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Wednesday, Sep 14, 2005
Opinion
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Posted on Tue, Sep. 13, 2005

Constitutional tax changes should be last option, not first


EVEN AS THEY were urged to keep all options on the table, it seemed to be a foregone conclusion that the House panel that started work last week on a plan to reduce property taxes would recommend changing the state constitution.

It shouldn’t be.

While it might turn out that some constitutional tweaks are needed to deal with the problem that rising property taxes cause some homeowners, the changes being talked about by both House leaders and senators undertaking a similar task are irresponsible.

The most popular ideas are limiting how much a home’s taxable value can be increased by reassessment, eliminating reassessment altogether and capping property tax rates. Slightly less popular, but even more alarming, is eliminating property taxes altogether.

Limiting or eliminating reassessment shifts the tax burden to people whose property values are not increasing rapidly: When you lower property taxes for one group, you have to raise them for everybody else, unless you want to starve essential local services. Beyond the practical is the philosophical problem: Allowing some homes to be taxed at less than their actual value undermines the extremely sound idea that property — toward which local government services are geared — should be taxed based on its value.

Arbitrary caps on tax rates, imposed by the Legislature or even by the public through a constitutional referendum, do something even more destructive: They disenfranchise voters, by allowing folks in, say, Greenville, to tell folks in Lexington how much they can spend to run their county or their town. If you’re going to do that, you might as well just abolish local governments and have the Legislature run the police and fire departments, handle garbage collection and zoning decisions and other local tasks that affect our daily lives.

Of course, eliminating the property tax altogether would likely have the same effect, because it’s almost certain that the Legislature would replace the property tax with a sales tax, and it’s hard to believe that the Legislature would let local governments have much discretion about how high to set the sales tax.

Frankly, local governments shouldn’t have much discretion when it comes to sales tax rates. It’s better for the economy for those to be relatively uniform; it’s also better that they not be too high relative to other states. But they would have to be too high in order to replace property taxes. And the rate would have to be continually increased, because changes in U.S. spending habits mean we’re spending a smaller and smaller percentage of our income on taxable goods every year.

Fortunately, it’s difficult to amend the constitution. And there are rational and well-thought-out ways to address the problem, from adopting “circuit breakers” that give tax credits to the poor (as we already do for the elderly) to closing sales tax loopholes and taxing more services as part of a plan to have the state take more responsibility for school funding. Solutions along those lines take more work to develop, and they generate more opposition from the politically powerful. But they also can form the basis of a real solution — one that does more good than harm. They’re the type of things legislators should be looking at, rather than the quick non-fix of radical constitutional changes.


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