| HJR 60: Joint Subcommittee to Study 
        and Revise the State Tax CodeApril 29, 2002Richmond
The joint subcommittee appointed 
        to study and revise Virginia’s tax code held its first meeting of 2002 
        in Richmond and heard a presentation on underlying principles of tax systems. 
        The joint subcommittee then discussed tax principles it may adopt in making 
        recommendations to restructure Virginia’s tax system. House Joint Resolution 
        60 states that the joint subcommittee is to complete its work by November 
        30, 2002, and submit recommendations for consideration by the 2003 Session 
        of the General Assembly. The joint subcommittee also reviewed 
        a list of issues for study this year and an initial framework for dividing 
        the issues between two task forces. Principles of Tax SystemsA professor of economics at Virginia 
        Commonwealth University gave a presentation on principles underlying tax 
        systems and identified various tax principles generally present in good 
        tax systems. It is important to understand 
        the distinction between "tax impact" and "tax incidence." The impact of 
        a tax is where the tax first hits the economy. The incidence of a tax 
        falls upon the persons or parties who will actually be paying the tax. 
        Businesses do not pay taxes because consumers (forward shifting of the 
        tax), labor markets and other suppliers (backward shifting of the tax), 
        and individual owners of businesses (no shifting of the tax) ultimately 
        pay taxes. There are four main principles 
        or criteria to evaluate tax systems: equity, efficiency, adequacy, and 
        predictability. EquityThe equity of a tax system means 
        the fairness of the tax burden upon the taxpayers impacted. One approach 
        in analyzing equity is to determine to what extent the costs of providing 
        government services are paid for by taxes or other charges upon the users 
        of such services. This approach considers the degree to which a tax system 
        is functioning as an economic market; that is, is the user who is demanding 
        the service the person who is paying the tax or other charge imposed to 
        fund the cost of providing the service? As with any approach in analyzing 
        the equity of a tax system, there are limitations with this market approach. 
        For instance, it is sometimes difficult to quantify or measure the benefits 
        of particular government services. A second approach in analyzing 
        the equity of a tax system, the ability-to-pay approach, examines how 
        taxes impact taxpayers with a greater ability to pay. This approach requires 
        an agreement on the standard for measuring one’s ability to pay taxes, 
        whether that standard be income, wealth, family size, or other factors. 
        Under this approach, taxpayers in similar circumstances should essentially 
        be paying the same amount of tax. This is called horizontal equity. In 
        addition, this approach favors differing tax burdens for those with different 
        abilities to pay. This is called vertical equity. EfficiencyEfficiency as it relates to tax 
        systems means the avoidance of waste or getting as much as possible from 
        available resources. There are two major considerations in evaluating 
        the efficiency of a tax system. First, consumer and business decisions 
        for purchasing or investing should not be directly affected by taxes. 
        Second, a tax system should be simple to administer and simple to comply 
        with. The level of resources required to administer and to comply with 
        a tax system is key for purposes of evaluating simplicity. AdequacyAdequacy relates to the revenue-producing 
        capacity of the tax base and the level of government services to be funded. 
        The more inadequate a tax base (i.e., the ability to generate revenues 
        is limited in relationship to the agreed-upon level of government services), 
        the more likely there will be a high effective tax burden imposed on those 
        left to pay. PredictabilityAs the Virginia constitution 
        requires a balanced budget, predictable revenues are extremely important 
        in appropriating state funds. Volatile tax bases are less desirable as 
        they introduce more uncertainty in making appropriations. Tax Principles Discussed by the Joint 
        SubcommitteeThe joint subcommittee discussed 
        principles that it may adopt in revising Virginia’s state tax code. The 
        tax principles discussed by the joint subcommittee were equity, efficiency, 
        adequacy, and predictability, as explained above. In the process of discussing 
        these principles the joint subcommittee raised several issues that could 
        be the subject of further examination. The issues raised included: 
        Are revenues and services 
          allocated between state and local governments in an equitable manner?Are user fees a more equitable 
          means of paying for certain services?Should all citizens share 
          a portion of the tax burden?To what extent, if any, should 
          the state tax code be a tool of social policy?Is the tax code easy to understand 
          and administer (for the government and for the taxpayer)?Are the proposed changes to 
          the tax code defensible?Will the proposed changes 
          contribute to the state’s competitiveness?Should tax preferences (subtractions, 
          deductions, exemptions, credits) have an accountability component (appropriations 
          vs. expenditures)?Does the tax produce enough 
          revenues to fund the necessary services?If changes are made to the 
          tax code, is the total state and local tax burden the same as it was 
          prior to the changes (revenue neutrality)?Is the tax base volatile or 
          fairly secure?Does the state have a proper 
          allocation and mix of taxes?To what degree would changes 
          in the mix of taxes impact (i) the state and localities and (ii) taxpayers? The meeting concluded with a 
        discussion of issues that may be studied this year. Given the long list 
        of issues prevously identified, the creation of two task forces comprised 
        of members of the joint subcommittee was discussed. Staff provided a list 
        of issues for possible study and a framework for dividing the issues between 
        two task forces. It is envisioned that the task forces would meet in June, 
        July, and October to complete their work. May 29, 2002Richmond
The joint subcommittee met in 
        Richmond and formally adopted tax principles intended to guide the joint 
        subcommittee in its work to revise Virginia’s tax code. In addition, staff 
        to the joint subcommittee gave a brief presentation that involved answering 
        questions raised at April’s meeting and explaining several new items of 
        information distributed to subcommittee members. One of the items discussed 
        was the assignment of subcommittee members and issues for study to two 
        different task forces. Task Force #1 and #2 were created to study all 
        of the tax and other issues identified as subjects of study at the April 
        meeting. The work of each task force is, for the most part, intended to 
        be mutually exclusive of the other. At the conclusion of staff’s 
        presentation, the full subcommittee meeting ended and both Task Force 
        #1 and #2 met to discuss the issues assigned to them. Tax Principles AdoptedThe joint subcommittee formally 
        adopted tax equity, efficiency, adequacy, and predictability as principles 
        to guide its work in revising the tax code. These are the same principles 
        that were discussed at length in the April meeting of the joint subcommittee. Much debate preceded the adoption 
        of these tax principles. One of the questions debated was whether the 
        end result of all final recommendations should be revenue neutral in nature; 
        that is, the net effect of all recommendations would neither increase 
        or decrease the Commonwealth’s total annual revenue. The joint subcommittee 
        ultimately agreed that its recommendations should be revenue neutral. Staff PresentationStaff provided several new pieces 
        of information for joint subcommittee members to consider in upcoming 
        meetings. These included information on the cost of administering taxes 
        collected by the Department of Taxation, Department of Motor Vehicles, 
        and State Corporation Commission; the additional annual cost in increasing 
        Virginia’s personal and dependent exemption (in $100 increments); and 
        the Department of Taxation’s Analysis of Sales and Use Tax Exemptions 
        in Virginia. Task Force #1 MeetingTask Force #1, chaired by Senator 
        Hanger, began its first meeting by reviewing its list of issues. Those 
        issues include several that deal with the state income tax, to what extent 
        Virginia should conform with federal tax law, the local property tax on 
        personally owned vehicles, telecommunications taxes, the sharing of income 
        tax revenues with localities, and the equalization of the taxing authority 
        granted to counties and cities. After reviewing the issues, the task force 
        members decided to focus on the state income tax issues at its next meeting 
        on June 24 and take up the remainder of the issues on July 16. Task Force #2 MeetingTask Force #2, chaired by Delegate 
        McDonnell, began its first meeting by reviewing its list of issues and 
        discussing certain sales and use tax exemptions, as reported in the Department 
        of Taxation’s Analysis of Sales and Use Tax Exemptions in Virginia. 
        Among the issues to be considered by the task force are current exemptions 
        from Virginia’s sales and use tax, extending Virginia’s sales and use 
        tax to certain services, conformity with federal law repealing death and 
        estate taxes, elimination of the BPOL tax, and additional revenue opportunities 
        for local governments. The task force asked for additional 
        information on sales and use tax exemptions of public service corporations. 
        The task force also asked for more information on the applicability of 
        Virginia’s sales and use tax to services. Any recommendations that the 
        members of the two task forces develop are to be presented to the full 
        joint subcommittee at its meeting on August 19. Co-Chairmen: The Hon. Emmett 
        W. HangerThe Hon. Robert F. McDonnell
 For information, 
        contact: Joan E. PutneyMark Vucci
 David Rosenberg
 Division of Legislative Services
  Website: 
        http://dls.state.va.us/taxcode.htm  THE 
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