Total State And Local Business Taxes - Ernst & Young

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Total stateand localbusiness taxesState-by-stateestimates for FY18October 2019

Executive summaryThis study presents detailed state-by-state estimatesof the state and local taxes paid by businessesfor FY18. It is the 17th annual report prepared byErnst & Young LLP in conjunction with the CouncilOn State Taxation (COST) and the State Tax ResearchInstitute (STRI).Businesses paid more than 781 billion in state and localtaxes in FY18, an increase of 6.1% from FY17. Statebusiness taxes increased by 7.1%, and local business taxesgrew by 5.1%. In FY18, business tax revenue accounted forapproximately 43.5% of all state and local tax revenue.The state and local business tax estimates presented inthis study reflect tax collections from July 2017 throughJune 2018 in most states.1 These include businessproperty taxes; sales and excise taxes paid by businesseson their input purchases and capital expenditures; grossreceipts taxes; corporate income and franchise taxes;business and corporate license taxes; unemploymentinsurance taxes; individual income taxes paid by owners ofnoncorporate (pass-through) businesses; and other stateand local taxes that are the statutory liability of businesstaxpayers.Key findings of the study include that: Business property tax revenue increased by 5.2% inFY18, a gain of 14.6 billion. Property taxes remain byfar the largest state and local tax paid by businesses,accounting for 38.0% of the total state and local taxesthey paid. Property taxes are also by far the largest localtax paid by businesses, representing 76.2% of all localtaxes they paid. General sales taxes on business inputs and capitalinvestment totaled 166.9 billion, or 21.4% of stateand local business taxes. These sales taxes paid bybusinesses increased by 5.6% in FY18.2 Sales taxeson business inputs are the largest state tax paid bybusinesses (31.6% of all state taxes paid by businesses). Corporate income taxes rose after two consecutiveyears of decline, largely because of the enactment offederal tax reform (the Tax Cuts and Jobs Act, or TCJA)in December 2017 that increased taxable income inmany states. In FY18, state and local corporate incometaxes totaled 66.2 billion, or 8.5% of all state andlocal business taxes, up 6.7% from FY17. The increaserelating to state conformity with federal tax reformreflects the impact of only one-half of a year of revenues(the first six months of 2018) and can be expected torise even more in FY19. Certain statewide gross receiptstaxes levied in lieu of corporate income taxes areincluded in this measure. Individual income taxes on pass-through businessincome accounted for 6.4% of total state and localbusiness taxes. State and local individual incometaxes on business income increased by 15.7% fromFY17. Approximately half of the 6.7 billion increasein individual income taxes on pass-through businessincome was concentrated in two states — California andNew York. Since these states’ fiscal years end in Marchor June, the impact of TCJA on FY18 individual incometax revenue was limited. Severance taxes increased from 8.9 billion in FY17 to 12.7 billion in FY18, an increase of 42.2%. A majorityof the increase in severance taxes occurred in Texas,following higher oil prices during FY18. FY18 state and local business taxes were equal to 4.7%of the total US private-sector gross state product (GSP),which measures the total value of a state’s annualprivate-sector production of goods and services. Therewas substantial variation across states, with taxesranging from 3.4% to 9.0% of private-sector GSP. On average, businesses are continuing to pay more instate and local taxes than they receive in benefits. ForFY18, businesses paid 3.28 of taxes for every dollarof government spending benefiting businesses, onaverage, assuming that in-state education spendingdoes not benefit in-state businesses. Under an alternateassumption, that half of in-state education spendingbenefits in-state businesses, businesses paid 1.17for every dollar of government spending benefitingbusinesses.Total state and local business taxes 1

Total state and local businesstaxes in FY18Businesses paid 781.5 billion in total state and localtaxes in FY18, as presented in Table 1.3 This sectiondescribes the business taxes in more detail andhighlights the key results. As shown in Table 1 and Figure 1b, property taxrevenue on real and personal property owned bybusinesses accounts for the largest share of totalstate and local business tax revenue — 38.0% (or 297.3 billion) in FY18. Business property taxrevenue increased by 5.2% in FY18, the sixthtime since FY09 that the growth rate has beensubstantially higher than 1%. Figure 2 showsbusiness property tax revenue as a share oftotal property tax revenue in FY18. Of the 547.8 billion of total property tax revenue, 54%( 297.3 billion) of the collections were taxes onbusiness property. General sales and use tax revenue derived frombusinesses on purchases of inputs, includingcapital equipment, totaled 166.9 billion, or21.4% of all state and local business taxes. Generalsales and use tax revenue derived from businessincreased 5.6% overall. Sales and use taxescollected on sales to final consumers are excluded;only the taxes paid on businesses’ operating inputsand capital equipment purchases are included inthe total business tax estimates.4 Figure 2 displaysgeneral sales tax revenue on business inputs asa share of total state and local general sales taxrevenue. In FY18, 42% of total sales tax revenuewas from sales tax on business inputs.Table 1: Total State and Local Business Taxes, FY17–18 ( billions)Business taxProperty taxes on business propertyGeneral sales taxes on business inputsCorporate income taxIndividual income tax on business incomeExcise taxesUnemployment insuranceBusiness and corporate licensePublic utility taxesInsurance premium taxesSeverance taxesOther business taxesTotal state and local business taxesFY17FY182018 % total taxesOne-year change 282.7158.162.043.043.240.137.025.521.88.913.9 736.4 297.3166.966.249.748.338.137.925.823.412.715.1 %8.8%6.1%Note: FY17 tax estimates are revised from the COST FY17 study because of newly released data from the U.S. Census Bureau (see Appendix for moreinformation). Amounts may not sum because of rounding.Source: Ernst & Young LLP estimates based on data from the U.S. Census Bureau Annual Survey of State and Local Government Finances.2

State and local corporate income tax revenuewas 66.2 billion in FY18, an increase of 6.7%from FY17. Federal tax reform is expected tosignificantly impact state corporate income taxcollections due to the federal TCJA, which wassigned into law in December 2017 and impactedstate corporate income tax collections in FY18.The TCJA’s provisions expanded taxable corporateincome at the federal level, which broadenedthe tax base in many states and is expected toincrease corporate income tax collections forseveral years. Most of the TCJA provisions thatstates conformed to take effect in tax yearsbeginning on or after January 1, 2018, which washalfway through FY18 for most states. Thus, theimpact of the expanded corporate tax base is onlypartially reflected in FY18 revenues.5 Corporateincome taxes remain a relatively small percentageof total state and local tax collections from bothbusinesses and households (see Figure 1a andAppendix Table A4). Ohio’s commercial activity tax, Texas’ margin tax,New Hampshire’s business enterprise tax, Nevada’scommerce tax, and Washington’s business andoccupation tax are included in corporate incometax revenue. These taxes are based on grossreceipts or modified gross receipts and constitutethe primary business entity tax in each state.Corporate income taxes remain a relatively smallpercentage of total state and local tax collections,from both businesses and households (see Figure1a and Appendix Table A4). Individual income taxes paid by owners ofpass-through entities (e.g., partnerships, soleproprietorships, limited liability companies andS corporations) totaled an estimated 49.7 billionin FY18, an increase of 15.7% from FY17. At thefederal level, taxpayers reporting pass-throughentity income are entitled to a deduction equal to20% of their pass-through income, but most statesdo not conform to this provision. A majority ofthe increase in individual income taxes on passthrough income occurred in California and NewYork. Individual income taxes from pass-throughbusiness income represent 6.4% of total state andlocal business taxes.Figure 1a: Composition of total state and localtaxes on businesses and households, FY1830.5 21.3 nnnnnProperty taxesSales taxesExcise, utility and insurance taxesCorporate income taxUnemployment insurance taxIndividual income taxBusiness license, severance andother business taxesFigure 1b: Composition of total state andlocal business taxes, FY1839.1 21.4 12.58.46.44.9D4.9%8.4%38.0%6.4%8.4%12.5%21.4%Taxes on business propertySales taxes on business inputsExcise, utility and insurance taxesCorporate income taxUnemployment insurance taxIndividual income tax on businessincomen Business license, severance andother business taxesnnnnnnNote: amounts may not sum because of rounding.Source: Ernst & Young LLP estimates based on data from the U.S. Census Annual Survey of Bureau State and Local Government Finances.Total state and local business taxes 3

Excise taxes paid by businesses totaled an estimated 48.3 billion in FY18. Excise taxes attributed to businessesinclude a portion of motor fuel taxes and other excisetaxes, such as taxes on hotel and rental car expendituresby businesses, as well as health care provider taxes on therevenue of hospitals and other providers of health services. Public utility tax revenue declined for five years (from FY12to FY17), but then increased by 1.2% to 25.8 billion in FY18because of significant increases in Florida and Nevada. Thesetaxes are generally based on business gross receipts, andbecause they are often levied in lieu of property or corporateincome taxes, they are allocated solely to businesses. Employer contributions to unemployment insurance(unemployment taxes) were 38.1 billion in FY18, a decreaseof 2.0 billion, or 5.0%, from FY17. This is the fifth year thatunemployment tax collections have declined since FY08, aresult of most states having replenished their unemploymentinsurance funds and paid outstanding debts to the federalgovernment. Declining unemployment tax revenues in NewYork, New Jersey, North Carolina and Florida accounted forover 1.3 billion of the cumulative 2.0 billion decrease. Taxes on insurance premiums totaled 23.4 billion in FY18,an increase of 7.1% from FY17. Business and corporate license tax revenue totaled 37.9 billion, an increase of 2.2% from FY17. In FY18,business and corporate license tax revenue contributed to4.8% of total state and local business tax collections. State and local severance taxes increased by 3.8 billion,or 42.2%, in FY18 to 12.7 billion. Texas, North Dakota andAlaska account for most of the increase, with Texas providing 2.0 billion of it. Severance taxes declined in Kentucky, SouthDakota and Arkansas. Other state and local business taxes, including motor vehiclelicense tax and documentary and stock transfer tax, totaled 15.1 billion in FY18, an 8.8% increase from the previousyear.Figure 2: State and local business taxes ( billions) as a share of total tax collections — FY1844 56 D 54 46 D 44 56 DAll taxes (total: 1,795.2) 1,013.956%Sales taxes (total: 399.8) 232.758%Property taxes (total: 547.8) 250.446% 166.942% 781.444% Business share Household shareNote: amounts may not sum because of rounding.Source: Ernst & Young LLP estimates based on data from the U.S. Census Bureau Annual Survey of State and Local Government Finances.4 297.354%

Classifying business taxesThis study generally defines business taxes as thosethat are the legal liability of businesses. Certain taxescollected by businesses, such as excise taxes ontobacco and alcohol, and sales taxes on householdpurchases are not included. In addition, individualincome tax on pass-through business income isincluded as a legal tax liability of business owners.The business taxes included in this analysis are: Unemployment insurance (UI) taxes paid byemployers Property taxes paid by businesses on real andpersonal property; taxes on income-generating,residential rental property are treated as businesstaxesIn most states, the corporate income tax is theprimary tax levied specifically on business entities,but other types of taxes are used in several states.Nevada, Ohio, Texas and Washington levy a tax basedon gross receipts in place of a traditional corporateincome tax. In addition, New Hampshire’s businessenterprise tax is levied on a value-added baserather than income. This analysis considers grossreceipts and value-added business entity taxes ascorporate income tax revenue since the taxes act asan alternative to the corporate income tax in thesestates. Many states also levy franchise taxes basedon the capital stock or net worth of a business. Asshown in Table 1 and figures 1a and 1b, businessespay more in property and sales taxes than they doin specific corporate income, franchise or grossreceipts taxes. General sales taxes paid by businesses onpurchases of goods and services used inproduction; sales taxes on final goods paid byconsumers are not included A portion of excise taxes, such as businesses’ shareof motor fuel taxes and other selective sales taxes Corporate income taxes Taxes on insurance premiums and utility grossreceipts, which are in some cases levied in lieu ofother business entity taxes Individual income taxes on pass-through businessincome; taxes withheld on employee earnings arenot considered business taxes Business licenses, including general businesslicenses, specific industry and occupationallicenses, and commercial motor vehicle licenses Severance taxes on mining, natural gas, oil andother natural resourcesTotal state and local business taxes 5

State vs. local businesstaxes in FY18State business tax revenue grew by a higherpercentage than local business tax revenue betweenFY17 and FY18. Tables 2a and 2b provide dollaramounts, percentage distributions and growth ratesin FY18 for total business taxes at the state and locallevels of government. Total state and local businesstax revenues increased by 45.1 billion in FY18,after growing by 14.8 billion in FY17 from theprior fiscal year (see Appendix Table A2). In FY18,state business tax revenue grew by 7.1%, and localbusiness tax revenue grew by 5.1%.At the state level, business tax revenue increasedby 7.1%, or 26.9 billion, from FY17 to FY18. Salestaxes on business inputs, which made up 31.6% ofstate business tax revenue in FY18, increased by5.4%, or 6.6 billion, from FY17. Severance taxesincreased by 3.7 billion, an increase of 42.5% inFY18. Corporate income taxes increased 7.1%, whileindividual income taxes on pass-through businessincome increased 16.3% in FY18. Unemploymentinsurance tax revenue decreased by 2.0 billionin FY18.6The largest local tax that businesses pay, businessproperty taxes, increased by about 14.0 billion,or 5.2%, from FY17 to FY18. Local sales taxes onbusiness inputs increased by 6.2%, while excise taxesincreased by 5.1% and public utility taxes by 2.4%.Local business taxes grew by a total of 18.3 billionin FY18.Tables 2a and 2b demonstrate that the compositionof state business taxes differs significantly frombusiness taxes at the local level. Table 2a shows thepercentage distribution of state business taxes bytax type; Table 2b shows the distribution of localbusiness taxes by tax type. While state business taxrevenues draw on a relatively broad set of sources,local governments rely heavily on property taxrevenue, which made up 76.2% of local businesstaxes in FY18. The largest business tax at the statelevel — the sales and use tax — accounted for 31.6%of state business tax revenue in FY18.

Table 2a: State Business Taxes, FY17–18 ( billions)State businesstaxes, FY17State businesstaxes, FY18% total statebusiness taxes 121.9 128.531.6%5.4%Corporate net income 54.2 58.114.3%7.1%Individual income tax 39.2 45.611.2%16.3%Excise taxes on business inputs 35.7 40.510.0%13.3%Unemployment insurance 40.1 38.19.4%-5.0%Business license tax 24.0 24.46.0%1.6%Insurance premium tax 21.0 22.55.5%7.2%Severance taxes 8.9 12.63.1%42.5%Public utility tax 12.6 12.53.1%-0.1%Property tax on business property 10.9 11.52.8%4.9%Other business taxes 11.1 12.13.0%9.8% 379.6 406.5100.0%7.1%Business taxGeneral sales and use tax on inputsTotal state business taxesOne-year growth,state business taxesNote: amounts may not sum because of rounding.Source: Ernst & Young LLP estimates based on data from the U.S. Census Bureau Annual Survey of State and Local Government Finances.Table 2b: Local Business Taxes, FY17–18 ( billions)Business taxProperty taxes on business propertyLocal businesstaxes, FY17Local businesstaxes, FY18% total local businesstaxesOne-year growth,local business taxes 271.8 285.876.2%5.2%General sales taxes on business inputs 36.2 38.410.2%6.2%Public utility taxes 12.9 13.23.5%2.4% 7.5 7.92.1%5.1% 28.4 29.67.9%4.5% 356.7 375.0100.0%5.1%Excise taxes on business inputsOther business taxes*Total local business taxes* Includes local corporate income taxes.Note: amounts may not sum because of rounding.Source: Ernst & Young LLP estimates based on data from the U.S. Census Bureau Annual Survey of State and Local Government Finances.Total state and local business taxes 7

State-by-state businesstax collectionsFigure 3 shows the state-by-state change in total stateand local business taxes between FY17 and FY18.States with significant tax changes in FY18 and trendsin business tax collections are described below. Rhode Island saw the largest decline in businesstaxes, with a 2.1% decline in FY18. Corporateincome taxes declined 9% in Rhode Island. On the other end of the spectrum, Alaska had thelargest increase in state and local business taxcollections, with a 25.2% increase, followed by NorthDakota, with a 22.4% increase. In both states, theincrease was due to severance tax revenue. In 2018, business property taxes increasedsubstantially for the eighth year in a row since2010. Almost half of the 14.6 billion in increasedproperty tax revenue came from gains in fourlarge states: Texas ( 2.4 billion), California( 1.8 billion), New York ( 1.4 billion) and Florida( 1 billion). Nationally, business property taxrevenue increased by an average of 5.2%, but for36 states, this revenue grew at a slower rate. Texashad the largest dollar increase in business propertytax revenue, collecting 2.4 billion more than in2017. Washington had the highest growth rate forbusiness property tax revenue, increasing by 12.2%.8 Indiana’s corporate income tax revenue fell by 32%between FY17 and FY18. The state’s rate decreasedfrom 6.5% to 6.0% in FY18 and is set to decrease byat least a quarter of a percentage point each yearthrough 2021 until it reaches 4.9%. Connecticut’s corporate income tax revenuedeclined by 13.3% in FY18 after the corporate taxsurcharge decreased from 20% to 10%. Nationally, state and local business tax revenuederived from individual income tax on pass-throughincome increased by 15.7% in FY18. Gains in sales tax collections on business inputswere concentrated in Florida and Texas, with eachstate seeing increases over 2 billion. Of the 45states with a state sales tax, 34 experienced anincrease in sales tax collections.Table 3 presents state and local business taxcollections by tax type and state. The results show thatstates vary widely in the composition of their businesstax structures, which has implications for revenuegrowth and stability in each state

far the largest state and local tax paid by businesses, accounting for 38.0% of the total state and local taxes they paid. Property taxes are also by far the largest local tax paid by businesses, representing 76.2% of all . local. taxes they paid. General sales taxes on business inputs and capital investment totaled 166.9 billion, or 21.4% .

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