MTHP (Committee Hearing - Aug 18th)

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 61

More Take

Home Pay Act


Presentation to
GA House Ways & Means
Committee
August 18th, 2015

Summary
Major Tax Changes

Area
Individual Income Tax rate
Corporate Income Tax rate
Income Tax base

Sales Tax rate


Sales Tax base

Changes
6%
6%

4%
5%

Phase-out many credits, but keep some:


- Film Industry
- Video Programming
- Jobs
- R&D and Investment
- Manufacturing
- Low Income Housing
- SSOs

4%

5%

Increase base:
- Communications Services Tax
- Groceries
- Digital downloads

Why Move to More of a Consumption Tax?


Overview

Area

Issue

Jobs

Georgia has the 2nd highest top


marginal tax rates in the SE for
individual and corporate income tax

How Addressed

In addition, our economic growth


potential is limited due to our overreliance on income tax revenues.
According to a December 2012
article from the Tax Foundation:

More and more, the consensus among


experts is that taxes on corporate and
personal income are particularly
harmful to economic growth, with
consumption and property taxes less so.
This is because economic growth
ultimately comes from production,
innovation, and risk-taking.

Reduce
Individual
Income tax from
6% to 4% (over a
3 year phase-in
period)

Reduce
Corporate
Income tax from
6% to 5% (also
over a 3 year
phase-in period)

Reference

Individual Income Tax


Rates in SE

Article noting
Georgias 9th worst
income tax climate

Corporate Income Tax


Rates in SE

Tax Foundation
Special Report No.
207, page 7 under
Conclusion section

Why Move to More of a Consumption Tax?


Overview

Area

Issue

Georgias AAA
Bond rating /
Revenue Mix

Although Georgia is one of only 15 states


that is rated AAA by S&P, we are overreliant on income tax revenues (both
individual and corporate) as compared to
our peers in this category.

In addition, S&P noted in its June 9th, 2015


research report that although it maintains a
AAA rating for Georgias GO bonds, it
nevertheless expressed caution on pages 4
& 5 regarding the November 2014
constitutional amendment which capped
income tax rates at 6%.

Current state revenue (approx. $20.8 bil for


FY 2015) relies on individual come taxes for
51% of its revenues (per GA DoR). For
comparison, sales tax comprises only 28.5%
of state revenues.

How Addressed

Lower top marginal


rates for individual
and corporate
income taxes

Reference

Revenue
mix of
states with
AAA bond
rating

Comparison
of Georgias
state
revenue mix
to other
AAA rated
states

Why Move to More of a Consumption Tax?


Overview

Area

Issue

How Addressed

Reference

Stability /
Consistency of
state-level
revenues

Individual income taxes have


seasonal volatility, with much
lower receipts each February and
March.

Reduce reliance on
Individual Income tax
revenues

Volatility of
Individual Income
taxes

Corporate income taxes are the


most volatile, favoring quarter end
payment schedules.

Reduce reliance on
Corporate Income tax
revenues

Volatility of
Corporate Income
taxes

However, sales & use taxes are


much more consistent over the
state fiscal year

Increase reliance on
sales & use tax
revenues

Volatility of State
Sales & Use taxes

Why Move to More of a Consumption Tax?


Overview

Area

Issue

Address
loopholes in
consumption
tax base

The growing sectors within our


digital economy includes digitallydelivered items, streaming, text
messaging, direct broadcast
satellite, etc.

Georgias Title 48 (Revenue code)


only taxes TPP (Tangible Personal
Property), not intangible items.
As a result, our tax base continues
to shrink/weaken.

In addition, state exemption of


groceries (a consistent, staple
purchase by consumers) causes
the base to be vulnerable to
recessionary swings (as noted in
CY 2009).

How Addressed

Reference

CST Reform, as well as


expanding the base to
include digitallydelivered items, would
create a level-playing
field among
telecommunication
and software
providers

CST Reform

Digital Goods

Inclusion of grocery
purchases, with an
exclusion for Georgia
citizens aged 65 or
older

Groceries

Tax Foundation
Fiscal Fact No. 212
(See page 4, in
support of tax on
groceries)

Why Move to More of a Consumption Tax?


Individual Income Tax rates in SE

Why Move to More of a Consumption Tax?


Corporate Income Tax rates in SE

Why Move to More of a Consumption Tax?


Atlanta Business Chronicle article

Why Move to More of a Consumption Tax?


2014 Revenue Mix of States with AAA bond rating (from S&P)

100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Virginia Georgia Missouri

Utah

North Nebraska Maryland


Carolina

Iowa

Delaware Indiana

North
Dakota

Alaska

Florida

Individual Income

Corporate Income

Sales & Use

Property

Insurance Premium

Motor Fuel

Tobacco

License/Fees

Severance

Other Taxes

Georgia is highly reliant on income tax revenues,


even as compared to other AAA rated states

Texas Wyoming

Source: U.S. Census Bureau,


2014 Survey of State
Government Revenue 10

Why Move to More of a Consumption Tax?


Comparison of Georgia to Other AAA rated States

Comparison of Revenue Mix

Comparison to other states

Other AAA Rated States vs Georgia

60.0%

The graph at left compares the average


mix of 2014 state-level revenues for
AAA rated states against Georgia, both
before and after proposed tax reform

As noted in the graph, Georgias


reliance on individual income tax
revenue is significantly higher than
other states

Lowering the income tax rate and


offsetting with higher sales tax could:

48.1%

50.0%
40.0%

40.0%

37.5%

34.6%

32.1%
27.5%

30.0%
20.0%
10.0%

4.9% 5.1% 4.5%

0.0%

Individual Income

Corporate Income

Sales & Use

Avg of other AAA rated states(1)


Georgia (current)
Georgia (estimated, post-tax reform)
Source: U.S. Census Bureau, 2014 Survey of State Government Revenue
Note(1): Excludes Alaska, North Dakota and Wyoming (all three rely heavily on
severance taxes) and Georgia

1. Lower the states top marginal income


tax below the 6% constitutional maximum
(issue noted by rating agencies); and,
2. More evenly balance our state
revenues to be in line with other AAA rated
states
11

Why Move to More of a Consumption Tax?


Individual Income Tax Volatility
Individual Income Tax
Monthly Revenues 2003-2014
1,600

Individual income tax


revenues are
inconsistent, with a
decline each February

1,400

1,200

$mil

1,000

800

600

400

200

January

February
2003

March
2004

April

2005

2006

May
2007

June
2008

July
2009

2010

August

September October

2011

2012

2013

November December

2014

Source: Historical data from GA Department of Revenue

12

Why Move to More of a Consumption Tax?


Corporate Income Tax Volatility
Corporate Income Tax
Monthly Revenues 2003-2014

Corporate income tax


revenues favor the
quarter-end estimated
payment schedule

250

200

150

$mil

100

50

January

February

March

April

May

June

July

August

September

October

November December

(50)

(100)
2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

Source: Historical data from GA Department of Revenue

13

Why Move to More of a Consumption Tax?


Sales & Use Tax Seasonality

State Sales & Use Tax


Monthly Revenues 2003-2014
700

Sales & Use Tax


revenues are
relatively consistent

600

500

$mil

400

300

200

100

January

February
2003

March
2004

April
2005

2006

May
2007

June
2008

July
2009

2010

August
2011

September
2012

October

2013

November December

2014

Source: Historical data from GA Department of Revenue

14

Why Move to More of a Consumption Tax?


State Revenue Volatility

Comparison of Revenue Volatility


Monthly Revenues 2003 - 2014
$1,600

Individual income
tax revenues are
most volatile based
on revenue size

$1,400

$1,200

$1,000

$mil

$800

$600

$400

$200

Individal Income Tax

Corporate Income Tax

Sales & Use Tax

Source: Historical data from GA Department of Revenue

15

Sep-14

May-14

Jan-14

Sep-13

May-13

Jan-13

Sep-12

May-12

Jan-12

Sep-11

May-11

Jan-11

Sep-10

May-10

Jan-10

Sep-09

May-09

Jan-09

Sep-08

May-08

Jan-08

Sep-07

May-07

Jan-07

Sep-06

May-06

Jan-06

Sep-05

May-05

Jan-05

Sep-04

May-04

Jan-04

Sep-03

May-03

$(200)

Jan-03

$-

Why Move to More of a Consumption Tax?


State Revenue Volatility

Monthly Standard Deviation of


Major Revenues 2003 - 2014

Corporate income
tax revenues are
most volatile based
on percentage

Standard Deviation as a % of Average

160%
140%
120%
100%
80%
60%
40%
20%
0%

CY 2003 CY 2004 CY 2005 CY 2006 CY 2007 CY 2008 CY 2009 CY 2010 CY 2011 CY 2012 CY 2013 CY 2014

Individual Income Tax

Corporate Income Tax

Sales & Use Tax

Source: Historical data from GA Department of Revenue

16

CST Reform

August 18th, 2015

17

CST Reform
Overview

Industry growing, Tax revenues declining

State and Local Revenue decline


2010 vs. 2013

$160.0

$151.9

Even though total revenues for Georgias


telecommunications industry increased
slightly from $9.4 billion in 2010 to $9.5
billion in 2013, the state and local tax
revenues over this same period actually
decreased.

State-level revenues (excluding sales


taxes on network equipment) decreased
by $29.6 million over this 3 year period.
Total local tax revenues (excluding both
network equipment sales taxes and 911
fees) decreased by $30.1 million.

This trend is due to Georgias


inconsistent tax law for communications
services, as noted in the Special Councils
report in January 2011. Specifically, the
industry revenue mix is shifting from
services that are taxable (i.e. local
service) to more services that are nontaxable (i.e. data).

See following pages for further


discussion.
18

$140.0

$122.3
$120.0

$110.3

$mil

$100.0

$88.5

$92.2

$83.9

$80.0
$60.0
$40.0
$20.0
$-

State Sales Tax

Local Sales Tax


2010

Local Fees (incl. Franchise)

2013

Source: Georgia Telecom industry data aggregation, CY 2010 and CY 2013


Note: Excludes (1) sales tax revenue from network equipment purchases (to be
removed from tax base under proposal), and (2) 911 fees.

CST Reform

Industry Revenue by category


Decrease in taxable services

TAXABLE

NON-TAXABLE

Under current law, Georgia only taxes


local service (calling within an area code
or market, i.e. Atlanta), As noted in the
chart, this segment of the industry has
declined substantially.

Increase in nontaxable services

Conversely, Georgia law does not tax the


following services:
- Data (including text messaging
and data for mobile applications,
but excluding Internet access)
- Intrastate calling/tolling
- Interstate calling/tolling
- Ancillary services (call waiting,
caller ID, mail, directory
assistance, etc.)

These services, specifically data, are the


growth areas within the industry. As a
result, Georgias tax base for telecom is
quickly shrinking, leading to lower
revenues for both state and local.

Source: Georgia Telecom industry data aggregation, CY 2010 and CY 2013


Note: Excludes (1) sales tax revenue from network equipment purchases (to be
removed from tax base under proposal), and (2) 911 fees.

19

CST Reform

Map of DBS Taxes in SE


Most SE states already tax DBS

As of January 1st 2015, only Georgia,


Alabama and Louisiana do not currently
include DBS service in their respective
consumption tax bases.

As part of CST reform, The More Take


Home Pay Act includes a proposed 7%
CST over all communication services,
including DBS. Interestingly enough,
the average sales tax in effect in the 8
SE states that tax DBS service is 7.17%.

See following pages for further


discussion of this proposed tax in
Georgia.

20

CST Reform

Are we paying for a tax cut with a satellite tax?


Revenue change from HB 445
(Amounts in $bil)

$0.1 , 3%

$0.1 , 3%

Satellite Tax vs. Overall Tax Changes

In total, HB 445 as proposed will provide


for an income tax cut of approx. $3.8
billion annually (fully phased in).

As part of CST reform, a 7% flat


communications tax on DBS service would
generate approx. $102.8 million, based
on industry estimates. However, this
comprises only 3% of the $3.8 billion
revenue generated for the income tax cut
in the proposed bill.

On a stand-alone basis, the amount of


state revenue from the satellite tax would
only allow for an income tax cut from 6%
to 5.95%.

As such, the incremental revenue from


DBS would be only a small part of the
overall income tax reform.

New revenue from


CST on DBS (1)
Other incr. revenue
from CST reform (1)
All other revenue for
income tax cut (2)

$3.6 , 94%

Source(1): Georgia Telecom industry data aggregation, CY 2013


Source(2): HB 445 Fiscal Note, dated March 27th, 2015

21

CST Reform

Tax Revenue with CST Reform


Impact of CST Reform (7%)

Impact of a CST

2013 Revenue, Tax and Fee Amounts

Implementation of a
Communications Services Tax
(CST) would bring telecom
services under an equitable,
unified tax structure such that
state & local taxation would
not be discriminatory.

Under a 7% CST as proposed,


the state would realize a
potential increase of $209
million of new revenues, while
simultaneously providing tax
fairness within the industry.

Local revenues would realize


an increase of approximately
$66 million.

State tax
revenue

Local tax & fee


revenue

Total taxes &


fees (except 911)

$ 161,223,935

$ 201,712,815

3.5%
3.5%
7.0%

3.5%
3.5%
0.0%

7.0%
7.0%
7.0%

233,721,879
45,944,827
102,833,753
(7,650,009)
(3,825,005)

230,382,996
45,944,827
(5,526,556)
(2,763,278)

464,104,875
91,889,654
102,833,753
(13,176,566)
(6,588,283)

Total Estimated Revenues under CST

$ 371,025,445

$ 268,037,988

639,063,434

Potential Revenue increase from 7% CST

$ 209,801,510

276,126,684

Current state & local revenues


Proposed new rates:
Telecom
Cable
Satellite
Estimated revenues under a 7% CST:
Telecom
Cable
Satellite
Vendor compensation (2%)
DoR Administrative fee (1%)

66,325,173

362,936,750

Source: Georgia Telecom industry data aggregation, CY 2013


Note: Excludes 911 fees

22

CST Reform

Tax Revenue with CST Reform State portion


$450.0
$102.8

$400.0

($7.7)
($3.8)

$371.0

$350.0
$300.0

$45.2
$112.2

$250.0
($39.0)

$200.0
$161.2
$150.0
$100.0
$50.0
$-

Current State Network Eqpt - Telecom Cable - Apply


revenue
remove tax Increase base; 3.5% of CST
rate to 3.5%

Satellite Vendor's
DOR's
Proposed
Apply a 7% Compensation Admistrative State revenue
CST
(2%)
Fee (1%)
- with CST

Source: Georgia Telecom industry data aggregation, CY 2013


Note: Excludes 911 fees

23

CST Reform
2013 Data

GA Telecommunications Industry
2013 Revenue, Tax and Fee Amounts
Industry revenues
in GA
TELECOM SERVICES
Wireline - Taxable
Wireless - Taxable
Wireline - NonTaxable
Wireless - NonTaxable
Prepaid Wireless

741,459,515
1,831,084,370
1,693,854,319
1,919,032,576
492,337,200

State tax
revenue

$ 35,185,991
86,331,795
-

Local tax
revenue

Local fee
revenue

Total taxes & fees


(except 911)

4.7% $ 25,988,295 3.5% $ 14,596,523 2.0% $


4.7%
61,990,245 3.4%
0.0% $
0.0%
0.0%
0.0% $
0.0%
0.0%
0.0% $
0.0%
0.0%
0.0% $

75,770,809
148,322,040
-

TOTAL TELECOMMUNICATIONS

6,677,767,980

121,517,786 1.8%

87,978,540 1.3%

14,596,523 0.2% $

224,092,849

Video Programming - w franchise fees


Video Programming - w/o franchise fees

1,312,709,329
-

734,367 0.1%
-

508,635 0.0%
-

69,316,910 5.3% $
$

70,559,912
-

TOTAL VIDEO PROGRAMMING

1,312,709,329

734,367 0.1%

508,635 0.0%

69,316,910 5.3% $

70,559,912

DIRECT BROADCAST SATELLITE REVENUES

1,469,053,615

TOTALS ALL SECTORS

9,459,530,924

0.0%

0.0%

0.0% $

$ 122,252,153 1.3% $ 88,487,175 0.9% $ 83,913,433 0.9% $

SALES TAXES PAID ON NETWORK EQUIPMENT PURCHASES


911 Fee Remitted:
Prepaid Wireless
Postpaid Wireless
Landline and VOIP

$ 38,971,782

TOTAL ALL TAXES AND FEES

$ 161,223,935

$ 29,312,207

18,462,645
96,655,376
47,810,802
$ 117,799,382

$ 246,842,256

294,652,761
68,283,989
18,462,645
96,655,376
47,810,802

525,865,573

24

CST Reform
2010 Data

GA Telecommunications Industry
2010 Revenue, Tax and Fee Amounts
Industry revenues
in GA
TELECOM SERVICES
Wireline - Taxable
Wireless - Taxable
Wireline - NonTaxable
Wireless - NonTaxable

1,378,808,414
3,227,348,713
850,765,114
1,333,465,171

State tax
revenue

$ 50,911,841
100,981,687
-

6,790,387,412

151,893,528 2.2%

Video Programming - w franchise fees


Video Programming - w/o franchise fees

1,345,508,565
9,848,472

0.0%

TOTAL VIDEO PROGRAMMING

1,355,357,037

DIRECT BROADCAST SATELLITE REVENUES

1,240,582,299

9,386,326,748

Local fee
revenue

Total taxes & fees


(except 911)

3.7% $ 37,655,631 2.7% $ 23,433,116 1.7% $


3.1%
72,663,424 2.3%
345,400 0.0% $
0.0%
0.0%
0.0% $
0.0%
0.0%
0.0% $

TOTAL TELECOMMUNICATIONS

TOTALS ALL SECTORS

Local tax
revenue

110,319,055 1.6%

23,778,516 0.4% $

285,991,099

0.0%

68,415,328 5.1% $
$

68,415,328
-

0.0%

0.0%

68,415,328 5.0% $

68,415,328

0.0%

0.0%

0.0% $

$ 151,893,528 1.6% $ 110,319,055 1.2% $ 92,193,844 1.0% $

SALES TAXES PAID ON NETWORK EQUIPMENT PURCHASES


911 Fee Remitted:
Prepaid Wireless
Postpaid Wireless
Landline and VOIP

$ 47,178,858

TOTAL ALL TAXES AND FEES

$ 199,072,386

112,000,588
173,990,511
-

$ 33,309,702

354,406,427

80,488,560

434,894,987

(data not collected in 2010)


(data not collected in 2010)
(data not collected in 2010)
$ 143,628,757

$ 92,193,844

25

Digital Goods

August 18th, 2015

26

Digital Goods
Overview

Potential GA tax revenues

(state portion only, at 5% rate in all years)


160.0

Digital Goods

Currently, the state code provides for the


taxation of tangible personal property per
O.C.G.A. 48 8-2, paragraph 37. As such,
digitally delivered products are not included
within the Georgia sales/use tax base.

As part of larger reform, we propose


including these products in the sales/use tax
base, given (1) this was recommended in the
Special Council for Tax Reforms report dated
January 7, 2011, and (2) tax treatment
should be equitable, regardless of means of
delivery (CD/DVD vs. online/download).

Total Georgia sales/use tax revenue (at a 5%


rate) from such sales would generate $115
mil in calendar year 2016, going to $137 mil
in 2019.

See following pages for further discussion by


product

140.0
120.0

$mil

100.0
80.0
60.0
40.0
20.0
CY 2012 CY 2013 CY 2014 CY 2015 CY 2016 CY 2017 CY 2018 CY 2019
Software Publishing

Apps

E-Books

Digital Video Game Content

Digital Music Revenue

Digital Magazines

Digital Movie & Video


Source: Statista,
Note:
Georgia at 3.1% of U.S. industry revenues; this percentage based population
data from the 2010 census.
Note: Forecast growth at various rates and includes 15% avoidance. Excludes duplicative
categories from the following pages, such as downloaded apps.

27

Digital Goods
Software Publishing

Description

Potential GA tax revenues

(state portion only, at 5% rate in all years)


90.0
80.0
70.0

$mil

60.0
50.0
40.0
30.0

Comprises establishments primarily


engaged in computer software publishing
or publishing and reproduction. Industry
participants carry out design,
programming, providing documentation,
assisting in installation, and providing
support services to software purchasers.

Rationale

20.0

10.0
CY 2012

CY 2013

CY 2014

CY 2015

CY 2016

CY 2017

CY 2018

Operating systems & productivity

Database, storage & backup

Business analytics & enterprise software

Design, editing & rendering software

Video game software publishing

Security software publishing

CY 2019

Taxed in other states

Yes; 28 of 45 states tax downloaded


software

These include Tennessee, Alabama,


Mississippi and Texas

Other

Source: Statista, a subscription-based provider of online statistics, financial data


and survey results
Note: Georgia as 3.1% of U.S. industry revenues; this percentage based
population data from the 2010 census.
Note: Forecast growth at 4%, and includes 15% avoidance

Equitable tax treatment, whether


purchased as a tangible product or
online/download.

28

Digital Goods

Mobile Applications (Apps)


Description

Potential GA tax revenues

(State portion only, at 5% rate in all years)

$mil

30.0

Comprises revenues from the sale of


mobile applications, primarily for internetcapable cell phones (smartphones).

25.0

Rationale

20.0

15.0

Equitable tax treatment, whether


purchased as a tangible product or
online/download.

Taxed in other states?

10.0
5.0
CY 2013 CY 2014 CY 2015 CY 2016 CY 2017 CY 2018 CY 2019
E-Books

Games

Video downloads

Music downloads

Other

Yes; 28 of 45 states tax downloaded


mobile apps

These include Tennessee, Alabama,


Mississippi and Texas

Source: Statista, a subscription-based provider of online statistics, financial data


and survey results
Note: Georgia as 3.1% of U.S. industry revenues; this percentage based
population data from the 2010 census.
Note: Forecast growth at 15% annually (previously 16-17%), and includes 15%
avoidance

29

Digital Goods
E-Books

Potential GA tax revenues

(state portion only, at 5% rate in all years)


14.0

Description

12.0
10.0

$mil

8.0

An e-book is a book distributed and read in


electronic format. Consumers visit a web
site to purchase and download the digital
file. This file can then be read on a
computerized device such as a Kindle,
iPad, smartphone, laptop computer or
other device.

Rationale

6.0

4.0
2.0

Equitable tax treatment, whether


purchased as a tangible product or
online/download.

Taxed in other states?

CY 2012 CY 2013 CY 2014 CY 2015 CY 2016 CY 2017 CY 2018 CY 2019


E-Books

Yes; 16 of 45 states tax downloaded books

These include Tennessee, Alabama,


Mississippi and Texas

Source: Statista, a subscription-based provider of online statistics, financial data


and survey results
Note: Georgia as 3.1% of U.S. industry revenues; this percentage based
population data from the 2010 census.
Note: Forecast growth at 8-18% annually (previously 25-45%), and includes
15% avoidance

30

Digital Goods

Digital Video Game Content


Potential GA tax revenues
(state portion only, at 5% rate in all years)

Description

25.0

Digital video game content is the delivery


of video games without the exchange or
purchase of physical media.

Rationale

20.0

$mil

15.0
10.0

Equitable tax treatment, whether


purchased as a tangible product or
online/download.

Taxed in other states?

5.0
CY 2012 CY 2013 CY 2014 CY 2015 CY 2016 CY 2017 CY 2018 CY 2019

Yes; at least 15 of 45 states tax


downloaded video game content

These include Tennessee, Alabama,


Mississippi and Texas

Digital Video Game Content

Source: Statista, a subscription-based provider of online statistics, financial data


and survey results
Note: Georgia as 3.1% of U.S. industry revenues; this percentage based
population data from the 2010 census.
Note: Forecast growth at 12-15% annually (previously 16-22%), and includes
15% avoidance

31

Digital Goods
Digital Music

Potential GA tax revenues


(state portion only, at 5% rate in all years)

10.0

Description

Digital music refers to non-physical sources


of digital audio that use various encoding
formats to store audio information.
Examples include MP3 and WAV files
which can downloaded from the Internet.

Digital music can be played through


downloaded files or on-line streaming to
devices such as an iPad, smartphone,
laptop computer, etc.

9.0
8.0
7.0

$mil

6.0
5.0
4.0
3.0
2.0

Rationale

1.0

CY 2012 CY 2013 CY 2014 CY 2015 CY 2016 CY 2017 CY 2018 CY 2019


Single downloads

Album downloads

Subscription and streaming

Ringtones /ringbacks

Source: Statista, a subscription-based provider of online statistics, financial data


and survey results
Note: Georgia portion calculated as 3.1% of U.S. industry revenues; this
percentage based population data from the 2010 census.
Note: Forecast growth at 8% annually (previously as high as 33%), and
includes 15% avoidance

Equitable tax treatment, whether


purchased as a tangible product or
online/download.

Taxed in other states?

Yes; 16 of 45 states tax digitally-delivered


music

These include Tennessee, Alabama,


Mississippi and Texas

32

Digital Goods
Digital Magazines

Description

Potential GA tax revenues


(state portion only, at 5% rate in all years)

9.0
8.0
7.0
6.0
5.0

An e-book is a book distributed and read in


electronic format. Consumers visit a web
site to purchase and download the digital
file. This file can then be read on a
computerized device such as a Kindle,
iPad, smartphone, laptop computer or
other device.

4.0

Rationale

3.0

2.0
1.0
CY 2012 CY 2013 CY 2014 CY 2015 CY 2016 CY 2017 CY 2018 CY 2019
Printed

E-Subscriptions

Source: Statista, a subscription-based provider of online statistics, financial data


and survey results
Note: Georgia portion calculated as 3.1% of U.S. industry revenues; this
percentage based population data from the 2010 census.
Note: Forecast growth at 8-18% annually (previously as high as 33%), and
includes 15% avoidance

Equitable tax treatment, whether


purchased as a tangible product or
online/download.

Taxed in other states?

Yes; at least 15 of 45 states tax digital


magazines

These include Tennessee, Alabama,


Mississippi and Texas

33

Digital Goods

Digital Movie & Video distribution


Description

Potential GA tax revenues

(state portion only, at 5% rate in all years)

3.0
2.5

$mil

2.0
1.5

An e-book is a book distributed and read in


electronic format. Consumers visit a web
site to purchase and download the digital
file. This file can then be read on a
computerized device such as a Kindle,
iPad, smartphone, laptop computer or
other device.

Rationale

1.0

0.5
CY 2012 CY 2013 CY 2014 CY 2015 CY 2016 CY 2017 CY 2018 CY 2019
Online subscription

Online transactional

Video on Demand

Kiosk

Mail

Source: Statista, a subscription-based provider of online statistics, financial data


and survey results
Note: Georgia portion calculated as 3.1% of U.S. industry revenues; this
percentage based population data from the 2010 census.
Note: Forecast decline of -1% annually (previously a decline of -1 to -2%), and
includes 15% avoidance

Store

Equitable tax treatment, whether


purchased as a tangible product or
online/download.

Taxed in other states?

Yes; 17 of 45 states tax downloaded


movies and digital video

These include Tennessee, Alabama,


Mississippi and Texas

34

Groceries

August 18th, 2015

35

Groceries
Overview

Groceries

Source: Tax Foundation.org

Currently Georgia does not tax groceries for


the state portion (4%) of sales tax. Counties
and cities still collect local sales taxes on
grocery sales.

As noted in the graph at the left, although


many states exempt groceries from sales tax,
state sales taxes are collected in AL, TN, and
MS. Furthermore, this diagram does not
include all local sales taxes collected on
groceries.

Based on grocery sales, as well as volume


estimates from the Georgia Economic
Modeling System, each 1% state sales tax on
groceries would generate approximately
$110-115 million annually.

The proposal includes groceries in the sales


tax base as part of this overall package. In
addition, (1) grocery sales made though
Federal Food Stamps would continue to be
exempt, and (2) sales to seniors aged 65 and
older would be exempt.
36

Groceries

Inconsistency of Sales Tax Base


Georgias sales tax revenues
can have significant disparity
to overall consumer
spending in the state.

GA Consumer Spending vs.


State Sales Tax Revenues(1)
10.0%
5.0%

% YOY change

0.0%
CY 2008

CY 2009

CY 2010

CY 2011

CY 2012

CY 2013

-5.0%
-10.0%

Large discrepancy
likely due to
grocery exemption

-15.0%
-20.0%

GA Sales Tax

GA Consumer Spending

As such, reform to broaden


the base would likely protect
state tax revenues from
future declines.
In addition, recent disparity in the
trending likely due to (1)
exemption for sales tax on energy
and (2) GATE cards

Source: U.S. Bureau of Economic Analysis, GA Department of Revenue


Note(1): State sales tax revenues represents only the state portion, and amounts
prior to April 2013 have been reduced by 3.61% (average amount for motor vehicle
sales receipts) to provide comparable results prior to TAVT implementation in 2013.

37

Cigarettes

August 18th, 2015

38

Cigarettes
Overview

Cigarettes

Currently Georgia has a $0.37 cent excise tax


per pack of cigarettes. According to the Tax
Foundation, this is the 3rd lowest rate in the
U.S.

The average national cigarette excise tax is


approximately $1.54 per pack (as of July
2014). Excise tax rates are as low as $0.17 in
Missouri, to as much as $4.35 in New York
state. The average excise tax of our 5 border
states is $0.68 per pack.

The proposal initially includes increasing the


cigarette sales tax to $0.65 per pack.

Source: Tax Foundation.org

39

Cigarettes
Risk of Smuggling

Smuggling

Note: Positive smuggling percentages are inflow to a state; negative percentages are outflow.
Source: Mackinac Center for Public Policy; Tax Foundation.

State excise tax rates can vary wide among


each state. Smuggling occurs when
consumers choose to purchase cigarettes in
a low tax state and consume them in a
higher tax state.

As noted in the graph at left, smuggling


occurs more frequently as the excise tax rate
increases. However, at tax rates less than $1
per pack, smuggling is mostly mitigated.

More Take Home Pay Act includes a


cigarette tax of $0.65 per pack, which
in addition to an average of our
neighbor states excise rates, also
mitigates risk of smuggling

40

Tobacco Revenue
Trending/Consistency

Tobacco Revenue trending

State Tobacco Revenues


CY 2004-2014
300.0

Total tobacco taxes (including


cigarettes and non-smoking
tobacco) contributed revenue of
approximately $213 mil in CY
2014, or 1.16% of all state tax
revenue.

The CAGR for the 10-year period


has been a decline of (1.47)%.

Based on these averages, Georgia


could expect a decline in tobacco
revenues each year going forward
of approximately $3 mil.

12.0%
10.0%

250.0

8.0%

$mil

4.0%
2.0%

150.0

0.0%
-2.0%

100.0

-4.0%
-6.0%

50.0

-8.0%
-

-10.0%
2004

2005

2006

2007

2008

2009

Tobacco tax revenues

2010

2011

2012

2013

YoY Change

6.0%

200.0

2014

YoY Change

Note: Includes a $12 mil upward adjustment to CY 2012 revenues (apparent


misclassification between tobacco and alcohol tax revenues)
Source: Historical data from GA Department of Revenue

Over this 10-year period,


Georgias tobacco revenues have
experienced a CAGR of -1.47%
This amounts to only a $3 mil
annual reduction, on average
41

Wrap-up

Questions /
Feedback

42

Appendix I

Income Tax Credits for


Economic Development

43

Income Tax Credits


Economic Development

Credits

Georgia currently offers income tax


credits for jobs, research and
development and qualified
investments.

Each of our 5 border states offer two


or more of these types of credits to
attract new businesses. Each states
qualification criteria and amounts of
the credits vary.

As stated in the August 11th press


release, the proposed legislation
does not repeal or phase-out these
credits.

Source: Tax Foundation.org

44

Appendix II

Recent Tax Reform Issues


In Other States

45

Kansas Tax Reform Issues


Area

Cause

Downgrade of bond
rating

Moodys recently downgraded Kansas


bond rating from Aa1 to Aa2, noting:

Little to none of these economic


conditions or appropriations
practices are occurring in Georgia

Estimates of their tax cut are between


$500 mil - $2 bil annually (up to nearly
20% of their annual budget)

We are managing the bill to be


revenue neutral/very slight tax cut
(despite 1st fiscal note reporting a
$700 mil tax decrease)

Low income tax revenues, not due


solely to rate cuts, but also the result
of a slow economy and federal tax
policy. Q1 2014 GDP growth in the
U.S. was only 0.1%, and federal tax
rates had increased for capital gains.

Both our states economy and tax


revenues are growing

Shortfall in state
revenues

How Mitigated in Georgia

Sluggish recovery compared to peers


Use of non-recurring revenues to balance
their budget
Revenue reductions not offset with spending
reductions
Underfunded retirement system

46

North Carolina Tax Reform Issues


Area

Cause

Loss of various
jobs/industries,
despite lowering the
income tax rates

As part of their tax reform, North


Carolina phased out many income tax
credits, including:

Film tax credits (in favor of a grant program)


Port activity credits
Other jobs-related credits

How Mitigated in Georgia

Film credits and other economic


development credits are not part of
the legislation.

47

Appendix III

Other Alcohol and


Tobacco Taxes

48

Beer Taxes
Beer Excise Tax

Though it has a complicated structure,


Georgias all-in rate for beer tax at $1.01 per
gallon is near the highest of other states in
the SE.

As such, the current proposal excludes


adjustments to the beer tax.

49

Wine Taxes
Wine Excise Tax

Though it has a complicated structure,


Georgias rate for wine tax at $1.51 per
gallon is near the highest of other states in
the SE. Mississippi is not a comparable due
to its status as a controlled state.

As such, the current proposal excludes


adjustments to the wine tax.

50

Spirits Taxes
Spirits Excise Tax

Several SE states, including 3 of our 5


border states, are controlled states and
thus difficult to use as a comparison for
taxation level.

However, Georgias all-in rate for spirits


tax at $3.79 per gallon is near the
highest of other non-controlled states
in the SE.

Although Georgias rate is near the


lowest of the SE states, the current
proposal excludes adjustments to the
spirits tax.

51

Other Tobacco
Excise Taxes on Other Tobacco

State
Alabama
Georgia
Kentucky
Louisiana
Virginia

Comparison of tax rates for other


tobacco products is difficult, as rates
can be based on either (1) a
percentage of wholesale price or (2)
an amount per ounce.

In addition, there can be exceptions


to the rates noted in the chart. For
example, Florida has a 60% surtax
on other tobacco products, but does
not have an excise tax on cigars.

The current proposal excludes


adjustments to Other Tobacco
excise taxes.

Cigars

Snuff

Other Smoking Tobacco

$0.03 - $0.405 / 10 cigars


23% wholesale price (c )
15% wholesale price
8 - 20% wholesale price
10% wholesale price

$0.02 - 0.08 / ounce


10% wholesale price
$0.0475 / ounce
20 - 33% wholesale price
$0.18 / ounce

$0.02 - 0.08 / ounce


10% wholesale price
15% wholesale price
20 - 33% wholesale price
10% wholesale price

Note(c ): Georgia taxes "Little cigars" at $0.25 / ounce for every 10 cigars.

52

Appendix IV

U.S. Industry Revenue for


Digitally-delivered Goods

53

Software Publishing Industry Revenue (total)


Software Publishing Industry Revenue

US Industry Revenue in millions

250,000

207,850
193,441

200,000

200,645

186,236

156,806

150,000

177,216

179,031

Actual
2013

Forecast
2014

161,744

145,425

142,717
138,981

100,000

50,000

0
Actual
2008

Actual
2009

Actual
2010

Actual
2011

Actual
2012

Forecast
2015

Forecast
2016

Forecast
2017

Forecast
2018

Source: Statista 2014 (US Census Bureau, 2008 to 2013)

54

US Industry Revenue in millions

Software Publishing, by category


(estimated amounts for digital)

Source: Statista 2014 (U.S. Census Bureau, 2008 to 2013)


Note: Assumes: 45% of sales are tax-exempt activities, 60% of taxable sales where delivery is digital,
thus no tax was collected, and 3% of revenue excluded to percent double counting of software apps.

55

Mobile Applications (Apps)


20,000
$18,178

18,000
$ 15,807

US Industry Revenue in millions

16,000
14,000

$ 13,745
$ 11,952

12,000
$ 10,393

10,000
8,000

$ 8,889
$ 7,643

6,000
4,000
2,000
0
Actual 2013

Forecast 2014
E-books

Forecast 2015
Games

Forecast 2016

Video Downloads

Forecast 2017

Music Downloads

Forecast 2018

Forecast 2019

Other

Source: Statista 2014 (from eMarketer, 2013)

56

E-Books
18,000

US Industry Revenue in millions

16,000

$ 16,168

$ 15,917

$ 15,666

$ 15,414

$ 15,219

$ 15,364

$ 15,584

$ 15,765

$ 15,949

$ 16,060

$ 16,243

$ 16,507

14,000
12,000
10,000
8,000
6,000
4,000
2,000
0
Actual
2008

Actual
2009

Actual
2010

Actual
2011

Actual
2012

Actual
2013

Forecast
2014

Printed & Audio Books

Forecast
2015

Forecast
2016

Forecast
2017

Forecast
2018

Forecast
2019

E-books

Source: Statista 2014 (from United States; PwC)

57

Digital Video Game Content


18,000
16,000

US Industry Revenue in millions

14,000
12,000
10,000
8,000
6,000
4,000
2,000
0
Actual 2011 Actual 2012 Actual 2013

Forecast
2014

Forecast
2015

Phyical

Forecast
2016

Forecast
2017

Forecast
2018

Forecast
2019

Digital

Source: Statista 2014 (NPD Group, 2011 to 2013)


Note: Forecast numbers for Physical video not available

58

Digital Music
8,000
$ 6,921

7,000

US Industry Revenue in millions

$ 6,408
$ 5,934

6,000

$ 5,494
$ 5,087

5,000

$ 4,710
$ 4,362
$ 4,053

4,000
3,000

$ 3,556
$ 2,689

$ 2,759

$ 2,681

Actual
2008

Actual
2009

Actual
2010

2,000
1,000
0

Single downloads

Actual
2011

Album downloads

Actual
2012

Actual
2013

Forecast
2014

Supscription / streaming

Forecast
2015

Ringtones

Forecast
2016

Forecast
2017

Music video downloads

Forecast
2018

Forecast
2019

Digital kiosk sales

Source: Statista 2014 (from RIAA, United States; 2008-2013)

59

Digital Magazine sales


7,000

US Industry Revenue in millions

6,000

5,000

4,000

3,000

2,000

1,000

0
Actual 2011

Actual 2012

Actual 2013 Forecast 2014 Forecast 2015 Forecast 2016 Forecast 2017 Forecast 2018 Forecast 2019
Printed

E-Subscriptions

Source: Statista 2014 (Audit Bureau of Circulation, 200 to 2011)

60

Digital Movie & Video distribution


1,200

US Industry Revenue in millions

1,000

800

600

400

200

Actual 2012

Actual 2013

Forecast 2014 Forecast 2015 Forecast 2016 Forecast 2017 Forecast 2018 Forecast 2019
Online subscription

Online transactional

Source: Statista 2014

61

You might also like