Analog Tax Policy is Harmful in a Digital World

By Chris Braunlich

To many, testifying before a government committee conjures visions of the drama surrounding the McCarthy, Watergate, or Zuckerberg hearings.

In Virginia, not so much.  Faced with processing more than 2,600 bills in 60 days, the legislature conducts hearings that are often more of a kabuki dance, while backstage choreographers figure out the next steps.  Speakers are frequently limited to one minute and sometimes committee chairs simply ask the roomful of citizen and professional lobbyists to stand in support or opposition to a bill.  It is rarely deep and incisive content.

But these hearings are ideal opportunities to test the waters, grab a headline, position your bill for the future, ask a question directly of a bill’s sponsor, or determine where your adversaries are coming from.

That was surely the case at a recent meeting where House of Delegates Finance Subcommittee #3 considered a dozen bills, including Governor Glenn Youngkin’s tax reform legislation.

Asked to testify, we rose with our 1996 vintage “Motorola personal communicator” in hand, pointing out that the outline of Virginia’s tax code had been around for decades before the phone was produced.  A quarter century later, our world and our economy has changed dramatically.  The phone is unusable; the tax code survives, with band aids.

It’s for the world as it was, not for the world as it is becoming.  It’s an analog tax code in a digital world.

As we have pointed out, one result of our outdated tax structure is that in nine of the last ten years, more Virginians are leaving the state than have moved here. Twenty-two other states have reformed their tax codes by lowering tax rates, but Virginia has stayed put.  As my colleague Steve Haner notes, “Virginia need only stand still to become a higher tax state.”

The Commonwealth’s tax code needs modernization to recognize a changing economy – not only to ensure a stable stream of revenue, but to incentivize job-producing companies to relocate here and entice more taxpayers to move here.

Without reform, Virginia faces declining future revenues from a narrowing base that will serve only to incentivize more high-income taxpayers to leave, not stay.

That is a dangerous space for any state in competition with other states.

The Finance Subcommittee referred Youngkin’s bill to a special Joint Subcommittee on Tax Policy, as were all the other bills considered that afternoon.  Fair enough.  Policy changes this big should be undertaken after informed study.

But based on the interactions of the Subcommittee, the Left telegraphed that many see this as merely an opportunity to raise taxes, not reform them.

Some Democratic members of the Subcommittee provided a poor imitation of the Wizard of Oz (“ignore that man behind the curtain!”), hoping to ignore the loss of taxpayers leaving the state.

Despite the Census figures, Delegate Kathy Tran derided the “so-called incredible out-migration” and Delegate Shelly Simonds ridiculed the out-migration argument as “a sky is falling” claim, asserting that Virginia “lagged in international migration into Virginia.”

In truth, we are winning in international migration.  U.S. Census data demonstrate that of Virginia’s population growth of 36,000, most of it – 28,000 – came from international immigrants.  In the previous reporting period, in fact, Virginia’s growth of 26,000 came only because 37,000 migrants arrived.

Those facts underscore the Youngkin administration’s point:  we are losing domestic migration to other states.  Ignoring facts does not make them go away.

Others suggested the phenomenon of out-migration was limited to Northern Virginia.  Yet, these are the same legislators who refer to the region as “the Bank of Northern Virginia” – an area whose wealth funds much of the state’s activity.  Have they not considered that if the depositors leave in a “run on the bank” there will be less wealth to fund the state?

A bevy of legislators and social justice lobbyists tried hard to suggest that the real reason people were moving away was in search of lower tuition, more public transit and more spending on schools, and that Virginia needs to spend more on those.  They appear not to have asked the more than half million who left California, New York, and Illinois last year — all states providing higher spending in those areas.  Perhaps residents left because their home state spent too much on those services for what they are getting, which would have resulted in … oh, right:  higher taxes.

The most significant signals came from other legislation considered.  Delegate Elizabeth Bennett-Parker would reinstate the “death tax,” potentially crippling family-owned businesses currently exempt even from the federal estate tax.  Delegate Phil Hernandez would add a new state income tax rate of 10 percent, putting Virginia in the company of California, New York, New Jersey, and four others – all of whom saw more people leaving their state than arriving.

Tellingly, the social justice lobbyists lined up to enthusiastically support Hernandez’ bill.  When Delegate Vivian Watts’ more modest proposal for a top rate of seven percent arose, the silence from the Left was deafening.

That sort of disrespect is a pity since Watts is not only Chair of the House Finance Committee but also the rare legislator who has already given substantial thought to the notion of tax reform.

If the Youngkin reform measure is to get a serious hearing in the Joint Tax Subcommittee to which it has been referred, it is going to need legislators who understand the need for reform, even if there is not initial agreement on the solution.

It is going to need to hear data and analysis from folks like Dr. Bob McNab of Old Dominion University and Lee Shalk of the American Legislative Exchange Council.

And it is going to require an understanding that bills raising taxes or lowering taxes are not by themselves reform.  They simply raise or lower taxes.

True reform comes when the tax code offers efficiency and equity, encourages residents to stay through predictable and reliably lower rates, and incentivizes economic growth and investment in the Commonwealth that create more jobs.

For all the concern of the social justice establishment for low- or no-income Virginians, they regularly ignore the fact that driving taxpayers away leaves fewer taxpayers to bear the burden; that without businesses or investment, there are no jobs – and that the best poverty program is a job.

Chris Braunlich is Senior Advisor and Past President of the Thomas Jefferson Institute for Public Policy, which first published this column.  


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53 responses to “Analog Tax Policy is Harmful in a Digital World”

  1. Super Brain Avatar
    Super Brain

    I think housing costs are the migration driver. We are looking from moving from Midlothian to Winston Salem at retirement. The driver is housing along with good medical care. Chesterfield is turning into NOVA.
    The tax question is highly variable. Yes Title 58 of the Code of Virginia is outdated. So is the Internal Revenue Code and most states. One has to take in the total costs including sales, income, and property taxes.

    1. John Harvie Avatar
      John Harvie

      Come to FL and skip the snow

      1. Super Brain Avatar
        Super Brain

        Florida has lots of in and out migration. People who moved to FL are leaving for other sunbelt states due to housing costs including insurance.

      2. Super Brain Avatar
        Super Brain

        Florida has lots of in and out migration. People who moved to FL are leaving for other sunbelt states due to housing costs including insurance.

  2. Eric the half a troll Avatar
    Eric the half a troll

    “As we have pointed out, one result of our outdated tax structure is that in nine of the last ten years, more Virginians are leaving the state than have moved here.”

    Due to housing costs… once again….

    1. f/k/a_tmtfairfax Avatar
      f/k/a_tmtfairfax

      Housing costs are, indeed, much higher in NoVA than in many other instate and outstate locations. But keep in mind that NoVA’s ever-escalating real estate taxes are a significant part of those housing costs.

      Wake Forest, NC offered a brand new, energy-efficient house 37% larger, on a 1/2-acre lot versus c. 6300 sq. ft. The 2024 NC personal income tax rate is a flat 4.5% versus Virginia’s top rate of 5.75%. North Carolina reformed it income tax code about a decade or so ago, eliminating many tax breaks, thus, having a much broader tax base, while lowering the rates until they finally reach 3.99%. The sales tax was also applied to more items. But we too have a car tax.

      1. Super Brain Avatar
        Super Brain

        With the age deduction, VA income tax can be less than NC depending on a particular tax situation.

        1. LarrytheG Avatar

          12K for many and they don’t tax social security and they give 10-20 further for retired military.

          Methinks the narrative about folks leaving for low-tax states might be exaggerated unless they are talking about Mississippi or Kansas or some such.

          There are LOTs of economically distressed places in the US and even in Va where you can live dirt cheap without going to Florida or NC!

      2. The problem is that Wake County has county wide school desegregation so one might have to pay for private schools instead of sending one’s children to public schools.

        1. Super Brain Avatar
          Super Brain

          No issue for retiree.

          1. Then why not move to Tennessee with no state income tax or Florida?

          2. Super Brain Avatar
            Super Brain

            TN gets you with the high sales tax which includes groceries.
            FL housing is impacted by higher net worth people moving in.
            Costa Rica is great until you step on a snake.

      3. LarrytheG Avatar

        TMT – are you in urban Wake or suburbs?

        I know folks in Charlotte and they moved to Rock Hill, SC because Charlotte was so expensive.

        I know Wake has one of the largest school systems in the US, as big or bigger than Fairfax.

        1. f/k/a_tmtfairfax Avatar
          f/k/a_tmtfairfax

          I’m in the Town of Wake Forest, which is located in the north part of Wake County with a bit in Franklin County to the north. The Town generally sits north and east of the Neuse River.

          So, we pay taxes to both the County and the Town. The largest portion goes to public schools, both traditional and charter. For the 2021-22 school year, there were 157,000 students in Wake County Schools, plus many in Charter Schools. The district had used magnet schools to address economic integration. Now it uses “Integration by Achievement. ” Integration by achievement will assign students to schools based on their previous achievements on standardized state test scores. Schools will have 70% of its students’ scores at or above the proficient level while the remaining 30% scores below the proficient level. The plan stipulates that once a child is placed in a school, he or she cannot be reassigned during their time in that school.”

          1. LarrytheG Avatar

            what happens to the ones that score low?

      4. So is Carolina’s effective tax rate, with a flat tax and fewer deductions really very different than Virginia’s graduated tax with more deductions?

        Smells like they might come out pretty much the same place with Carolina’s effective rate actually increasing some with the flat rate and decreased deductions. While Virginia’s tax structure is only very moderately progressive, a flat tax is solidly regressive, especially with the increased reach of the sales tax.

        It does not sound like Virginia’s taxes are big enough drivers to reverse the direction of migration from the 4 Rs, Reading, Riting and the Road to Richmond. That said it does not seem a good idea to increase Virginia’s taxes.

        FWIW, I have never felt that Virginia’s taxes were oppressive, either personal or business. They certainly have not been high enough to push me or my business out of the state. The sales tax on groceries was evil from the get go, but that’s finally gone.

    2. DJRippert Avatar

      So, Virginia has the 13th highest median home price among the 50 states and DC.

      You would think that should allow for a relatively low real estate tax rate.

      Nope.

      https://www.forbes.com/sites/andrewdepietro/2023/09/01/property-taxes-by-state-a-breakdown-of-the-highest-and-lowest-property-taxes-by-state/?sh=65f371b1441b

  3. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    I agree with your statement, ” it is going to require an understanding that bills raising taxes or lowering taxes are not by themselves reform. They simply raise or lower taxes.” However, in the next pargraph, you define tax reform in terms of lower rates: “True reform comes when the tax code offers efficiency and equity, encourages residents to stay through predictable and reliably lower rates.” You seem to be on the same wavelength as those you critize, only on the other end.

  4. DJRippert Avatar

    Not all taxpayers are created equal. I have never seen a calculation of what percentage of all state taxes are paid by the top 1% or 10% in Virginia.

    Roughly speaking, residents of Washington state pay $6,670 per year in state and local taxes.

    https://ofm.wa.gov/washington-data-research/statewide-data/washington-trends/revenue-expenditures-trends/state-local-government-taxes-capita

    Jeff Bezos is avoiding $600M in Washington state taxes by relocating from Seattle to Miami.

    That’s the equivalent of almost 90,000 average taxpayers leaving Washington.

    https://www.cnbc.com/2024/02/12/jeff-bezos-move-to-miami-will-save-him-over-600-million-in-taxes.html

    1. Stephen Haner Avatar
      Stephen Haner

      https://www.tax.virginia.gov/sites/default/files/inline-files/2022-annual-report.pdf

      Table 1.2. Data always lags a few years. That is income tax only.

      1. Super Brain Avatar
        Super Brain

        Wow-Look at page 54 for nonprofit info.

  5. LarrytheG Avatar

    Sometimes I wonder if Conservatives don’t understand or they don’t want others to understand:

    ” Virginia’s population growth has ticked up slightly
    This is important to remember when we talk about in-migration vs. out-migration. People moving in versus people moving out is just one part of population change. People being born versus people dying is another. Overall, Virginia has been gaining population even while experiencing net out-migration. That’s because births have outnumbered both deaths and that net out-migration. The new statistics released Tuesday show that Virginia’s population growth, which has been slow, remains slow, but has ticked up a bit.”

    And the tax code? It does very much need to be modernized, no question about it but lowering taxes is equivalent to “modernizing”? Nope.

    Not arguing for increased taxes nor for lower but a more intelligent discussion about taxes and services and how they serve Virginians (or not).

    Do we need better tax structures for business? Yes.
    Does that equate to lower taxes automatically? Nope.

    Lower taxes resulting in less services and less productivity because of under-funding things that can increase productivity, like transportation, education, health care?

    ” True reform comes when the tax code offers efficiency and equity, encourages residents to stay through predictable and reliably lower rates, and incentivizes economic growth and investment in the Commonwealth that create more jobs.”

    “Investment and more jobs INCLUDES transportation, education, health care also. Just because they are tax-funded
    does not make them targets for cutting except for some folks.

    Sometimes I do wonder if we had referenda that enabled folks to choose to not pay/opt out for education or Sheriff deputies or even 911 , how many would vote to not pay taxes for. Yep, we have those folks.”

    Tax cuts don’t necessarily create jobs and the loss of tax-funded necessities like health care actually harms productivity and economic strength.

    Taxes pay for health care. Want to cut it? Some do but they
    want it cut for others not themselves!

    That KIND of “tax policy” is not policy at all. It’s ideology without regard to consequences. Don’t believe me, go to an uber low tax country , often called developing or 3rd world countries , the epitome of small govt Libertarian, and see what low taxes gets you.

  6. LarrytheG Avatar

    I would think moving from NoVa to Florida to Texas would be trading one kind of hellhole for another. NC is a better choice. Truth is ,most people don’t want a place with little or no amenities and scarce health care…

    They want all the “goodies” but for less money. Can’t blame them but they ain’t moving to SW Va or rural Kansas for low cost housing or lower cost of living.

  7. LarrytheG Avatar

    What’s hard to reconcile about “high cost” places like California and NoVa is the economic part.

    If California, with all it’s warts , were a country, it would be the 7th or 8th largest based on GDP. And many folks don’t realize that California is the #1 farming state in the US!

    Similarly, NoVa’s GDP would probably rival some states and it certainly is the mainstay of economic strength in Va.

    And when people leave these places because of cost-of-living and housing, they are NOT seeking places with no amenities and rock bottom costs.. they’re looking for places that provide all the goodies for less money. Can’t blame them but it’s not like they think the amenities are too much!

    1. And when people leave these places because of cost-of-living and housing, they are NOT seeking places with no amenities and rock bottom costs.

      Speak for yourself.

      1. LarrytheG Avatar

        Easy to verify. Take a trip out to the middle of nowhere and see who’s there and who’s not.

        Pick just about any place in Southwestern or Southside Virginia with their half-dead towns and see who actually wants to move there.

      2. Nancy Naive Avatar
        Nancy Naive

        Costa Rican beaches? The advantage to being nowhere is a medical emergency is THE medical emergency.

        1. LarrytheG Avatar

          People that live where there are modern amenities say they want to move to a less crowded, less expensive place where they can get “more” house for the money but when push comes to shove, what they really want is the same level of amenities for less money. You won’t see them move to a place in SW VA where the nearest WalMart is 40 miles away, the EMS / fire is 100% voluntary, no internet, maybe not even cellular service, etc. The talk is big about a lower-cost place, the actual action is not to seek true rural nirvana.

  8. Super Brain Avatar
    Super Brain

    The tax issue is not going to be fixed in a regular GA session. It is going to take a long special session.
    Probably not enough hotels in the area to house all the lobbyists.

    1. LarrytheG Avatar

      which makes one wonder how the Trump tax cuts got done!

      1. Nancy Naive Avatar
        Nancy Naive

        In a back room,… down in old SoHo where you drink champagne and it tastes just like Coca~Cola…

  9. Nancy Naive Avatar
    Nancy Naive

    Tax Reform — rearranging the lines on the VA760.

    1. LarrytheG Avatar

      The average person in Va pays low income taxes. They start with the Feds ADJ and there are many possible deductions after that. You can owe the Feds a bunch and still get a State refund. Higher income folks don’t fare as well.

      1. Nancy Naive Avatar
        Nancy Naive

        I, on the other hand, have had zero fed tax (for four years I was a Mitt Romney 49%er) and still paid big State tax. This year I’m catching it in the teeth.

        Have been considering a move to PA. While I’ll save 5% on State Income tax because PA doesn’t tax retirement income or SocSec at all, the tax on the house of equal value is 2 or 3 times that in VA. Now, I could downsize, and move into the country at a level, but digging a pit to bury trash isn’t in my wheelhouse.

        Meh, it’s only money.

        1. LarrytheG Avatar

          Curious … since Va starts with Federal ADJ… You have a high Federal ADJ that is not taxed and
          flows to the State where it gets whacked?
          And even though Va does not tax SS and has a 12K deduction from ADJ for seniors?

          1. Nancy Naive Avatar
            Nancy Naive

            Yeah, queer world ain’t it?

          2. LarrytheG Avatar

            I’d be the first to admit, I don’t understand it all.. except if you have a high Federal ADJ, the State is going to munch on it pretty good unless you got some other deductions and such and some of this started to happen with the Trump tax cuts, std deductions and itemization and the 10K limit.

          3. Nancy Naive Avatar
            Nancy Naive

            Capital gains and qualified dividends. At that time, up to $70K was taxed at 0%.

          4. LarrytheG Avatar

            You’re right. I’m not sure how it flows on page 1 then not included in taxable income or is separated from ADJ where taxes are calculated. But ADJ which apparently contains the cap gains and QD flows to the State without them being removed. hmmm

          5. Nancy Naive Avatar
            Nancy Naive

            For the Fed…
            It’s in how the tax is calculated. It’s in the 1040 instructions, or in the Sched D instructions depending on short term and long term gains and losses.

          6. LarrytheG Avatar

            Yep.

          7. LarrytheG Avatar

            geeze. yep: indeed: “Virginia taxes capital gains at the same income tax rate, up to 5.75%.” You’d think Haner and TJ would be hot on this… I see Penn is 3% or so.

          8. LarrytheG Avatar

            geeze. yep: indeed: “Virginia taxes capital gains at the same income tax rate, up to 5.75%.” You’d think Haner and TJ would be hot on this… I see Penn is 3% or so.

          9. Nancy Naive Avatar
            Nancy Naive

            Why would they? Dark money isn’t a capital gain.

  10. LarrytheG Avatar

    At the State and Federal level, Conservatives invariably argue that taxes are too high, for things not needed, and kills job creation because the money less taxed would be spent on things that create jobs.

    Take this theory and advocacy to a local level in most Virginia counties and see what happens in reality.

    Don’t choose Fairfax. Choose a county like Caroline or New Kent or Goochland or even Henrico where some conservative BR commenters are said to reside.

    Look at tax-funded county services in those counties and make the case for cutting services, lowering taxes to let people decide on where to spend it and create jobs and see what happens.

    What happens to county roads? To landfills and waste management? Deputies, fire, ems , 911. Libraries, Schools. Social Services. Health care for kids, etc.

    Yeah, the “cut my taxes” crowd is at the budget hearings in force but the last time the BOS talked about cutting the libraries, the politics started to change a little.

    No two ways about it – you need taxes to provide essential services that people want and will vote you out if you don’t think so. No, they don’t want to pay taxes but if you cut funding to their kids school or talk about limiting hours for the convenience centers or landfill, the “no-tax” types find themselves behind the 8-ball pretty quick.

    So, when we talk about taxes ,some only talk aout “good tax policy” being lower and lower taxes as if they don’t fund important services or even that the jobs that the county creates in provides those services are not as “real” as if taxpayers could keep their taxes and instead choose what services to pay for to “create” private sector jobs.

    It gets easier and easier to play the “no tax” game when you get to the State and Feds… so much easier to say that low taxes , no matter how low are “good tax policy”.

    What we need is a more informed approach where we talk about how to do taxes “right” and what services we need and how much they cost… like we elect folks to do that in Richmond or some such.

    1. You should probably remove Goochland from your “Choose a county like…” list. Compared to 134 other localities in Virginia, they have*:

      The 11th lowest real estate tax rate.
      The 13th highest median home values.
      The 9th best school system.
      The 12th highest median household income.
      The 11th healthiest population.
      A ‘triple triple ‘ credit rating (triple A from all three major credit rating agencies**).

      Localities with low taxes and high quality services do not make your case for you.

      * Data from various sources for 2022-23.
      ** Goochland is the smallest county in the United States with this distinction.

      PS – No, I do not live in Goochland County.

        1. That bond referendum did not result in a tax increase. The real estate tax rate has been $0.53/$100 since 2008.

          Why did you jump to the conclusion that issuing bonds automatically involves a tax increase?

          EDIT based on new information.

          1. LarrytheG Avatar

            why? because you can’t get something for nothing, despite what some folks want to believe. Where do you think the money for “more” would come form?

          2. LarrytheG Avatar

            When you vote for MORE services, are you expecting to get more for no increase in taxes?

            We went through that in Spotsy. There is a connection between providing more services and taxes but it sometimes takes more than a year. There are no free lunches.

            Goochland is good right now because they have higher income folks buying high dollar homes but over times, the costs of schools, 911, deputies, EMS, will catch up or they will lack those services and voters will decide if that’s okay.

            More people will require more services and population growth does not “pay for itself”. Homes generally cost more in services than they pay in taxes and that’s why most counties go after sales and meals taxes to cover it.

            Those issues are now on Goochlands steps:

            https://uploads.disquscdn.com/images/b4742c92cca7ca8dc3cbda8d26c952f1367211205f7ac89dbc6bfbf92cfe65b5.png

          3. When 65-75% of the residential development is age-restricted, pressure on the schools is less than you might think.

          4. LarrytheG Avatar

            We do that in Spotsy also and it does work but other things like improving secondary roads (and primaries if there is population increase and you have commuters), more deputies (to serve growth), more fire stations and EMS, more convenience centers, they all add up and again you can’t provide more services with no increased funding. It has to come from somewhere. They can get away with no tax increases for awhile when the increased revenues
            come from increased real estate assessment so people pay more taxes even though the tax
            rate did not go up. Right now, I’m looking at a higher tax bill because of higher assessments even though they “held the line” on rate increases. We are also paying 3 times as much for a late model car than we did before with a 10 yr old car. So “holding the line” is not the same as no increases in the tax bills. And right now, any talk of a new school means it can’t be done without a tax increase. We have put it off by using trailers but we’re at the end of that.

            Spotsy has held the tax rate down like Goochland but increased values in real estate has increased taxes and I suspect similar in Goochland.

            If the idea is that holding the line on tax increases means no increases in taxes owed, it’s a false
            narrative. When you have population growth, it costs money and someone is going to pay.

          5. Eric the half a troll Avatar
            Eric the half a troll

            “The real estate tax rate has been $0.53/$100 since 2008.”

            Loudoun County real estate tax has dropped from 2011 ($1.285/100) to now (0.985/100). Tax rate has very little to do with tax bills. Goochland County real estate values have grown at about 7% per year over the past several years at least. So with a constant real estate tax rate, the tax payers of Goochland actually saw about a 7% per year real estate tax increase. I don’t know if they experienced that kind of assessment growth consistently since 2008 but given the location, I suspect they have.

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