YOU CAN UNDERSTAND Ed Robinson’s frustration. Our state’s sales
tax is riddled with 61 separate loopholes — just about every kind of
service you can think of goes untaxed. And yet his profession — dry
cleaning — has to charge its customers a sales tax.
Last week’s ruling by the state Supreme Court, upholding the
General Assembly’s right to create a swiss cheese tax code, ends Mr.
Robinson’s quest to have the courts grant him an exemption that
lawmakers have refused to grant. But it doesn’t, or at least it
shouldn’t, put the topic to rest. Rather, this case serves as yet
another reminder of just incoherent our tax code is.
The problems run throughout our entire tax system, which has been
amended in bits and pieces with special exemptions and exclusions
and credits designed to mollify whatever interest was screaming
loudest at the moment. Nowhere are these problems more apparent,
though, than in the sales tax law:
We tax wheelchairs and eyeglasses but not prosthetic devices and
hearing aids, aspirin but not prescription pain-relievers, Prilosec
but not Nexium.
Retail and service businesses pay a tax on their electricity, but
homeowners and most manufacturers don’t.
We tax clothing you wear to work or school or anywhere else,
unless you happen to work in a “clean room environment,” in which
case there’s no tax.
Free clinics have to pay a sales tax on cars and other personal
property, but hospitals whose mission is providing free care just to
children don’t have to.
We tax hotel rooms but not vacation time-shares.
We tax paving materials if they’re used here but not if they’re
purchased here and used in other states.
We tax cell phone service and intrastate long distance, but we
don’t tax interstate long distance or toll charges between telephone
exchanges.
We tax baby-sitting services but not diaper services, health club
memberships but not dance lessons.
We tax $6,000 clunkers at 5 percent, but tax $60,000 luxury cars
at one half of 1 percent.
Even in finding the tax code constitutional, the justices agreed
that Mr. Robinson “may be correct in noting such exemptions belie a
misunderstanding of economics, and are therefore unwise in an
economic sense.” Chief Justice Jean Toal, in a dissent, went
further, arguing that while the state “attempted to pigeonhole 33 of
the exemptions into six neat categories for tax classification
purposes ... the whimsical nature of the other 28 exemptions renders
this legislation arbitrary and capricious.”
The constitutionality of the system is now settled law. The
justification for it is not settled. The rationality of it is not
settled. Nor can they be, because the system is neither justifiable
nor rational. A tax code shouldn’t be based on who can hire the best
lobbyist or scare the most legislators. It should be based on such
principles as spreading the tax burden widely and thinly,
concentrating on the taxes the public considers most fair and least
objectionable, and balancing various taxes so changes in the economy
don’t cause drastic increases or decreases in collections. It should
be stingy with exemptions, granting them only as needed to encourage
the types of behaviors we mean to encourage.
Our tax code was not built that way, nor does it reflect those
priorities. Indeed, our tax system is so far from that ideal that
the only way we can achieve it is to scrap the entire thing and
build a new one from
scratch.