Tax Referendum Vindicated

Tax Referendum Vindicated

Salt Lake City, Utah – February 11, 2021 – Utah Tax Commission data vindicates last year’s historic sale tax referendum.

Shortly before Christmas 2019, Utah lawmakers passed a controversial Bill that sought to radically shift Utah tax policy by applying sales tax to a handful of services in Utah, as a first step to taxing all services. The Bill, which also re-instated the sales tax on food and imposed the sales tax to gasoline, was passed during a short special-session of the Legislature, over the objection of thousands of Utah citizens, and warnings by government economists that the data used to support the measure was false. In response, Utah citizens launched a historic referendum, gathering more than 120,000 signatures from around the State in just a few short weeks, prompting the legislature to overturn the law.

Lawmakers and the Governor’s office claimed that Utah was facing a sales tax “fiscal crisis,” and had no choice but to pass the controversial measure. And, in order to make their case, they deliberately disregarded huge amounts of online sales tax revenue.

A year later, actual sales tax data vindicates the referendum, and debunks the claim of crisis. Contrary to the dire predictions of government “experts,” Utah sales tax collections soared to all-time highs of nearly $3.1B during the 2020 fiscal year. Utah sales tax collections continue the decade long trend of growing nearly four times faster than Utah population. This, coupled with historic income tax collections, has produced billion-dollar surpluses for multiple years. Hardly the crisis predicted by elected officials.

It’s been said that the “whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by an endless series of hobgoblins, most of them imaginary.” H.L. Mencken. Such was the case for the sales tax debacle of 2019. Utah’s tax system is not broken. There is no need to impose a new tax on all services in Utah. Luckily, Utah referendum law allowed discerning Utah citizens to veto one of the worst pieces of tax legislation in Utah history

The Tax Cut That Isn’t!

Over the past year Utah legislators and Governor Herbert have provided multiple excuses for adopting radical and risky tax reform measures in our state.  Each of these excuses have been debunked as incorrect or greatly exaggerated. (See “Debunked Myths of Tax Reform“) The last excuse being advanced is the claim that the Tax Reform Bill will reduce Utah taxes by $160M over the next two fiscal years.  This, like all of the other excuses, is a myth.

The Tax Reform Bill is not a tax cut.  Base on analysis by Utah Legislative Watch, if allowed to stand, the tax reform bill will increase the tax burden on Utahans by $330 million dollars during fiscal years 2020 and 2021.  ULW’s research found that, in order to arrive at the claimed $160M tax saving figure, the Legislature has grossly underestimated the effect of new taxes and grossly overestimated, or misstated, the claimed income tax savings.

The most obvious error in the accounting is that it counts, as a tax cut, adjustments to our state income tax codes that are two years overdue. 

You may remember that the federal government passed sweeping tax reform in 2018.  Among other things, the new federal law eliminated personal exemptions.  Utah lawmakers failed to adjust for the federal changes, effectively raising Utah income taxes by $120M in 2018.  The legislature failed to act again in 2019, costing Utahans at least another $120M in increased income taxes.  The Tax Reform Bill finally makes the adjustments (effective for 2020) that are two years overdue.  Incredibly, however, the Legislature and our Governor are claiming that this long overdue correction is a $132M tax cut. 

Let’s do the math:

                2018 Increase due to Inaction:   $120M

                2019 Increase due to Inaction:   $120M

                2020 Increase if no Action:           $132M

                Action finally taken:                        ($132M)

                Total Effect                                         $240M  – (OVER-TAX SINCE 2018)

The claimed $160M tax cut is nothing more than a shell game.  By not honestly reflecting the effect of legislative inaction since 2018, our lawmakers and Governor have re-branded a $240M income tax increase into a claimed $132M tax cut.  This single adjustment, alone, debunks any claim that the Tax Reform Bill is a tax cut.  The Tax Reform Bill is radical, risky, and unneeded.  Contrary to claims made by the Legislature and our Governor, it is also a massive tax increase. Utah deserves better.

Keep My Voice Tax Reform Roundtable Produces Some Consensus.

Utah Legislative Watch Director, Brett W. Hastings, was honored to participate in a tax reform Round Table sponsored by Keep My Voice, a conservative organization founded to advocate for Utah’s historic caucus system. The panel included State Senator Curtis Bramble (R-Utah/Wasatch County), State Representative Robert Spendlove (R-Salt Lake County), and State Auditor John Dougal. Other panel members included Rusty Cannon, Vice President of the Utah Taxpayers Association, and tax attorney Spencer Evans. The parties appeared to come to a consensus that, although Utah’s tax system can be improved, Utah is not facing a tax crisis, and implementing a broad sales tax on services is risky, and the least desirable of all the potential ideas proposed to reform Utah’s tax system. Watch the full roundtable here.

Collusion Between Executive and Legislative Branches is Troubling

The St. George News runs a story on Utah Legislative Watch’s concern about collusion between Utah’s Executive and Legislative branches of government.

Utah Legislative Watch is in the process of reviewing hundreds of pages of documents and communications requested from both the Legislative and Executive Branches of our State government. The information requests, filed under Utah’s Government Records Access and Management Act (“GRAMA”) were issued to reveal who commissioned and paid for the very one-sided propaganda materials presented by the Tax Reform Task Force. These materials suggest that Utah’s tax system is broken and must be fixed, an assertion not supported by Utah tax data.

Although a complete review has not yet been completed, one disturbing fact that has emerged is that the information was commissioned and paid for by the Governor’s Office of Management and Budget (Utah’s Executive Branch) and was then provided to the Legislative Tax Reform Task Force for dissemination across the State.

As more fully detailed in an article by the St. George News, Utah Legislative Watch is questioning why our Executive and Legislative branches of government colluded to produce a very one-sided, and misleading, message.

Collusion between our Executive and Legislative branches of government should be troubling to all Utahans. The three branches of government are are specifically designed to act as a check and balance on each other. They should not collude to spin a message to convince the public that a crisis exists, when one does not. Government and politics is an area of ideas. If data and messaging are manipulated, there can be no fair debate. Without a fair debate, only bad policy will follow.

Questionable Tax Reform Materials Commissioned by Governor’s Office. Legislature Demands Payment to Release Records.

Tax Reform Task Force presenting information created by Penna Powers, Inc. claiming that Utah’s tax system is broken; a claim that has been challenged by citizen groups and the Chief Economist of the State Auditor’s Office.

Utah Legislative Watch (“ULW”) has confirmed that the polished brochures, video, and website, marketed under the moniker, and presented in eight public meetings around the State by the Tax Reform Task Force, was commissioned and paid for by the Governor’s Office of Management and Budget.

“Ever since the information was presented by the Task Force at the first meeting in Brigham City, we have wondered where it came from, who produced it, and for what reason,” said Brett Hastings, Director of ULW.

In an effort to answer these questions, Utah Legislative Watch issued information requests to the Utah House of Representatives, Utah Senate, the Legislative Office of Fiscal Analyst, as well as the Governor’s Office, under Utah’s Government Records Access and Management Act (“GRAMA”). 

Although the requested documents have yet to be released, the Records Officers of both the Utah House and Senate confirmed to ULW that the information was produced by Penna Powers, Inc., a local marketing and public relations firm, at the request of the Governor’s Office of Management and Budget.

“We are anxious to receive the requested documents from the Legislature and the Governor’s Office,” said Tenna Hartman, a co-founder of ULW, “the problem is the Legislature is demanding thousands of dollars before they will release the information.” 

In an effort to raise the funds demanded by the Legislature, ULW recently launched a Go Fund Me campaign asking for donations to secure release of the requested documents.  “All of the funds will be used only to pay the amounts demanded by the Legislature for the GRAMA requests,” said Ms. Hartman, “It’s really disturbing that Utah taxpayers have to pay for information from our government that should be provided for free.”

ULW was one of the first citizen groups to raise doubts about the Penna Powers materials that claim Utah’s tax system is outdated and must be reformed.  “The information commissioned by the Governor’s Office of Management and Budget was clearly not designed for a ‘listening tour,’” commented Hastings, “It is basically propaganda designed to convince Utah Citizens that Utah is facing an imminent fiscal crisis.  Nothing could be further from the truth.”

Utah Legislative Watch is not alone in this opinion.  On July 8, 2019, David Stringfellow, the Chief Economist of the State Auditor’s Office, in his role as a private citizen, publicly warned the Tax Reform Task Force that the Stronger Futures Utah information was faulty.  Mr. Stringfellow, a respected and seasoned expert in Utah fiscal matters, explained that, contrary to the information being presented, Utah’s tax system already scales with population growth and a shift from purchase of goods to services was not the problem.  Most notably, Mr. Stringfellow stated that “Utah’s fiscal house will not collapse in the near or far future.   While the video is compelling, its main weakness is in that it’s wrong.  It’s a bad forecast.”  

Despite this warning, the Task Force continued to tour the State and present the questionable Penna Powers marketing materials to the public with no mention of any dissenting opinions.

ULW is also raising questions about the propriety of using, the official website of the State of Utah, to disseminate the Penna Powers information to the Utah public.  “Using Utah’s official website to spread the Penna Powers materials gives the false impression that everyone in our State government agrees that Utah’s tax system is outdated.  This simply isn’t true.” Hastings said.

ULW expects to confirm the cost of the Penna Powers materials once the requested documents are received from the Utah Legislature and Governor’s Office of Management and Budget.  “I anticipate the cost will be in the hundreds of thousands of dollars,” said Hastings. “This should be concerning to every Utah citizen since it appears that our tax dollars have been used to produce a one-sided message to convince us that our government needs to tax us more.”

ULW also hopes the GRAMA documents will shed light on how, and why, the Legislature and the Governor’s Office appear to have colluded in developing and presenting the one-sided Penna Powers materials during the Task Force’s listening tour of the State.

Chief Economist of State Auditor’s Office Says Utah’s Tax System NOT Broken.

Ever since the very first meeting of the Tax Reform Task Force in Brigham City, Utah on June 25th, Utah Legislative Watch has been raising the alarm about misinformation and group-think being used to push a false message that Utah’s tax system is broken.

We aren’t the only one with this opinion. On July 8, 2019, David Stringfellow, the Chief Economist of the State Auditor’s Office, in his role as a private citizen, publicly warned the Tax Reform Task Force that the Stronger Futures Utah information was faulty.  Stringfellow says the information being pushed by the Tax Reoform Task Force is “wrong” and “a bad forecast.” Link to Salt Lake Tribune article is provided below.