End Oregon’s Rob-Peter-to-Pay-Paul Funding Schemes

Chuck Sheketoff

When lawmakers conceive of a new or expanded public program, they typically provide details to the budget-writing Joint Ways and Means Committee, who determine its cost. If they deem the program a priority, Ways and Means finds the money in the budget to pay for it, cuts a lower-priority program or works with the revenue committees to generate new funds.

Whether or not you agree with the outcome, the straightforward process reveals the choices made about funding priorities and places limits on program costs. In subsequent sessions, the legislature reevaluates the program and decides how much money it deserves.

But recently, proponents of new programs started pitching a new form of tax credit-financed schemes that sidestep the normal budget prioritization and accountability process. These schemes pay for public programs by handing tax breaks to those who opt to fund them. Their donations go to special state accounts and contributors get reimbursed through a tax credit.

If structured properly, tax credits can be an efficient mechanism for achieving important public policy goals. For example, they can effectively target help to low-income working families with children. But the new breed of tax-credits-for-donations scheme is a different animal.

These misguided schemes portray government as a menu of services from which individuals can choose which to fund. That mentality undermines public understanding that public structures are in place to support the common good — the idea that “we’re all in this together” — and exacerbates the distrust of government that has poisoned politics for too long.

Making matters worse, tax-credit-for-donations schemes in effect rob Peter to pay Paul. And in this case, Peter is our schools, health care and public safety. That’s because the money to pay for the tax credits must come from somewhere, and that somewhere is the General Fund, which by and large finances all the key public services that Oregonians rely upon each day.

One example of a rob-Peter-to-pay-Paul scheme is House Bill 2180. The bill would fund the development of community-scale renewable energy resource projects. The money would come from contributions to an account separate from the General Fund. Contributors, however, would get a dollar-for-dollar tax credit from the General Fund.

Because the bill sets no limit on the total number of contributors, there’s no telling how big a hit the General Fund will take. Thus, as if Oregon’s present budget crisis weren’t bad enough, House Bill 2180 would set up a fiscal sinkhole that could easily grow beyond the expectations of its proponents and place even greater pressure on schools and other key public services.

There’s no disputing that expanding renewable energy projects at the community level is a worthy goal, but should it take precedence over keeping school class size manageable or schools open for a full year? Is it more important than ensuring that foster kids are protected, that our seniors receive adequate care or that working families have access to child care?

Maybe, maybe not. But the choices about priorities should be clear and the full costs known up front. If the renewable energy project program is important enough to establish, it should compete for General Fund dollars with other important programs before the Ways and Means Committee. If there isn’t enough money to pay for it, the legislature can eliminate funding for lower-priority programs or raise taxes.

Doing away with reckless and unaccountable funding schemes in the tax code was a good idea even before Oregon’s fiscal crisis exploded, but now it’s imperative. All spending programs — in the budget and in the tax code — must undergo rigorous and regular review and have reasonably predictable costs. Tax-credit-for-donations funding schemes like HB 2180 fail on all those grounds.

It’s time that the legislature forces the Pauls of our budgetary world — the tax credit-financed special donation programs — to stop using the tax code and instead make their case against other spending priorities, so that Peter is robbed no more.

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    Hmmmm... this is one of those ideas that sounds great in the abstract - and if there's only one of them.

    Getting a chance to dedicate $250 of my tax dollars exclusively to renewable energy? Great!

    But once this strategy takes hold, there's no stopping it. We could easily wind up in a situation where a huge chunk of our state's finances are locked in to particular programs.

    Even if there were opportunities to direct tax dollars to the basics - like schools - all that does is eliminate the discretionary budgetary authority of the Legislature. Which could be a problem in normal times, and a disaster in a crisis.

  • Adipose Army of America (unverified)
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    I, too, think this will be like the immediate aftermath of 9/11, when we were going to have a war on money laundering. Sounded great until the bankers and investment guys showed up on Capitol Hill, to mention that pretty much any restrictions on money laundering, would shut them down. As the current fiscal crisis shows, we will suborn those felonies, before, during and after they are shown to not be in our best interest.

    Sure this is a sane proposal. Anyone that studies the code before making a decision knows it doesn't support sound business models, and should. Like those Senate hearings, I think the fly in the ointment is that the flakey way of doing things is pretty much the only way things get done.

  • Kurt Chapman (unverified)
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    Chuck, this is an excellent post. I could not agree more that any new government program should be subject to review and certification of reasonable costs. At best they should be self-sustaining, at worst revenue/cost nuetral.

    Chuck, could you give us a list of current state programs funded in this manner and how they are doing financially?

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    Chuck, you are right. Sound thinking. No open-ended paths around the budgeting process.

  • George Anonymuncule Seldes (unverified)
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    You're getting close but stop short. Why not implement the more fundamental reform: the idea that a Legislature should not pass tax/economic policies that work in opposition to other tax/economic policies?

    The bottom line is that we drive the economy like a kid who spins the wheels on the family car by jamming his feet onto the accelerator and brake at the same time: we claim to want jobs, savings, and investments, and we spend public money to (supposedly) promote those things, and then we tax the crap out of jobs, savings, and investments. Much of what the Legislature does in attempting to operate in the tax and economic realm is wasted because it simply gets swallowed up in the larger context of a tax system that creates exactly the opposite results to those desired.

    Legislators and administrations love to spend time tinkering around the margins with these tax credit schemes for the reasons you point out but, even more fundamentally, because they give the political folks the power to create grateful constituencies using public dollars to win private favor from the favored group.

    See this Gristmill article for just the latest example of how this all works in the "green fuels" area (with good links to substantiate the arguments):

    http://gristmill.grist.org/story/2009/3/20/112129/344

    The political class in Oregon fell in love with "biofuels" and decided that, rather than think through a consistent and coherent policy on transportation, land use, and greenhouse gases, it was just a hell of a lot easier to raid the general fund to subsidize corporate agribusiness with tax credits for "green" fuels, and to pay for busyness (gallons) rather than actual renewable energy or greenhouse gas reductions (which would have killed the program). So now, instead of progress towards a greener future, we have a powerful constituency that enjoys favored tax status operating on top of the fundamentally unsustainable oil-driven system that is slowly but surely bankrupting the state.

    And to the rescue comes the idea that we'll keep pouring more roads and building monstrous megabridges (spending to induce and reward driving) and then, at the same time, start taxing people by the mile driven (for responding to the incentives we create, in other words) and start dealing with greenhouse gases um, .... somehow ....

    Democrats are just as bad as Republicans in this arena. Neither group wants to reduce their ability to reward their friends and create grateful beneficiaries of their largess -- they just have different groups of friends.

  • LT (unverified)
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    "But recently, proponents of new programs started pitching a new form of tax credit-financed schemes that sidestep the normal budget prioritization and accountability process. These schemes pay for public programs by handing tax breaks to those who opt to fund them. Their donations go to special state accounts and contributors get reimbursed through a tax credit.

    If structured properly, tax credits can be an efficient mechanism for achieving important public policy goals. For example, they can effectively target help to low-income working families with children. But the new breed of tax-credits-for-donations scheme is a different animal."

    How does this intersect with the various efforts to review/ sunset all tax expenditures because there are so many of them these days?

  • noel (unverified)
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    Robbing Peter to Pay Paul, is the corner stone of Progressive Democrat politics!

    You continuously raise taxes and fees on Peter, then re-distribute this money to Paul, effectively buying power and votes. Few, if any, tax hikes or fees are opposed by Progressives - it's all about wealth redistribution, government control and oversight.

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    George Anonymuncule Seldes: ...and then we tax the crap out of jobs, savings, and investments

    Oregon is a low tax state in a low tax nation. If our taxes were any lower, we'd be a third-world nation. Mexico, for instance, has much lower taxes than we do, but businesses aren't competitive there because of the corresponding lack of public infrastructure.

    So, for all those adopting GOP talking points, I say this: You want lower taxes? Move to Mogadishu. If not, don't complain that in government, as with just about everything else, you get what you pay for.

    In fact, nearly all our present day economic problems can be traced directly to Republicans trying to turn us into a third world nation run by corrupt military contractors, corrupt financial hucksters, and corrupt ignorant party hacks driven to shred our social safety net. So you're the last people who should be lecturing anyone about economics.

  • George Anonymuncule Seldes (unverified)
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    @ Steve Maurer:

    http://urbantools.org/

    If you'd put down your talking points long enough to read the comment, you'd see that I didn't say boo about the level of taxation; my objection is to taxing the wrong things (the things we claim to want the economy to have more of) while we fail to tax the things we want to discourage.

    This puts us one a gerbil wheel of taxing and spending at cross-purposes: we spend money to try to undo the effects of our unwise tax policies, which requires more tax revenue, which ends up with a race where we're spending money to undo the effects of our other spending.

    http://urbantools.org/

    The way to break the cycle is to stop taxing economic goods -- jobs (wages), savings, and investments -- and start taxing economic bads (pollution, use of nonrenewable resources) and land, which is the only factor of wealth that is not diminished or discouraged by a tax.

    Further, unlike a building or a painting or a piece of software, the person owning land did nothing to create it; instead, society's laws simply give this person -- the "owner" -- the exclusive right to profit from the value of the land, most of which is actually created by others, including government. (That is, the reason an acre in downtown Portland is worth so much more than an acre in the middle of nowhere has to do with the proximity and value to all those other people).

    The original post proposes tinkering around the edges of a fundamentally unsound system that the rich have succeeded in making totally invisible (and, therefore, unchallengeable).

    The average American is constantly told that they need to think in terms of a "three-legged stool" of taxation (income, sales, and property) to fund the activities of government. The rich are glad to have people constantly fighting over the question of how much we should tax income or what the sales tax should be, because that means that people never ask why we're taxing income and sales at all, when so many of our programs are supposedly aimed at giving people the means to earn an income and to promote economic transactions (sales).

    It's true that a properly designed tax system that didn't work against our other spending would probably result in lower overall tax rates, because it is expensive to spend money to pour gasoline on the fire you're trying to put out at the same time. But that's not the point. The analogy that best describes the issue is this: put a 200 lb. weight on the back of a horse and the horse carries it easily; tie that same weight to the horse's leg and the horse is unable to move.

    That's our tax system: a weight in the wrong place.

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    Well George, while I agree with you that our tax system could be designed better, when you state that "Democrats are just as bad as Republicans in this arena", you really sound like many many Republicans I know, who, unable to defend their own, have decided to fall back on the naughty-toddler defense ("you're even worser!").

    And I really have to ask where you were these last eight years.

    Beyond that, I disagree with the assertion that "land ... is the only factor of wealth that is not diminished or discouraged by a tax". I assure you that I write a several thousand dollar property tax check on my home every single year.

    And I disagree with the assertion that somehow taxation would be significantly reduced if we only taxed the right sorts of things. I hear the same kind of echo from the "Flat Tax" kooks, though of course their numbers don't add up. The problem is, either a tax raises revenue or it doesn't. And if you reduce it one place, you have to increase it somewhere else.

    We need to increase the government's ability to spend right now. And while it's fine to talk about property taxes (even though the public hates them - which is why they keep voting for limits like Measure 5 and California's infamous Prop 13), the tax we really need at the moment is inflation - because it forces people to invest to keep their principal from shrinking.

  • Idler (unverified)
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    Most hilarious BlueOregon post title ever. Where is the progressive agenda without robbing Peter to pay Paul?

    It's only bad when one bureaucrat steals citizens' money from another!

  • George Anonymuncule Seldes (unverified)
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    @ Steve Maurer: "I disagree with the assertion that 'land ... is the only factor of wealth that is not diminished or discouraged by a tax.' I assure you that I write a several thousand dollar property tax check on my home every single year."

    And you have just as much land when you are done every year -- your holdings are not diminished at all.
    
    Taxing money changing hands (through wages and sales) and you get less money changing hands.  Tax land every year and there is exactly as much land to be taxed in the next year.
    
    You mention Prop 13 and other "property tax revolts" -- that's been my point all along.  The rich hate property taxes, particular land value taxes, with a passion because they are difficult to avoid and hard to finagle.  The suckers in California who voted for Prop 13 (and the people in Oregon who voted for Measure 5) were setting themselves up for the financial rollercoasters that we suffer from, where the states lurch from crisis to crisis, with each one leading to more lasting damage to services.  Meanwhile, the richer you are, the more you are enjoying the increases in property values that way outpace the amount that property taxes can rise.
    

    As for "the assertion that somehow taxation would be significantly reduced if we only taxed the right sorts of things," I didn't make that assertion. What I said was that an intelligently designed tax system "would probably result in lower overall tax rates" because we wouldn't have to fund things to undo the consequences of our tax system and we'd stop having to pay to maintain an intrusive labor intensive income tax.

    For example, assume we get rid of the income tax and replace it with a land-value tax plus a tax on energy use that is set according to the fuel mix (how much carbon or other wastes emitting, whether the fuel is renewable or not, etc.) Presto, you not only eliminate the dead-weight social cost of tax avoidance, auditing, etc. but you also push people to prefer nonpolluting and renewable energy; this reduces health expenditures. The fuel taxes flow through into the prices of consumer goods -- everybody (including people whose income is in illegal activities) pays the taxes in proportion to their consumption but with no administrative overhead.

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    Kurt - The Oregon Cultural Trust is the grand-daddy of this scheme. The Oregon Cultural Trust tax credit fully reimburses contributions to the trust up to $500 for individuals, $1,000 for couples. To get the reimbursement the taxpayer must also make a contribution to a qualified nonprofit, but the tax credit is based on the contribution to the Trust's special account.

    While the dollar amount per taxpayer is limited, the number of taxpayers that can participate in the scheme is not. Thus, the costs to the General Fund are unlimited.

    The 2007-09 Tax Expenditure Report (TER) said the tax credit would cost $3.7 million this biennium. The 2009-11 TER now says it is costing $4.9 million this biennium. The $1.2 million in additional costs is a 32 percent cost overrun...no on budget program could pull that off.

    The 2009-11 TER says the Cultural Trust tax credit is going to cost us an extra $600,000 next biennium over the cost this biennium.

    Perhaps it is just coincidental, but if you add those two increases together you get the $1.8 million of Cultural Trust money that the legislature used to balance this budget period's books. That's why I thought it was appropriate for the legislature to grab the money.

    While the Department of Revenue did not provide a distribution chart in the TER, if they supplied the data my guess is that the folks using the tax credit to be fully reimbursed for their contributions to the Trust are concentrated at the top of the income scale. They are people who are wealthy enough to have up to $500 in tax liability and the financial ability to send $500 to the Trust and $500 to a non-profit and wait for the $500 tax credit reimbursement (which comes in the form of less to pay come April 15).

    The tax credit for contributions to Individual Development Accounts is a cousin of the scheme. It is a very generous tax break -- a $75,000 tax credit or 75 percent of the amount donated, whichever is less (that means for donations up to $100,000 the taxpayer gets 75 percent back in lower tax payments). This scheme is capped as to the amount of contributions that can be made in any one year. The 2007 Legislature was told by the 2007-09 TER that the credit would cost $1.8 million this biennium. Now, the 2009-11 TER says it is costing $10.3 million this biennium and is expected to grow by about 30 percent to $13 million next biennium.

    <h2>LT asked whether this is related to putting sunsets on tax expenditures. Both of these tax credits, like most tax expenditures, have sunsets. That's good. Tax credits that don't have sunsets should have them added.</h2>

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