Category Archives: City Earnings Tax

Earnings tax data shows “dampening effect”

Ducks and Economics is a really great blog if you haven’t wandered across it in your (tireless, I’m sure) search for economic analysis of the taxes we pay in Missouri.

Today the blog takes up the earnings tax debate in Missouri by looking at data from MSAs (Metro Statistical Areas) that levy an earnings tax and how they are growing.

There ended up being 57 MSAs listed in the population data that I identified as having earning taxes. They range from Flint, Michigan with a -1.12% growth rate in 2008-2009, to Denver, Colorado, who experienced a 2.1% growth rate over the same period. Of these 57 MSAs, 45 are in the bottom half of cities ranked by population grown (the average MSA in 2008-2009 had a population growth rate of roughly .87%) and 9 were in the upper 50%.

This of course is not the whole story. The data only gives us an incomplete glimpse into what’s happening at a specific moment in time and doesn’t give us any information about trends. I would assume that young cities with high rates of growth might implement an earnings tax but that the tipping point isn’t reached for a while, but without controlling for how long each of these earning taxes have been in place I can’t make that conclusion. There are also many other idiosyncratic determinants of population growth that the data doesn’t allow me to engage. There is also a substantial risk that my data selection is incomplete. Regardless, it is suggestive that close to 90% of identified MSAs with earnings taxes are below the average MSA population growth rate; it suggests that earnings taxes has a dampening if not negative effect on population growth, particularly in cities hit hard by the recession.

A question of representation

One Kansas resident wonders about the Kansas City earnings tax, and where local governments get the authority to tax the earnings of out-of-state workers who do not have a say in their tax burden:

Today, the sneaky practice of taxation without representation is back, and practiced regularly in America. Two cities engaged in this practice are St. Louis and Kansas City Missouri. The city taxes levied on earnings for all people who work in these towns amounts to a one percent earnings tax on the gross income of workers.

A number of years ago, while working in a bank in Kansas City, I asked my employer why my wages were being taxed by Kansas City, since I did not live in Kansas City. Since I was not a resident of the city, it was my view that I did not have any sort of governmental representation in whether or not I should be taxed, and what the level of taxation should be. The question set off some alarms with my employer, and they began to protest that the money taken was a fair tax which provided a host of city services. When I did not buy that argument, and told them I still did not see how I had any sort of representation in determining how fair the tax was or how much I thought was fair, they scrambled to find an answer.

In response to my question, the bank representative told me that my governmental representation authority for the right to levy earnings tax was at the state level. They told me that since I was a resident of Missouri, it was the state legislature which had the governmental authority to allow cities within the state to levy earnings taxes on workers within their jurisdictions. At the time, I let the issue ride. Subsequently, I have had occasion as a resident of Kansas to work in Kansas City, Missouri, and my earnings continued to be taxed the one percent earnings tax by the city of Kansas City. Again the question arises regarding how a city in another state can get away with taxing the earnings of Kansas residents without appropriate governmental representation to determine if I should be taxed, and how much tax is due.

I am sure the response to this would be that the federal government allows state and local governments the right to create taxes for non-citizens, and my representation is on the federal level. Since the slippery practice of being forced to pay taxes to governments where I have no representation in how much or whether I should be taxed is sanctioned by the Federal level of government, cities, counties and states are allowed to dip their fingers into my earnings whether I have a voice or not.

Since taxation has reached a convoluted layer of being taken from earnings, purchases, property, services, and who knows what else, it is time to start asking my Federal representatives to allow me direct representation in all the taxes being drained from my income, or to pass legislation that disallows the practice of taxation without representation as it exists in American society today.

Earnings taxes are just one example of how citizens have been conditioned to paying taxes they have no control or representation in qualifying to pay. How much more money would the average citizen have in their pocket if this country truly held to the original concept of no taxation without representation? My guess is that there would be a lot of state, county, and city officials squirming in their seats if our Federal government forced them to rethink their processes of how people are taxed, and who has a say in determining how much tax is allowed.

To those who suggest that KC voters are the only ones who should be concerning themselves with their earnings tax, I say not so much. Many people are affected by the earnings tax without the opportunity to vote on it, including KC residents who haven’t voted on the earnings tax for decades. Many people would like to see this question revisited.

Kansas City Earnings tax blues

I don’t have the heart to regale you with the tale of my tax returns.  So here is another from a braver chap than I.

I won’t gripe about paying taxes. Except the Kansas City Earnings Tax. I think reasonable taxes are fine.

For the first time in quite some time, we did the taxes ourselves. By “we did the taxes ourselves,” I mean that I did the taxes. Ashley did her share of the tax work by signing the returns and asking “How much are we getting back?” and “Do you think we ought to take it to H & R Block?” repeatedly.

Like every other form of commerce, tax preparation can be done online. We filed electronically this year. My best estimate is that it added about six hours worth of work to the process.

Since we were e-filing, we had to fill in all the information that is included in the W-2s. Got that done. Didn’t like it, but I got it done.

Then I had to re-create Form 8823 for Noncash Charitable Donations. Check.

I filled out the Federal returns and filed electronically, only to be rejected because we needed a specific form for a contribution we made to a non-profit organization. No problem. I went back and attached the form, filling out all the necessary information and re-filed. It was rejected again because the specific form needed a supporting form.

The first one was easy enough. I’ll just go back and find the 1098-C form and attach it. After a half hour of looking, I came to the realization that Form 1098-C is not available. No problem.

I’ll just print everything and add the form and mail it in. Kickin it old school. That’s how I roll.

I couldn’t access my returns. My password didn’t match. Had I forgotten the password? No way. But I decided to reset the password through the website. Except that it didn’t recognize my email address.

Now I was in trouble. I gave up. Time for a beer and a couple of hours not looking at taxes. I stepped away.

When I returned to the computer, I decided to try one more time to access my returns on the website. It worked! All I had to do was print the returns, add the Form 8823 and 1098-C and I was golden.

Time to move on to the state returns. Because I worked in Kansas, I had to pay taxes in Kansas and declare a credit for the state of Missouri where I live. The Kansas form took 25 minutes to fill out. The Missouri form is 16 pages.

I finally got it done. I was done.

Then, and only then, did I realize that Missouri won’t allow you to e-file if you exceed a certain income. We exceeded it. And I was back to mailing it in. Old school.

OK… now I’m done.

Not so fast.

We live in Kansas City. I realized that I had to file city taxes too. Kansas City takes 1% off the top. No deductions. No credits. Nothing.

I went to the city website and got the necessary form. This was the biggest pain in the butt during the whole ordeal. Why? It’s one page. It’s one percent. Why’s it such a pain?

Each individual number was in its own box. And the tab key didn’t move the cursor to the next box. So putting in the income information wasn’t “65327.” It was 6 (move the mouse) 5 (move the mouse) 3 (move the mouse) 2 (move the mouse) 7 (move the mouse).

And each of the 14 freaking lines on the form was the same way.

So now I’m down to the wire. I just need to address the envelopes and pray that I have some stamps.

Funkhouser does Kansas City wrong

Yesterday, mayor Funkhouser stood up with Union leaders to say that he doesn’t trust Kansas City voters.  After all, they put him in charge (yuk, yuk yuk).

The actual words that came out of his mouth urged KC voters NOT to sign a petition to give Missourians a vote to give Kansas City voters a vote to either keep on with, or let fade, the erstwhile city earnings tax.

He cited the idea that Kansas City should decide their own issues.  But the petition does JUST that.  Yes, the ballot language goes before all Missouri voters, but the ballot language does not change anything about how KC raises money.  It simply triggers a vote for only KC and St. Louis residents that would allow them to decide their local tax issue, which hasn’t been put to city voters for decades.

So, it appears the voters of Kansas City are intelligent enough to put Mayor Funkhouser in office, and he often appeals to their sensibilities to keep his job, but when it comes to voting to continue or phase out the earnings tax, voters shouldn’t have an opportunity to control THAT part of their city government.

Finally, I’d like to point out some research that the KC Star did:

Annual revenues produced by the earnings tax, originally approved in 1963 at 0.5 percent and increased in 1970 to 1 percent:

1960s

$11 million

1989-90

$97.5 million

1999-2000

$150.5 million

2008-2009

$203.9 million

2010-2011 (projected)

$202.6 million

Sources: City budget and financial records, The Kansas City Star

If you adjust for inflation, 97.5 million in 1990 would be 161.7 million in 2010.  So, as Kansas City earners and businesses have made more money, it seems that Kansas City just keeps it and expands its spending, rather than keeping their budget proportional & returning money to taxpayers and businesses to spend, create or keep jobs and industry.

If the earnings tax did what it was supposed to do and lifted the city’s economic and social health, you’d think the city would need less money over the years, even when adjusted for inflation.  If it isn’t resulting the growth and security that Kansas Citians want to see, they deserve the opportunity to say so, don’t you think?

Daily Tax Quotes

The difference between death and taxes is death doesn’t get worse every time Congress meets.

– Will Rogers

Daily tax quote

For the week leading up to April 15th (dun dun DUN!), I will be offering a smidge of humor to lift you from the dregs of the year.

The term “tax humor” is no doubt an oxymoron to many people; to the more cynical, it is an apt description of the entire tax code.

– John F. Iekel

As tax day looms closer, Kansas City earnings tax rears its ugly head

KC Metro has this story of a family who was never alerted by tax preparers that they needed to file earnings taxes in KC: they now owe a huge sum from years past.  Perhaps they could have traded situations with the Wessingers.

Department informing them that they owed a large amount of money for the city’s earnings tax.“It came as a total surprise to us!” she writes. “We never heard about it.”

Bajic’s husband worked in Raytown, so his employer did not deduct the tax from his pay. And Bajic notes that the family went to two tax preparation companies while they lived in Kansas City. Neither alerted them to the earnings tax.

“Can there be some law that would make Kansas City obligated to inform people of their dues once a year and not allow them to wait for five years to let you know that you owe them?” she asks.

The answer

Sorry, Sanja. There is no legal requirement that Kansas City alert people about the earnings tax. This is a 1 percent tax on earnings or profits that all city residents, or people who work in Kansas City but live in another city, are obligated to pay.

“We don’t have an affirmative obligation to tell people our laws,” said Randy Landes, the city’s finance director.

Revenue officials say they do remind tax preparation companies annually about the earnings tax requirement. Kansas City companies are required to withhold the tax on behalf of their employees, but employers outside the city are not subject to that requirement.

The earnings tax is a self-declared tax, so it is up to residents, or people who work in Kansas City, to take it upon themselves to pay it.

If the city finds out later about noncompliance, it can pursue penalties and interest, in addition to the tax owed.

Revenue officials say they are trying to quickly identify people who owe so they don’t wait years and then learn they owe a huge amount.

The Watchdog says that during all the recent e-tax discussion, he’s been most intrigued by the “land tax” idea put forth by Star editorial writer E. Thomas McClanahan. When you tax land more than buildings, the argument goes, owners are more likely to invest in their property. Sounds like that would improve the city for pups and people alike.

Kansas City E-tax Postcards are overkill, wasteful

NBC’s KSHB in Kansas City found that many people are peeved about postcards they received from the city reminding them they owe earnings taxes to the city – even if they didn’t.

“The thing that really got me going was the very first line of the postcard. It was basically stating that in order to better utilize and wisely use the taxpayers money we’re trying to find as many people as possible,” Marty Wessigner said.

City officials say the tax generates $20 million a year; enough to pay for the entire police department.

Wessinger says the city isn’t utilizing taxpayer money efficiently as they proclaim. Wessinger says he hasn’t lived in the city since 2005 and hasn’t worked in Kansas City since 1981.

“You’ve got people on the payroll that they should be doing their job. And verifying peoples’ residencies and whether or not they owe taxes and those types of things. As oppose to just randomly sending these types of things. As oppose to just randomly sending these types of things out,” said Marty Wessigner.

After our calls, the city investigated the Wessinger file. Wessinger says the city told him a problem with his wife’s W-2 caused the error, and the city really owed Wessinger $2. Wessinger recently received his check.

To avoid a mix-up, notify the city and have them close your account if you move out of the city.

“If you’re sending out thousands of these things, boy, you know there are dollars involved in those types of situations,” Wessinger said.

Now, clerical errors aside, the part that really got me was that you need to “close your account” when you move out of the city.  What other tax asks you to have an account with the city you’re paying to?  I don’t have an ‘account’ with the IRS, or the state.  How costly are these accounts, and the postcards and the finding people?  Who decided that KC taxpayers had to have an account, and what kind of information are they storing?  And what does it pay for?  It generates “enough to pay for the police department”, but that’s like me saying I earn enough to pay for an FJ Cruiser.  Doesn’t mean I have one (I wish, though).  Side note: It’s actually $200 million of the city’s budget.

In 2007, when voters in KC were asked to renew the 1c development sales tax for another 10 years, they got to review what it had paid for for the last 8 years since they’d voted on it.  Voters were reminded what projects were paid for with this tax and what it would pay for in the future, and exactly how those funds would be divided amongst neighborhoods.  And then they got to decide if they still needed that kind of tax, or if it had accomplished the things it was levied to do.

I think having the same kind of cycle of approval and assessment for the earnings tax is really not too much to ask.

City Earnings Tax debate elevates important conversation about region’s growth

Dave Nicklaus, business reporter for the St. Louis Post-Dispatch, touches on some of the finer points of the economics involved in the debate over St. Louis’ city earnings tax HERE.

Small businesses flee Kansas City to avoid the earning tax

Gib Kerr, a small business owner and commercial real estate broker, writes about how the earnings tax drives small businesses out of Kansas City in the KC Star.

Earnings tax repeal deserves full consideration

By Gib Kerr, Special to The Kansas City Star

Mayor Mark Funkhouser stirred up a new round of controversy recently by floating the idea of eliminating the Kansas City earnings tax, which brings in about $200 million to the city coffers every year.

Before a meaningful debate could even begin, however, the City Council voted 10-1 to cut off the discussion immediately, reasoning that the earnings tax is too sacrosanct to touch.

The mayor has earned an unfortunate reputation for consistently failing to build a consensus on important issues. This is nothing new. But Funkhouser is on the right track here.

The 1 percent earnings tax that Kansas City levies against residents and wage-earners in its jurisdiction is killing our town. The tax penalizes employment and gives people a strong incentive to live and work outside the city.

According to an article in The Star last fall, Johnson County is on the verge of surpassing Jackson County as the employment center of the Kansas City metro area. “Employment in Johnson County exploded 70.7 percent from 1990 to 2008” while Jackson County grew by an anemic 2.3 percent.

The common explanation for why people and employers have been gravitating toward the suburbs is that the schools are better. We hear this from residential real estate agents all the time. But what we commercial real estate brokers hear more often — when working with companies that are moving their businesses — is they want to avoid the Kansas City earnings tax.

Yes, we do have incentive programs such as tax increment financing, enterprise zones and tax abatement. But those tools are rarely pursued by the small businesses that generate about 80 percent of all new jobs. When large corporations in Kansas City obtain incentives, it is always big news.

But when a mom-and-pop small business – with five or 10 employees — opts to avoid the 1 percent earnings tax, the public rarely hears about it.

Small businesses — many, if not most, of which are Subchapter S or limited liability corporations whose earnings are taxed at the individual level — are quietly choosing to locate in places like North Kansas City, Overland Park or Lee’s Summit instead of Kansas City, principally to save 1 percent.

Generally speaking, large corporations pass the tax on to their employees, but small businesses feel the pain more acutely.

With its complete dependence on the earnings tax, City Hall is like a heroin addict. Its short-term desire for the next fix overwhelms any thoughts of long-term health. Meanwhile, the earnings-tax drug is slowly poisoning the body.

It is time for an “intervention” at City Hall. Weaning our city from the addiction to the earnings tax will not be easy. There is no quick fix. Recovery will start only when we acknowledge that we have a problem.

Let’s admit that we have a problem. Reasonable solutions, gradually enacted over time, do exist and should be debated. Let’s start by looking at the tax structures in place in surrounding municipalities. May the discussion begin.