Rep. Jamie Van Fossen
The Week in Review
March 7, 2008                   Session Week 8
E-mail: jamie.van.fossen@legis.state.ia.us

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IT’S  B-A-A-A-A-CK-- $75 MILLION CORPORATE TAX INCREASE BACK ON THE TABLE!

After announcing two weeks ago that, “Two of Gov. Chet Culver's key proposals (the bottle tax and combined corporate reporting tax) were declared dead by Democrat legislative leaders.” [1]

Democrats in the House Ways & Means committee Wednesday introduced House Study Bill 715; the $75 million combined corporate tax increase. Resurrecting a bad idea and harming Iowa job creators.

This tax increase is being marketed as “closing a

tax loophole”, and is estimated to bring in more than $75 million in FY 2009. The estimated revenue is interesting because beginning in Fiscal

Year 2004, Governor Vilsack had recommended the same tax increase, but only used a $25 million figure in his budgets.

What is combined reporting?

Combined or unitary corporate income tax reporting requires a corporation with any reporting requirement in Iowa to combine all its subsidiaries that are deemed unitary and file an Iowa return based upon an apportioned allocation of tax liability to Iowa.

Current law

Iowa corporations use separate entity reporting, which allows the Iowa franchise or income tax to apply to each separate corporation doing business in the state. These separate entities must file separate tax returns reporting net income. Combined tax reporting requires that two or more

related entities engaged in businesses in and outside of Iowa calculate their tax burden as a single unit under the apportionment formula.

Combined reporting is a radical change in the way corporate income taxes are calculated.

Currently 16 states, including Illinois, Nebraska, Minnesota, Kansas, and North Dakota, require combined reporting for affiliated groups of corporations.

Other states have discretionary authority to require combined reports. Vermont instituted combined reporting for tax years beginning on or after January 1, 2007. Additionally, Vermont corporate income tax rates were lowered in an attempt to make the change revenue-neutral.

[1] Mason City Globe-Gazette, February 14, 2008.

 

ASSUMPTION GIRLS WIN STATE BASKETBALL TITLE

Davenport Assumption girl’s basketball team finished an un-defeated season with a historic first state basketball championship Friday February 29th at Wells Fargo Arena in Des Moines.

The Lady Knights finished a 27-0 season by beating northeast Iowa’s MFL-Mar-Mac 46-27 to claim the Class 2A Champ crown.

Congratulations to Coach Todd Borrison and the Assumption Lady Knights!

 

REVENUE CONTINUES TO EXCEED ESTIMATE IN FEBRUARY- NO NEED TO RAISE TAXES

On Monday, March 3, Fiscal Services released the monthly general fund revenue numbers memo through the end of February.  General fund revenue continues to exceed Revenue Estimating Conference (REC) estimates.

Through February, total general fund revenue increased by $430 million (11 percent) compared to actual FY 07.  All major revenue sources of the general fund increased compared to last fiscal year.

Personal income tax revenue continues to drive the revenue growth.  Through February, year-to-date income tax revenue increased by 9.9 percent, or $184 million compared to FY 07.  The REC estimate for income tax is 6.7 percent compared to FY 07.  Payments with returns increased by $22 million, or 62 percent which means that lowering the withholding tables forced more employees to pay in.

Sales and use tax receipts received in February totaled $265.1 million, an increase of $22.5 million (9.3 percent) compared to February 2007.  The February increase more than offset the sales and use tax drop experienced in January.  For the year, sales and use tax revenue grew by $65 million, or 4.9 percent. The REC estimate for FY 08 sales and use tax receipts is an increase of 2.8 percent compared to FY 07.

Corporate income tax revenue increased by $49 million, or 20.7 percent compared to FY 07.  The REC estimate is only an increase of 5.3 percent.  This means that corporate profits are still strong.

Other taxes were up by $100.6 million, or 48.9 percent compared to FY 07.  The REC estimate is for other taxes is an increase of 37.3 percent.  Cigarette and tobacco taxes continue to exceed the estimate, which means the majority party’s stated goal of using the tax to force people to quit smoking is simply not being attained.  We will be watching to see what the majority party does with the excess cigarette tax revenue.  It is all supposed to go to health care but likely will just be deposited in the general fund.

Other receipts were up $30.3 million, or 12.7 percent compared to FY 07.  The REC projects an increase of 1.7 percent compared to FY 07. Judicial revenue accounted for most of the increase, which is also interesting because the majority party has built in an increase of $18 million for enhanced collection of judicial revenue.  Since that enhancement already appears to be happening, most likely “enhancement” will change to an “increase” in judicial fees and fines.

Despite the unanticipated revenue growth, Legislative Democrats continue to hide their intentions on tax increases and spending priorities.  The REC estimates give the Governor and Legislative Democrats plenty of money to spend but despite that, Democrats chose last week to raise taxes on hometown Iowa businesses by failing to couple or mirror the federal tax changes in the federal stimulus package.

 

CONTROVERSIAL WORKERS’ COMPENSATION BILLS PASS LABOR COMMITTEE

On March 4th the House Labor Committee approved House File 743 on a 10-5 party-line vote.  HF 743 changes the use of scheduled injuries and allows for additional workers’ compensation payments for an injury resulting in reducing the employee’s earning capacity by a significant difference in pay.

House Study Bill 658 was passed by the  Committee.  This bill provides that if an employer or insurance carrier pays workers' compensation benefits on behalf of an employee, the employer or carrier must file notice of commencement of the payments with the workers' compensation commissioner.  Additionally, the bill penalizes a payer if the late payment of benefits results in a worker being denied medical care.

House Study Bill 653 was approved by a 10-5 party-line vote.  The majority of this bill deals with out of state workers’ compensation claims, but easily the most controversial portion of HSB 653 is the last section which allows the reopening of a settled award/agreement in workers’ compensation benefits. 

 

Thursday the Labor Committee passed House Study Bill 771.  House Study Bill 771 is the most controversial workers’ compensation bill of 2008 – this bill makes changes to the choice of a physician to treat an injured employee under workers' compensation.  This bill allows an employee to pre-designate a physician for medical treatment – an employer can only choose the physician for workers’ compensation treatment if the employee has not already pre-designated a doctor.

DAVENPORT CENTRAL BOYS FIGHT FOR THE 4A BASKETBALL TITLE

Davenport Central’s “Marshall Maniacs” invaded Wells Fargo Arena Wednesday night as the Blue Devil boys won their quarterfinal game against Waukee 60-45 to advance to today’s semi-final round against Cedar Rapids Kennedy.

I had the pleasure of watching my alma mater beat Waukee with Davenport Schools Superintendent  Julio Almanza, and school board members Richard Clewell,  Ralph Johanson, and Ken Krumwiede.

Good Luck to Central Blue Devils coach Craig Wurdinger and the boy’s basketball team in tonight’s game against CR Kennedy!

Ways & Means Update

 
 

 

Bills introduced in committee this week:

HSB 715- An Act requiring combined corporate tax returns for unitary businesses and including a retroactive applicability date provision.

Bills passed out of committee this week:  

No bills passed committee this week.

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(C) JamieVanFossen.com, 2008