfolk – probably do well there also with Navy-related businesses.

    Amazon seems to like NoVa. Facebook, Google and others seem to like Virginia so I’m not sure how much stock to put in the idea that businesses are fleeing Virginia for other states.

    1. Stephen Haner Avatar
      Stephen Haner

      I don’t think they are fleeing per se, but I do think we’ll be losing more of the competitive decisions going forward. Some of those firms you named are or soon will be in all 50 states.

  6. Nancy Naive Avatar
    Nancy Naive

    Tax ’em all. Let God sort it out!

    Wait. I think I just confused two different bumper stickers.

    1. James Wyatt Whitehead Avatar
      James Wyatt Whitehead

      Warning. Trespassers will be taxed. Survivors will be taxed again!

      1. LarrytheG Avatar
        LarrytheG

        those behind the tree will always be found!

        1. Nancy Naive Avatar
          Nancy Naive

          Those under the tree, this is your last tax. We promise.

  7. LarrytheG Avatar
    LarrytheG

    On the premise that as much as most of us hate taxes, how much per capita is a fair and needed amount?

    Seems like the prevailing attitude with the anti-taxers is that any/all taxes are wrong and unjustified and it’s basically a game of whack-a-mole to keep them at bay.

    Let me give one example. The City of Fredericksburg is raising the water and sewer fee. The question is – why? The answer is that they currently have an out-of-date treatment plant that has to be replaced with a more modern one that meets standards.

    Now, what is the argument against raising those fees?

    Take police – we want every officer to wear a body cam – AND we want all the support infrastructure to maintain and operate them. How do we argue against paying those costs?

    We want DMV, VDH and the Unemployment agency to modernize. That’s gonna to cost money and probably require more staff. Do we think it ought to cost nothing or that they should somehow re-jigger existing funding to do the work?

    We want higher performing government. That costs money.

    1. energyNOW_Fan Avatar
      energyNOW_Fan

      And that tax-the-hell-out logic places new businesses in TN, GA, NC, TX, PA, China, India, Mexico (anywhere but RGGI states). Virginia is happy to rely on only fed gov and those who need to be close to DC (forced to locate here), and then the state will create it’s own utility business building offshore wind to make up for the jobs otherwise lost to high taxes.

      1. LarrytheG Avatar
        LarrytheG

        If we want services, they do cost money. If we want to live in a state with low taxes and poor services, we do have that option.

        So I ask again, what is the correct amount of taxes for services provided ? Is there a good or correct number?

        There are lists of per-capita state expenditures with a wide range I note.

        But somewhere around 5-6 K per capita. I think that is income tax plus sales, plus fuel.. and maybes some others.

        If business does not pay then does that mean individuals have to make up that difference in income tax?

  8. energyNOW_Fan Avatar
    energyNOW_Fan

    Don’t “thread” on me! Steve
    Va. Dems might as well ban the “Don’t Tread on Me” License plate while they are at it, since well, they are.

    Realistically, we should ask what is the overall cost of doing business in Virginia vs. say Tennessee and North Carolina. I have complained that business cost for electric in Virginia is lower, placing the elec cost burden on home owners. So if we have higher taxes in another category, maybe it balances out to some extent. Not sure. I sure know when I was making some money as a consultant, my colleagues in NJ did not have to pay a BPOE tax.

    1. Stephen Haner Avatar
      Stephen Haner

      Most if not all state regulatory agencies have different rates for commercial, industrial and residential categories (and often several others), with economies of scale recognized. But you are of course correct that taxes are just one cost of doing business, and the income tax just one of the taxes. In Virginia the local property taxes draw more complaints. And yes the license tax, BPOL, is not charged in many other states.

    2. LarrytheG Avatar
      LarrytheG

      Oh, I LIKE the “Don’t tread on me” plates. They are one of the very first ways that Government devised to track people and NOW we us it to show our “defiance”

      A TRUE “Don’t Tread on me” plate would not have numbers on it…just something like this:

      https://i.ebayimg.com/images/g/ibAAAOSw-YRgAbG1/s-l640.jpg

      1. Nancy Naive Avatar
        Nancy Naive

        AND THEY PAY MORE for a tag that says they think they give too much money to the government already!

        Brilliant!

        1. LarrytheG Avatar
          LarrytheG

          I KNOW… Rich!

          1. Stephen Haner Avatar
            Stephen Haner

            I too have noted that irony…. 🙂

  9. […] recently reported, Virginia’s overall tax collections are rising far faster than inflation or population, with the […]

  10. […] the release today of the April 2021 Virginia state revenue report, a correction in an earlier post becomes necessary.  Overall general fund state tax collections are not up 26 percent so far […]

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