The Boston Globe

A tax relief bill — at last

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It took nearly two years of legislativ­e wrangling, but for the first time in more than 20 years, Massachuse­tts taxpayers can expect to hang on to a little more of what they’ve earned and businesses can expect a few breaks aimed at making the state more competitiv­e. The process wasn’t always pretty — this week’s exercise in collective backslappi­ng notwithsta­nding — and a couple of ill-advised policy changes thrown into the mix merit a gubernator­ial line-item veto. Still, a $1 billion tax relief bill is something to celebrate.

Tax cut legislatio­n — initially filed by Governor Charlie Baker before his term ended and then by Governor Maura Healey this January, fulfilling her campaign pledge — was always a combinatio­n of targeted tax breaks for working families and low-income residents and tax reforms aimed at ending the state’s outlier status on the estate tax, taxation of short-term capital gains, and the single sales factor applied to business taxes. And this final version has succeed in accomplish­ing that.

The bill now on the governor’s desk increases the child and dependent care deduction, eventually raising the deduction to $440 per dependent, and eliminates the cap on eligible dependents, making it, lawmakers say, the most generous in the nation and one that will benefit 565,000 Massachuse­tts families. It also increases the earned income tax credit, the senior circuit breaker for low-income home owners, and the rental deduction for low-income renters.

The bill makes a one-time increase in the Housing Developmen­t Incentive Program from $10 million to

$57 million this year and $30 million in subsequent years, intended to spur some $4 billion in private developmen­t in Gateway Cities. Lawmakers say the money is expected to create some 12,500 new homes in those communitie­s.

The state’s lowest-in-the-nation threshold for the estate tax (Massachuse­tts is one of only 12 states that actually levy an estate tax) was increased from $1 million to $2 million via a $99,000 tax credit. Lawmakers made a start — but only a start — on lowering the tax on shortterm capital gains from 12 percent to 8.5 percent. Healey wanted it lowered to the same 5 percent as regular income — and the House earlier proposed to do that over three years. Given that Massachuse­tts is one of only three states that tax short-term gains more than regular income, this is an issue that should be revisited next year.

Reform of the single sales factor — the way the state apportions business taxes — will put Massachuse­tts in line with 39 other states. And that too will help make it more competitiv­e.

But lawmakers went astray by venturing into policy areas with the potential to invite a constituti­onal challenge.

The bill includes an effort to close what some in the Legislatur­e now insist is a “loophole” in the recently enacted millionair­es tax that allows Massachuse­tts taxpayers to file separately if a joint filing would tip them into “millionair­e” status, even if they file jointly at the federal level. That, of course, wasn’t the way the ballot question on the 4 percent surtax on high earners was pitched to voters. But beyond the disingenuo­usness of Massachuse­tts Fair Share’s approach is the very real question of whether a state can force spouses to file a joint tax return. The Massachuse­tts High Technology Council called the provision “troubling.”

But the council had even harsher words for the legislativ­e effort to change any future rebates to taxpayers under a little-used voter-approved tax revenue growth measure known as 62F. The rebate law has only kicked in twice since it was passed in 1986. But last year’s $3 billion in rebates caused a huge legislativ­e kerfuffle. The rebates were remitted to taxpayers based on how much they paid in taxes. Now lawmakers want those rebates paid in equal amounts to taxpayers regardless of how much they paid in taxes — and that looks an awful lot like a back door to a graduated income tax, something expressly prohibited by the state constituti­on.

In a memo prepared for the High Technology Council last May, when this idea first raised its ugly head, a lawyer at Goodwin Procter advised that “the proposed amendment would result in dramatical­ly different effective tax rates for taxpayers at different income levels” and “would violate Article 44’s uniformity requiremen­t.”

The House speaker, blindsided by last year’s rebates and clearly still smarting from the experience, ought not to be allowed to attempt an end run around a voterpasse­d law and the constituti­on.

Healey should save the state the time and effort of the inevitable legal challenge both of these provisions will touch off and use her veto pen on both attempts at circumvent­ing voter-approved laws. Surely that won’t mar the equally inevitable celebratio­n over a tax package long in the making and much needed by the people and businesses truly in need of a break.

 ?? JOHN TLUMACKI/GLOBE STAFF ?? The tax bill now on the governor’s desk increases the child and dependent care deduction, eventually raising the deduction to $440 per dependent, and eliminates the cap on eligible dependents.
JOHN TLUMACKI/GLOBE STAFF The tax bill now on the governor’s desk increases the child and dependent care deduction, eventually raising the deduction to $440 per dependent, and eliminates the cap on eligible dependents.

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