Virginia is Facing a Citizen Revolt on Inflation-Driven Tax Increases

Virginia’s Capitol

by James C. Sherlock

Virginians must fund their local governments.

It is not wise to chip away at local government revenue without an integrated plan to ensure they are funded to carry out the things we need them to do.

However, two key ways in which we raise local revenue, property taxes and sales taxes, are both regressive and highly exposed to inflation.

Those are taxes that with high inflation, without any increase in rates, hit everyone. They hit the poor, persons on fixed incomes, the middle class and small businesses the hardest.

What to do? I believe that Sen. Emmett Hangar and others have it right. He suggests a joint subcommittee on taxation and a complete study so that next year the General Assembly can enact tax reforms.

Studies disappear into the ether, you say. I honestly don’t think this one would.

Virginians will have had way more than enough of inflation-driven tax increases by this time next year.

Inflation. The periods of highest inflation in the 20th century occurred during the years after the two World Wars and in the oil-shock of the 1970s. Most people living today have never experienced high inflation. Until now.

The annual inflation rate that used to be 2% is now 6 or 7 %, and rising.

Interest rates must rise to meet inflation or inflation will get worse. At the national level, the Fed has raised rates to nearly 20% to beat inflation. It worked. But what we did not have in the 1970’s is a national debt that we cannot pay if bond interest rates climb very much. So, at the federal level we have a hall of mirrors.

There is nothing Virginia government can do about that. But it must address the effects of inflation on state and local taxes.

Homeowners and businesses may be comforted by the rise in the value of their property. They will not be equally comforted by the rise in the assessed valuations of their homes, businesses and vehicles at fixed tax rates.

Sales taxes, while perhaps a necessary part of the revenue mix, are highly regressive. Low income people and those on fixed incomes are paying not only higher prices for necessities, but higher taxes on the bills for those necessities.

Property taxes, relying only on the value of real property, are also regressive.  Real property is a much higher percentage of wealth for the middle class and of the value of small businesses than is the case for large businesses and wealthier people.

Any valuation-based tax or fee is affected. Inflation can translate into open- ended tax increases without the consent of the governed.

I have seen this movie before. I lived in California in the ’70’s when steep increases in property values, as in Virginia today, resulted in taxes that drove people out of their homes.

California has very citizen-friendly constitutional initiative laws. The taxpayer revolt there was Proposition 13. Proposition 13 was enacted in 1978 as a change to the constitution by means of that initiative process. Opposed fiercely by governments and public unions at every level, it passed with a nearly 2-1 majority of the popular vote.

From Wikipedia:

The proposition decreased property taxes by assessing values at their 1976 value and restricted annual increases of assessed value to an inflation factor, not to exceed 2% per year. It prohibits reassessment of a new base year value except in cases of (a) change in ownership, or (b) completion of new construction. These rules apply equally to all real estate, residential and commercial—whether owned by individuals or corporations.

The other significant portion of the initiative is that it requires a two-thirds majority in both legislative houses for future increases of any state tax rates or amounts of revenue collected, including income tax rates. It also requires a two-thirds vote majority in local elections for local governments wishing to increase special taxes. (A “special tax” is a tax devoted specifically to a purpose: e.g. homelessness or road repair; money that does not go into a general fund.)

That constitutional provision has proven bulletproof, even in today’s dark blue California.

Virginia. I hope for a more fully considered approach here. I recommend a structured re-consideration of all of the ways state and local governments are funded.

Local governments in Virginia have control of real estate tax rates as a percentage of assessed valuation and of the assessments themselves, but not sales tax rates.

Local governments had the same options in California in the 1970’s, but were drawing up ever-expanding 5-year plans to spend the windfalls on things their bureaucracies and biggest businesses wanted to see done.

It has been my experience that city managers all have “unmet needs” for greatly expanded revenue.

I suggest Virginia voters would vote overwhelmingly for a cap of something like 3% on inflation-driven annual tax increases above which a vote of elected officials is required, not optional. That is the kind of thing a republic does.

Virginians might even pass Prop 13 by this time next year if it were to be presented as a constitutional amendment. That proposition was so popular in California because voters were not seeing any indication of action in their state and local governments.

I hope the Governor and General Assembly head that kind of sentiment off.

Tax overhaul will be a hard vote. Revision of the tax code will require real compromise. Most Virginians would like members of both parties to listen to the voices in their parties that will be most shrill in a tax debate. And then vote against them.

Regressive taxes raise a lot of money but as a consequence hit hardest those least able to pay. Progressive taxes drive some of society’s most productive and highest-taxpaying citizens away, as in New York and Connecticut and other blue states, lowering the revenue gains expected from raising their taxes.

The progressive left and the libertarian right must both be asked to consider that government must be funded to do what we have constituted it to do, not what some on either side may wish it to do or not do in the future.

Do it. Virginians want government funded, but we want how it is funded to be carefully reconsidered and revised to account for the nefarious effects of inflation.

And, respectfully, we would like comprehensive tax legislation on the floor in next year’s General Assembly.


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Comments

42 responses to “Virginia is Facing a Citizen Revolt on Inflation-Driven Tax Increases”

  1. Penrosian Avatar

    Why would we not expect the cost for government to provide the same level of service to also rise in an inflationary environment? The goods government needs to purchase & the wages it needs to pay are just as subject to inflation as what we common-folk and private businesses experience. This article seems to assume that government costs are somehow immune to inflationary pressure.

    1. Stephen Haner Avatar
      Stephen Haner

      Of course government is not immune to inflation. It just seems to be immune to the rational adjustments and decisions to spend less that real people have to make. The big dog eats first and never misses a meal.

    2. James C. Sherlock Avatar
      James C. Sherlock

      You are answering a question that was not posed. It is not axiomatic that when inflation rises 7%, the costs of government rise 7%. The issue is what types of taxes and fees we use to fund government. Some are far more linked to inflation than others.

      1. Penrosian Avatar

        Barring a presentation of evidence to the contrary (of which there is zero in this piece), it seems like a reasonable starting point to assume that when costs rise by 7% for everybody else, costs also rise by 7% for the government. So capping the amount the government can bring in via its primary form of taxation to only a 3% increase when costs rise 7% would naturally result in a reduction of services, which you explicitly claim to not want at the top of the piece.

        1. James C. Sherlock Avatar
          James C. Sherlock

          By far the biggest cost of government is personnel. Those costs don’t respond immediately to the costs of goods and services.

  2. tmtfairfax Avatar
    tmtfairfax

    The Country needs to crack down on nonprofits that don’t pay income taxes. If you are finding housing for Afghan refugees, providing surgery for kids with cleft palates, running a free preschool for poor kids, etc., you ought to be tax free. But if you pay someone (employee or contractor) to lobby, advocate or influence public opinion, your organization should pay federal and state income taxes. And if you set up a private foundation to steer your money, there should be a limit on the time your foundation can exist. Say 25 years. Then you liquidate and pay estate taxes.

    1. James C. Sherlock Avatar
      James C. Sherlock

      Good start. Enforcing existing rules for non-profits and reducing the types of organizations that qualify as tax exempt would bring in a gusher of money from thinly concealed tax scams.

  3. William O'Keefe Avatar
    William O’Keefe

    Tax Reform or Tax Overhaul is starting at the wrong place. It assumes that all current functions are needed, that funds are spent efficiently, and that distributional impacts are appropriate. I’d prefer to see a commission set up to address the questions of what should the state, as opposed to counties and cities do, and how they can be carried out cost-effectively.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      Isn’t that the responsibility of the General Assembly? After all, it meets annually to adopt and amend a biennial budget. The legislature also has JLARC which is an ongoing organization that reviews and evaluates the operations of state activities. Why do you think a commission would do any better?

      1. James C. Sherlock Avatar
        James C. Sherlock

        JLARC doesn’t have the staff to investigate everything.

      2. William O'Keefe Avatar
        William O’Keefe

        Unless the GA and Governor are in agreement no such effort will succeed. The Governor is responsible for the departments and he should start the review and reform effort. When was the last time there was a major restructuring?

  4. Stephen Haner Avatar
    Stephen Haner

    The movie I have seen for twenty years is legislators, Hanger included, punting serious efforts on tax reform with the false promise of some future “comprehensive study.” It never happens. It is a standard dodge. No, Captain, don’t fall for that nonsense.

    And as a former local commissioner of the revenue himself, Hanger is a constant voice complaining localities are mistreated by the legislature. Hilarious, as few have more influence now than he….He and I been sparring on this as friends for a looooong time. I’ve asked him “when” on that tax commission and gotten “soon” for a loooooong time.

    They could easily pass a bill now to index the code to inflation. The state has never had surpluses like these before, and never will again. As to the local governments, those are problems to be fixed with local elections. As the law now states, they must take an on the record vote every year on the real estate tax rate.

    Two years ago, with no such “study,” Hanger co-sponsored a bill greatly enhancing local taxing powers. The pandemic has prevented some of them from fully implementing the new taxes, that plus fear of the voters. At that point I knew he was not serious about a comprehensive approach because he used up half the chips for negotiation. No, Sherlock, you are being played.

    1. James C. Sherlock Avatar
      James C. Sherlock

      Thanks, Steve. I may have “fallen for the nonsense”, but I have also seen what happens when voters revolt over inflation-driven tax increases. It isn’t pretty.

      I’d like for the state before it acts to have studied and reported on all of the possible ways to raise state and local revenue, including the most regressive taxes that raise the most money but are also the most affected by inflation.

      It might prevent shooting from the hip.

      Local governments take a vote on property tax rates. And yes, we get to vote for the city council here in Virginia Beach. But some members, like some members of the General Assembly, get enormous campaign contributions to make sure favored contributors get what they want. And a lot of them benefit from city contracts and city-supported projects.

      I wrote this piece because I believe we need action at the state level to fundamentally reexamine the dependence of local governments on regressive taxes.

      I think it is “different this time” than when you last asked Sen. Hangar about it.

      The effects of high inflation on property and sales taxes will have the attention of next year’s General Assembly whether they are prepared to act or not.

      1. Stephen Haner Avatar
        Stephen Haner

        The real problem at the local level is the voters remain unaware. No news coverage, nobody stirring things up. If assessments rise 10%, the locality must publish what the tax rate would be to collect the same revenue, usually a healthy decline. They must vote affirmatively to go above that. A vote is also usually required on business property, machinery and tools rates, etc., even utility fees. Most folks remain blissfully ignorant.

        1. James C. Sherlock Avatar
          James C. Sherlock

          You are right. It is a matter of the degree of the rise. I think they will notice this year.

    2. James C. Sherlock Avatar
      James C. Sherlock

      Thanks, Steve. I may have “fallen for the nonsense”, but I have also seen what happens when voters revolt over inflation-driven tax increases. It isn’t pretty.

      I’d like for the state before it acts to have studied and reported on all of the possible ways to raise state and local revenue, including the most regressive taxes that raise the most money but are also the most affected by inflation.

      It might prevent shooting from the hip.

      Local governments take a vote on property tax rates. And yes, we get to vote for the city council here in Virginia Beach. But some members, like some members of the General Assembly, get enormous campaign contributions to make sure favored contributors get what they want. And a lot of them benefit from city contracts and city-supported projects.

      I wrote this piece because I believe we need action at the state level to fundamentally reexamine the dependence of local governments on regressive taxes.

      I think it is “different this time” than when you last asked Sen. Hangar about it.

      The effects of high inflation on property and sales taxes will have the attention of next year’s General Assembly whether they are prepared to act or not.

  5. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    Part of what you are proposing is already underway. The 2021 General Assembly directed JLARC to the state’s income tax system and report in 2023. The interim report can be found here: http://jlarc.virginia.gov/pdfs/presentations/2021_Income_Tax%20_Progressivity_Interim.pdf

    Of course, that does not address the other prong of taxation: local taxes. I agree with you that property and sales taxes are regressive. Part of the problem is embedded in the state constitution. It requires that all property be taxed and gives the authority to do so to localities. I have long advocated that localities be allowed to tax income. That would be more progressive and would diminish their dependence on the property tax. For ease of administration, localities could be allowed to “piggy-back” onto the state income tax administration. There would be the same system of AGI, standard deductions, credits, etc., but each locality could adopt its own tax rate on income, which would be added to an individual’s income tax return, collected by the state, and returned to the locality.

    1. James C. Sherlock Avatar
      James C. Sherlock

      That is my favored approach personally.

      Making local taxes and revenue flows more progressive by including income tax would lower simultaneously their exposure to inflation. It would make revenue more stable.

      And it would tax the money that people actually realize each year rather than trying to monetize for government use what they own but are in no position to monetize without incurring huge – taxes.

      1. Nancy Naive Avatar
        Nancy Naive

        So, here’s the deal. The state’s single biggest expense is, what, schools? So, institute a state income tax of, oh say, 2% on total compensation and other income, except retirement income, 1099R is income tax free.

        Then let the school districts impose their own income tax with rates set between, oh say, 1% and 1.25% based on job location. High expense districts like Fairfax would collect 1.25%, Wise, 1%. Now, the only problem you have is divvying up the money based on living and working location. If you live in a low school tax area, and work in a high tax district, your home district gets the 1% and where you work collects the excess.

        Schools done.

        Localities depend on a steady, inflation protected, revenue stream. The best source is land tax. So, institute a tax on the purchase price, with annual inflation adjustment. This obviates the annual “assessments”. When the property is sold, the locality collects a tax on the gain equal to the difference between the past taxes collected and the constant rate of gain. Risk of loss is borne by the owner but it ends the whole ‘guestimate’ on assessed value and wet-finger in the wind rate adjustment. If not one single piece of property were sold, the locality would collect the same amount as last year with inflation.

      2. Nancy Naive Avatar
        Nancy Naive

        So, here’s the deal. The state’s single biggest expense is, what, schools? So, institute a state income tax of, oh say, 2% on total compensation and other income, except retirement income, 1099R is income tax free.

        Then let the school districts impose their own income tax with rates set between, oh say, 1% and 1.25% based on job location. High expense districts like Fairfax would collect 1.25%, Wise, 1%. Now, the only problem you have is divvying up the money based on living and working location. If you live in a low school tax area, and work in a high tax district, your home district gets the 1% and where you work collects the excess.

        Schools done.

        Localities depend on a steady, inflation protected, revenue stream. The best source is land tax. So, institute a tax on the purchase price, with annual inflation adjustment. This obviates the annual “assessments”. When the property is sold, the locality collects a tax on the gain equal to the difference between the past taxes collected and the constant rate of gain. Risk of loss is borne by the owner but it ends the whole ‘guestimate’ on assessed value and wet-finger in the wind rate adjustment. If not one single piece of property were sold, the locality would collect the same amount as last year with inflation.

        1. James C. Sherlock Avatar
          James C. Sherlock

          I don’t know if the numbers you have proffered are the right ones, but I find your comments a useful contribution to the discussion. My comments:

          Sales taxes. I don’t want to eliminate sales taxes entirely; just reduce them. Sales taxes usefully can be part of the mix, but just not as big a part as they are now.

          A unique advantage of sales taxes to pay for infrastructure investments is that they can be targeted where the investments, meaning there is a return on investment, take place.
          – For example, Virginia Beach spends very large sums of public money to build and maintain our tourist infrastructure. We recover most of that from the tourists with sales taxes on rooms and meals. So does Williamsburg.
          – In another major example, we pay an extra penny or something in our sales taxes in Hampton Roads to pay for the new tunnel. – In yet another, a huge boom sales taxes caused by the economic velocity of the $21 billion (65% federal) spent for the flood defenses of Southeastern Louisiana paid for Louisiana’s portion of the investment. A lot of that money was spent in Southeastern Louisiana by people who came to that area specifically to work on the project.

          I would leave the taxing authority with the city or county government, not the school divisions. School board members typically don’t have the backgrounds to be taxing authorities and the last thing we want is two local taxing authorities. And yes, I know other states do it. I just don’t think Virginians are ready to give taxing authority to school boards. I am not.

          We would have to re-evaluate who pays income taxes. We may or may not need to lower the income above which everyone pays something in order to ensure that nearly everyone is a stakeholder.

          I would buy in to the land tax to replace the property taxes, but not the tax on additional gain when the “property” is sold. Who would sort out what part of the gain is for the land and what part is for improvements on the land, like a house?

          Finally, centering income and land taxes to pay for local government may work to raise revenue for individuals and those filing their business income with their personal returns but not as well for large businesses.

          I am for altering the tax mix. But for any of that, we would have to conduct an organized and professional assessment to see what combinations of policies will work and then have our elected representatives choose.

          This is just you and me chatting. I honestly don’t think the GA has major tax overhaul in them absent a taxpayers revolt. This article is a prediction that the government may face one. We’ll see.

          1. Nancy Naive Avatar
            Nancy Naive

            Schools don’t collect the taxes, the localities in the districts do that. They get the money. They don’t get to set the rates. That’s done by the State in conjunction with the locality.

            I’d never eliminate a sales (room) tax. That’s the whole bit; user pays, and the closer to the user the better.

            Once you decide what tax and how, everthing else is spreadsheet $#!^.

            Obviously, excess burden has to be relieved and spread. A $100/day room tax will kill the industry, so some of the total RE tax goes to tourism.

          2. Matt Adams Avatar
            Matt Adams

            The problem with PA’s school district taxes is they use 3rd parties to collect them and most of that money goes to those quasi “debt collectors”. Which happen to like to harass and threaten people.

          3. Nancy Naive Avatar
            Nancy Naive

            I’ve no up close and personal experience with PA, just the idea. Guys in my company who live there say that it’s 100% withholding based for them and the tax form is literally a formality.

            As to privatized collection: Bad implementation of a good concept. Not a stranger to an engineer. I’m sure you see such daily.

          4. Matt Adams Avatar
            Matt Adams

            As a former resident of PA, the school district tax isn’t direct collected. They send you a notice and you pay in December. They also don’t have a single entity across the state, depends on your local who collects that tax. The only thing that will save you is keeping all your records for well beyond what the IRS expects.

            Yes, yes I am.

          5. Nancy Naive Avatar
            Nancy Naive

            Didn’t mean you personally, but if you’ve ever looked at a broken part and ever said something akin to “Plastic?! Sheesh, but for a metal fastner…”.

          6. Nancy Naive Avatar
            Nancy Naive

            Wait! Better example. You didn’t just type that “Yes, yes I am” on a Windows machine, did you?

          7. Matt Adams Avatar
            Matt Adams

            Android.

          8. Matt Adams Avatar
            Matt Adams

            The problem with PA’s school district taxes is they use 3rd parties to collect them and most of that money goes to those quasi “debt collectors”. Which happen to like to harass and threaten people.

    2. Nancy Naive Avatar
      Nancy Naive

      The Pennsylvania model. Oh wait, no. PA taxes everything we do, e.g., real estate, sales, etc., plus the school districts tax income directly (1% to 1.25% total compensation).

      But, they’re smart enough to tax all income, even deferred compensation, which they then don’t tax when taken. That way, when you retire and move to Florida for the weather, they got theirs and it’s only the weather for which you’re moving.

      I know I’ve said it before, but taxing a depreciating asset makes no sense, e.g., cars, boats, trailers, etc., and the Real Estate tax should be constant with a gains tax on sale. This removes the constant assessment need, and the fairy tale aspect of taxing estimated value.

      Wait ’til you hear my idea on road tax. If you own a vehicle in Virginia, it must undergo a safety inspection at which time the odometer reading is taken, or you can provide it at registration. Tax is based on miles driven at gross weight. So, for example, a 9000 lb hummer driven 100 miles pays the same tax as a 3000 lb EV driven 300 miles.

      Now the fun part. We still collect fuel tax but Va vehicles receive a tax rebate based on miles driven and CAFE estimated combined city/highway MPG. This way we collect money from the out-of-state vehicles.

      BTW, the rebate keeps the odometer readings honest. If you provide a low reading to escape the weight-milage tax, you get less of a rebate on fuel tax.

      1. So, a 450 lb motorcycle could go 2,000 miles for the same tax as a 9000lb Hummer drives 100.

        That might work. As long as all vestiges of road taxes are removed from our income tax structure.

        CAFE standards do not apply to motorcycles, so for tax rebate purposes would we might need to assign them to more generalized mileage categories based on engine size. For instance, 50-500cc=70 mpg; 501-1000=60 mpg, greater than 1000=50 mpg, or whatever is appropriate based on research.

        1. Nancy Naive Avatar
          Nancy Naive

          Or, you could have a zero damge tax for vehicles less than 1000lb.

          The idea is to collect the repair portion of the necessary tax from as close to the source as possible, weight by mile. It would have to spread it somewhat because at equal charge, no one could afford a dump truck.

          But yes, a motorcycle could be priced to just receive a fuel tax rebate.

          1. No, that’s okay. While such an exemption would benefit me greatly, I am not trying to avoid paying my fair share.

            Now, if it turned out that the administrative costs of assessing and collecting a road-damage tax from the owners of motorcycles, scooters, etc., was greater than the revenue collected, that would be a different story. Then there would be a legitimate, revenue-based reason for exempting them.

      2. James C. Sherlock Avatar
        James C. Sherlock

        You did not consider that road damage is not a linear function of weight per axel, The damage is represented by a curve sloping sharply upward as weight increases.

        1. Nancy Naive Avatar
          Nancy Naive

          Okay, that was an example; let’s model, test, and curve fit! Or, just use the data that the Federal DoT already has.

      3. James C. Sherlock Avatar
        James C. Sherlock

        Virginia should just hire us to rewrite the tax code, what could go wrong?

        1. Nancy Naive Avatar
          Nancy Naive

          I doubt that we could do worse, Captain. There’s an off chance that we could even succeed.

  6. Nancy Naive Avatar
    Nancy Naive

    Please, NO REPUBLICAN tax reform. Last time they did that I went from a 1040, Sched-B & D to a 1040, Sched-1, 2, 3, B & D, and it cost me an extra stamp.

    When they said “reform” I didn’t imagine they just meant rearranging the deck chairs.

    That’s the differenc, I suppose, between “reform” and “re-form”.

  7. energyNOW_Fan Avatar
    energyNOW_Fan

    The other thing happening is the computer chip shortage driving used car costs out the roof, and car taxes. The car taxes are preventing Virginians from buying newer, cleaner cars they really want to own. Virginia really needs to ditch that system somehow.

    And car taxes in NoVA, for example, Alexandria is a super-tax. 5.33% annual tax your Car versus 1.13% on your House. In other words, a Tesla Model S equals a $500,000 house in the crazy tax system.

    Which starts to explain why we don’t see too many Tesla Model S’s, and if you do see one, it is probably owned by a business entity to qualify for business tax breaks on trucks (heavy vehicles).

    1. how_it_works Avatar
      how_it_works

      The car taxes are how Virginia gets on the list of states with the lowest real estate tax rates. Well, that and the high housing costs.

  8. Paul Sweet Avatar
    Paul Sweet

    Property tax rates should be able to be adjusted for population growth (or decrease) as well as inflation. A government can’t serve more people and pay more for salaries and other expenses if they can only get the same amount of money they spent the previous year.

  9. Kevin W. Holt Avatar
    Kevin W. Holt

    The photo is of the Maison Carre in France. Jefferson’s inspiration for the Capitol.

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