Earlier this week the House released its smorgasbord of tax increases to help fill the $2.8 billion budget deficit. Largely lost among the 150+ pages of HB 3191 are sections 2101 and 2102, which would cap the investment income B&O deduction for non-financial institutions at $250,000 and tax any returns above that at 1.5% (the highest B&O rate).
As of now there is no cap on how much a non-financial business may deduct. According to the Department of Revenue (page 113), this deduction is "provided for interest, dividends and capital gain income earned by persons who are not engaged in banking, loan, security or other financial business." Basically, unless your business makes more than 50% of its revenue through loan income, you qual!
ify for this deduction.
DOR also says that "The B&O tax is intended to apply for the privilege of engaging in business. This deduction reflects the perspective that investment income by nonfinancial firms is not considered as engaging in business."
Finally, DOR says that revenue could be increased through repealing this deduction but "compliance might be problematic." The Department does not elaborate on what kind of problems could be expected.
Much of the concern revolves around "what qualifies as investment income?" For a business, non-profit, or other corporate entity, it is wise (and usually required) to have liquid assets invested in some form of interest-bearing vehicle; aka savings account. This may sound simplistic but just as most households hopefully have money stashed away for emergencies or a rainy day, businesses and non-profits similarly hold onto a reserve account as a similar precaution. This !
money is often set aside into various accounts that pay intere!
st.
Chances are, unless you have a large business or non-profit organization, your reserves are not earning more than $250,000 in interest. Using some simple math and assuming a 4% rate of return (remember when financial analysts used to use 8%?) a business would have to have about $6.25 million in reserves to hit the $250,000 level.
Now, you might say, "hey, $6.25 million is a lot of money," and to an individual citizen it may be. But many businesses have far far more than that on hand. Heck, over in Redmond, Microsoft has over $30 billion cash and cash equivalents on hand. They are not a business that makes money off of loans and investment income, but they probably pull in a tidy sum just from their reserves. Still in question is whether universities, most of which have substantial endowments, would continue to be exempt as well. As an aside, the
a href="http://f2.washington.edu/treasury/sites/default/files/1q10bor.pdf" target="_blank">University of Washington's Consolidated Endowment Fund is a little under $2 billion. And don't forget about the mother of all non-profits, the Gates Foundation, with cash and other investments totalling over $30 billion.!
Also still questionable is how Venture Capital would be affected. Washington VC firms invested over half a billion from Q3 2008 to Q2 2009. That's 7th most in the nation, but 4th most per capita. High levels of VC funding is one of the reasons why Seattle continues to attract high-tech firm startups. How would these investments in future companies be affected by this tax increase? We don't yet know that either.
House Democrats expect to raise $58 million from this proposal during the remainder of the current b!
iennium (until June 30, 2011) and $126 million during the 2011-13 bienn!
ium. The plan is to link the money raised from capping the deduction to various education expenditures such as smaller class sizes and levy equalization.
The reality is that any tax increase, whether through repealing "loopholes" or raising rates, will have a detriment effect on somebody. This is why WPC has been advocating for reining in government spending for years, so that policymakers wouldn't have to choose winners and losers in the tax policy game.