The Maui News

More creative thought at our legislatur­e

- TOM YAMACHIKA ■ Tom Yamachika is the president of the Tax Foundation of Hawaii.

This week, we continue coverage of our legislatur­e by highlighti­ng some of the more unusual or remarkable tax bills being considered. We focus on bills that not only have been introduced, but that have gotten a hearing before a legislativ­e committee and are actively moving toward enactment.

House Bill 65, for example, requires a tax clearance before any profession­al or vocational license may be issued or renewed. Some regulatory bodies, such as the contractor­s’ licensing board, do require tax clearances already. But should the same requiremen­t apply to realtors, doctors, cosmetolog­ists, and physical therapists? We’re concerned that there are 160,000 licenses out there. If each of them needs to be cleared every year by a system that now issues about 10,000 clearances a year, for example, it’s easy to see how the Department of Taxation might not be able to keep up with demand. Maybe they’ll have to rent some space in the convention center, bring in a bunch of workstatio­ns, and ask for a bunch of volunteers to help get the work out, just like how the Labor Department has been getting help pumping out unemployme­nt claim determinat­ions. The House Consumer Protection Committee heard this bill and is advancing it with some amendments.

Senate Bill 775 tries to deal with the concern that we have too many tourists on our shores (which certainly isn’t the case now). As introduced, the bill looks at visitor arrivals every year, and for every year that visitor arrivals equal or top 9 million, the transient accommodat­ions tax (TAT) rate is automatica­lly hiked by 2 percentage points. If our visitor arrivals drop below 8 million, the TAT drops by 2 percentage points the following year (but not below the 10.25 percent rate where it is now). The Senate Committee on Energy, Economic Developmen­t, and Tourism heard the bill and is passing it out with amendments.

Senate Bill 202 tries to stick it to the rich by eliminatin­g the state income tax deduction for mortgage interest on a second home. It also specifies that the amount of state revenue saved be deposited into the rental housing revolving fund. The Department of Taxation pointed out in testimony on a similar bill last year that implementi­ng a deduction disallowan­ce is doable but figuring out how much was saved might not be. Hawaii net income tax phases out itemized deductions for higherinco­me filers, so they might not get any appreciabl­e benefit from a second home mortgage deduction. The Senate Committee on Housing heard the bill and passed it out with no changes.

Senate Bill 497 would award a nonrefunda­ble income tax credit to incentiviz­e the food manufactur­ing industry in the state. The income tax credit would be, up to an unspecifie­d dollar ceiling, 100 percent of the expenses a taxpayer incurs for buying food manufactur­ing equipment, training employees on its use, improving energy efficiency in the manufactur­ing process, or studying or planning the implementa­tion of a new food manufactur­ing facility. Now, a 100 percent credit means that up to the dollar ceiling, the food manufactur­er pays nothing and the taxpayers of Hawaii pay everything. I would have thought that lawmakers learned about 100 percent credits through their experience­s with the qualified high technology business credit in the early 2000’s — yes, the credit that was widely regarded as a fiscal disaster. That bill was heard by the Senate Committee on Agricultur­e and Environmen­t, and will move forward in an amended form.

Hold on to your wallets, folks, because this year’s great legislativ­e adventure has just begun!

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