Focus on the Standard Deduction, QBI Deduction

We tried to tell everyone. Indexing the tax code for inflation is wildly popular, but it’s not in the pending package.

We have seen this before in Virginia and here we go again: the classic conflict between tax cuts for the many versus more government spending for a few.

The Republican-dominated House of Delegates has passed a series of broad tax reductions, while the Democratic-dominated Virginia Senate has killed its versions of the same bills.  Last Sunday the Senate then produced a budget proposal about $1 billion richer in funds for education, mental health services and other poll-tested priorities.

Killing the tax bills creates even more revenue to spend in future years, billions more.

The 2023 Virginia General Assembly tax debate is just another revival of an old political show. Last year it ended well for new Governor Glenn Youngkin (R) and for those hoping to pay less in state taxes.  This year is not guaranteed to see the same outcome, not unless there is a late push to engage public attention as the House and Senate seek compromise.

The long list of tax cuts which passed the House should also be whittled down to the essentials, which might make it easier to build that public support.

It is a long list of proposals, perhaps too long. The Senate killed a proposed increase in the standard deduction, a reduction of the corporate income tax rate from 6 to 5 percent, a reduction in the top personal income tax rate from 5.75 to 5.5 percent, and a state version of a popular business deduction available at the federal level.

The Senate even rejected (so far) a highly popular proposal to expand a major tax break for military retirees.  Last year bipartisan majorities in both houses supported creating the big tax subtraction but allowed it only for those age 55 or older.  The House has now voted to eliminate the minimum age, but the Senate didn’t even have a bill on that issue.

What of all that is essential?  The most important tax measure the 2023 General Assembly should pass is not even under consideration.  The recent spate of serious inflation has provided the best opportunity in 50 years to index Virginia’s tax code.  The tax brackets, subtractions and deductions should all be adjusted for inflation and then set to rise gradually with future inflation.

The Thomas Jefferson Institute inserted a single question on the issue in a recent Mason-Dixon Polling and Strategy survey, and the idea was universally applauded by Democrats, Republicans and Independents.  Support was strongest among Democrats (70 percent).  Everybody grasps the impact of inflation now, even the younger folks who missed the last wave in the 1970s.

But Youngkin didn’t propose it, and probably the most comprehensive bill on the topic was introduced by a House Democrat.  It never came up for a vote, not even in committee. Unless indexing reappears out of the budget talks, inflation will continue to produce revenue windfalls for government and higher taxes for people.

In the absence of indexing, Youngkin’s effort to add another $2,000 to a couple’s standard deduction becomes the highest priority in his package.  The other high priority item the Assembly really should adopt in any compromise is the qualified business income deduction, only of benefit to businesses which are not incorporated.

Little has been done to promote the package beyond talking points on Virginia’s anemic economic performance and population loss, the premise being that lower corporate and individual tax burdens will turn things around.  Go to the public website for the Virginia Chamber of Commerce and look up its legislative priority list and you find a vague endorsement of “tax reform to better position the Commonwealth for economic growth and investment” with no mention of the corporate rate cut or qualified business income deduction.

From the outset, the only way to sell a major corporate income tax reduction was a compelling argument it would improve economic outcomes coupled with a strong show of support from the business community.  The window is closing on that.  There might be value in trimming the top rate from 6 to 5.75 or even 5.5 percent just so Virginia’s economic marketers could advertise a rate “less than 6 percent.”

There may also be value in arguing that the top rate for corporations should mirror the top rate for individuals. So much business activity now is in non-incorporated entities.  Gig workers and many small businesses are taxed under the individual tax rules.  That is why the other high priority item is the qualified business income deduction based on a similar federal provision.

The qualified business income deduction at the federal level was created in the 2017 Tax Cuts and Jobs Act to level the playing field between incorporated and unincorporated businesses. At the federal level it creates an additional deduction equal to 20 percent of the business net income and Youngkin’s proposal would grant a 10 percent deduction on the state return.

Only businesses organized as sole proprietorships, S-corporations or partnerships (and some trusts) can claim it.  While many of these are small, it can include large companies.  But they are large companies not organized as C-corporations.

As the fiscal impact statement on the bill reports, only Iowa, Colorado, Idaho and North Dakota also recognize the qualified business income deduction for state taxes.  If competitive positioning is your goal, Virginia should make every effort to adopt this pro-business provision that is not recognized in most direct competitor states that also have income taxes. For once, let’s lead.

Again, that argument has not been pushed in any public messaging, either from political leaders or from the various business groups that might benefit.  If squeaky wheels get grease, silent wheels just rotate around the shaft.

First published this morning by the Thomas Jefferson Institute for Public Policy.


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12 responses to “Focus on the Standard Deduction, QBI Deduction”

  1. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    Nice summary, as usual. I like this statement of yours:
    “Everybody grasps the impact of inflation now, even the younger folks who missed the last wave in the 1970s.” Well, obviously not everybody. The tax “experts” on Youngkin’s team did not seem to grasp it. Instead, they chose to go for the showy reductions in the rates, thereby making Virginia’s income tax even less progressive.

    Speaking of progressive taxation, one has to feel sorry for those analysts at JLARC. They spent two years studying how to make the income tax more progressive and came up with several proposals, only to see them die a quiet death in the House. Sen. Janet Howell, who spent all last year urging folks to wait until that study was done, did not deign to introduce a bill incorporating any of the recommendations.

    I heard recently that the assumption among staff around the Capitol is that we are due for another adjournment without a budget. Because this is a mid-biennial budget, the legislature does not have to pass an amended budget bill. If none is passed by June 30, the 2022 Appropriation Act, which does not expire until June 30, 2024, would remain in effect with appropriations for FY 2024. That would send Youngkin’s inexperienced team (except for the DPB diretor) scrambling. There is precedent–the 2001 Session.

    1. Stephen Haner Avatar
      Stephen Haner

      The JLARC report didn’t teach me anything I didn’t know about “progressivity” decades ago. Just added some good $$ estimates. I’ve been pushing standard deduction increases and indexing since Baliles was governor, both very “progressive.” Howell has little interest in tax policy, only in spending.

    2. Nancy Naive Avatar
      Nancy Naive

      “Instead, they chose to go for the showy reductions in the rates, thereby making Virginia’s income tax even less progressive.”

      Uh, that was the plan. If you want a bipartisan agreement on ANYTHING in this State, the Democrats have to scrub the word “progressive” from any proposed legislation. Just find another word altogether.

      1. Inclining?

        1. Nancy Naive Avatar
          Nancy Naive

          Upwardly inclining. I like it!

  2. AlH - Deckplates Avatar
    AlH – Deckplates

    One of the most important moves we can make for the state, economically, is to reduce taxes. Reductions to what the state takes, from individuals and from businesses, will result in a benefit to all Virginia residents. Moreover, a tax reduction, will in the near-term & in the long-term, increase state revenue due to the positive externalities of smart tax reduction. Lower taxes correlate to growing the GDP.

    At this time, I see both parties as either gaming these tax reductions or trying stalwart them, in an effort to do what? Party politics or some other deviation from doing their job? I believe we need to get off the dime, with both parties performing the bidding of the voters – reduce todays taxes and put into law future revisions to deal with inflation. Lest we forget; the vast majority of taxpayers want to have less taken from them.

    CPI has measured the average annual inflation rate at 2.86%. That is from 1926 – 2020. So, IF the state tax brackets are not tied to the CPI, to annually adjust for inflation, then the state automatically imposes another annual 2.86% increase in taxes – To ALL taxpayers.

  3. DJRippert Avatar

    What’s new in Virginia?

    The writing is on the wall from the SOTU speech last night. The Dems have gone full blown socialist. “Free” this, “free” that. At one point last night I thought I heard Biden cackling about cell phone switching fees. Good to hear that the Dems are focused on what is important. Then, he complained about pharma costs before admitting that the pharma industry saved everybody’s bacon with the Covid vaccine. He apparently wants “free” insulin but lots of very expensive R&D. Not sure how that works.

    It seems that the Dems want to turn America into Mexico or Brazil. The only people with any money will be the anointed elite. The Bidens, the Obamas, the Clintons, the Bushes. Even crack heads like Hunter Biden are allowed to be rich … working for Burisma. He has no legal training in Ukrainian law, doesn’t speak Ukrainian but … he’s the president’s son so he is automatically a member of the elite and entitled to make millions per year. Everybody else should pay more and more in taxes to pay for head start, “free” college, Medicaid for all.

    Even Bernie Sanders, an avowed socialist, is a multi-millionaire.

  4. Nancy Naive Avatar
    Nancy Naive

    Hmmm, key brackets and deductions to inflation, e.g., the dollar value? Wait, effectively we only have one bracket. It starts at something like $17K. How about more brackets and then tie to inflation?

    https://www.youtube.com/watch?v=HVvGEBDioHg

    BTW, psychologically speaking, if you want people to feel good about their income and their taxes, reduce the tax tables to, oh say, $50K. Having to use the formula is a mark of distinction.

    1. Stephen Haner Avatar
      Stephen Haner

      That was also in the Vivian Watt’s bill. Me, I could be talked into a new bracket starting at about $50K or $75K, but then I don’t have to run for election in Northern Virginia!! 🙂

      Now I’m thinking about Paris in July…thanks!

  5. Nancy Naive Avatar
    Nancy Naive

    There are a dozen, or so, Federal tax “fixes” I would suggest just from having filled out oddball forms, and because of the ACA, AMT, Foreign Tax Credit, etc. Medical deductions and the Advance Premiums should be combined on one form. They’re supposed to dovetail. Get rid of charity deductions altogether. ETC., ETC.

    But Virginia has one really, really big screwup. Virginia should tax all retirement contributions, and not tax the withdrawals.

    The Fed can offer tax deferrals because, you’re either going to retire in the US, or at least have to pay Federal income Tax on the withdrawals. Moving your 401(k) to, oh say, France isn’t possible.

    But I can work my entire life in Virginia getting that sweet 5.75% deferral and then retire to some other State that doesn’t tax retirement income or any income at all. Virginia’s loss is Florida’s gain.

    1. What the heck, man? Are you trying to ruin my retirement plans?

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