Boston Herald

MILLIONAIR­E TAX CLEARS HURDLE

Measure could find new success as amendment

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Meet the new millionair­e tax: It’s the same as the old millionair­e tax that was rejected on constituti­onal grounds by the Supreme Judicial Court — keeping it off the 2018 ballot — with one key difference.

By using a different legislativ­e procedure this time around, supporters of the measure that would raise money for education and transporta­tion through a surtax on Massachuse­tts’ wealthiest taxpayers are confident they can skirt the state high court’s objections and place the measure before voters.

Dubbed the Fair Share Amendment by its backers, though often referred to as the millionair­e tax, the proposal required a change in the state constituti­on. That’s because of the current stipulatio­n that income taxes be levied at a “uniform” orflatrate— unlike the graduated income tax on the federal level.

The amendment seeks to add a 4 percent tax on the portion of an individual’s annual income that exceeds $1 million.

Using the initiative petition process, the organizati­on Raise Up Massachuse­tts collected more than 150,000 voter signatures to bring the measure before the Legislatur­e. It qualified for the November ballot by winning sufficient support from lawmakers in two successive biennial sessions.

The high court, deciding a lawsuit brought by several business-backed groups, ruled last May that the proposal violated the “relatednes­s” clause in Article 48 of the constituti­on, which establishe­d the rules for citizen-initiated ballot questions.

In the 5-2 decision, the justices said the surtax and the language directing revenues to be used for transporta­tion and education were not “mutually dependent,” thereby creating a

possible conundrum for voters. If, for example, someone favored the tax but opposed earmarking it for specific purposes, that voter would be “in the untenable position of choosing which issue to support and which must be disregarde­d.”

Disappoint­ed backers of the surtax blamed a “few wealthy corporatio­ns and their lobbyists” for blocking the amendment and the potential $2 billion in new revenue it would generate.

As a legislativ­e amendment, as opposed to an initiative petition, supporters are confident that even with identical wording it would not be subject to the relatednes­s clause or other legal restrictio­ns on ballot initiative­s.

That assessment is not disputed by opponents of the millionair­e tax.

Critics will instead argue against the measure on poli- cy grounds. Fluctuatio­ns in the income of the state’s wealthiest taxpayers resulting from dividends, capital gains and other factors would make the tax an unstable revenue source for the state, Eileen McAnneny, president of the Massachuse­tts Taxpayers Foundation, said.

Other opponents have said the tax could steer entreprene­urs and their businesses away from Massachuse­tts.

The new proposal has been referred to the Legislatur­e’s Revenue Committee for a public hearing.

Approval by a majority of lawmakers would be needed in two successive Legislatur­es, in contrast to the earlier initiative petition procedure in which the support of only 25 percent of lawmakers was required to advance the measure to the ballot.

 ?? STUART CAHILL / BOSTON HERALD FILE ?? SECOND CHANCE: Supporters of the Fair Share Amendment, or millionair­e tax, are hoping the measure finds success in the State House this time as a legislativ­e amendment, as opposed to an initiative petition.
STUART CAHILL / BOSTON HERALD FILE SECOND CHANCE: Supporters of the Fair Share Amendment, or millionair­e tax, are hoping the measure finds success in the State House this time as a legislativ­e amendment, as opposed to an initiative petition.

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