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February - Tennessee Education Association

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Where Has All the Money Gone?<br />

By Melissa Brown<br />

As we prepare to file our taxes, comparing<br />

our effective tax rates with those of<br />

presidential candidates and high networth<br />

individuals, it’s quite easy to<br />

tune into the national conversation<br />

as corporate tax loopholes come<br />

under scrutiny. In discussions about the economy<br />

nationwide, we hear that the fiscal situation at home<br />

in <strong>Tennessee</strong> and with the federal budget are getting<br />

more dire. The growing income disparity further<br />

erodes the already shrinking middle class, pointing<br />

out the disproportionate burden being placed on<br />

working families. Meanwhile, corporations continue<br />

to exploit loopholes in the tax code and avoid shared<br />

responsibility. The analysis below is an attempt to<br />

answer the question: What is the impact of corporate<br />

tax loopholes?<br />

Lost State Revenue<br />

A December 2011 study by the Citizens for Tax Justice<br />

and the Institute on Taxation and Economic Policy<br />

reported on the state and local income tax payments of<br />

265 profitable Fortune 500 companies.<br />

The report focused on 265 Fortune 500 companies<br />

that fully disclosed their tax payments, finding the<br />

following:<br />

• 68 companies paid no state income tax at all in<br />

at least one year from 2008 through 2010 and 16 of these<br />

companies had multiple no-tax years.<br />

• In 2009, 32 companies paid no state income tax.<br />

• The corporations were able to avoid a total of<br />

$42.7 billion in state corporate income taxes from 2008<br />

through 2010. U.S. profits totaling $1.33 trillion were<br />

reported to shareholders. Paying the 6.2 percent average<br />

state corporate tax rate, the corporations would have<br />

paid $82.6 billion in state corporate income taxes over<br />

the 2008-10 period. Instead, they paid only $39.9 billion.<br />

The companies used in the study operate throughout<br />

the United States. However, these companies do not<br />

disclose profits and taxes on a state-by-state basis, so<br />

the findings do not show conclusively whether specific<br />

companies paid any income tax in specific states.<br />

The Nelson A. Rockefeller Institute of Government<br />

reports that corporate income taxes make up only 5.7<br />

percent of state revenues, which is down from 9.7 percent<br />

in 1980.<br />

Lost Federal Revenue<br />

A November 2011 report by the National <strong>Education</strong><br />

<strong>Association</strong> noted that $222.7 billion of federal revenue<br />

was lost for years 2008 through 2010 due to corporate<br />

tax avoidance. A total of $9.8 billion could have gone to<br />

public schools and colleges nationwide.<br />

How did this affect education funding in <strong>Tennessee</strong>?<br />

The scenarios below describe how the lost revenues could<br />

have been used to improve our society and potentially<br />

boost the economy.<br />

Lost Federal Dollars for <strong>Education</strong> and Other Aid<br />

• $200 million in lost federal dollars for education<br />

• Dollars would have supported 2,859 education jobs<br />

• $1,500 lost federal dollars for Other Grants to State<br />

and Localities.<br />

Lost Federal Dollars for Title I Grants<br />

• Would have provided $180 million in grant dollars<br />

that would have benefited 205,296 students in poverty<br />

• Average funding lost per student in poverty: $878.<br />

Lost Federal Dollars for Special <strong>Education</strong><br />

• $200 million in lost grant dollars that would have<br />

benefited 119,455 students with disabilities.<br />

Lost Federal Dollars for Pell Grants<br />

• $191 million that would have benefited 148,462<br />

students in need<br />

• Average dollars lost per student in need: $1,286.<br />

Lost Federal Dollars for Head Start<br />

• $170 million in grant dollars that would have<br />

benefited 8,060 additional children in poverty who would<br />

have been enrolled in a Head Start program.<br />

Clearly, the amount of lost state and federal revenues<br />

due to corporate tax avoidance is significant.<br />

The amount of lost federal dollars alone could<br />

have funded or expanded programs for <strong>Tennessee</strong>’s<br />

children, expanded existing services and provided<br />

education positions for some of <strong>Tennessee</strong>’s 9.1 percent<br />

unemployed, based on the <strong>Tennessee</strong> Department of<br />

Labor and Workforce Development November 2011<br />

unemployment rate. At a time when the state continues<br />

its efforts to rebound from the Great Recession, budget<br />

revenues lost through corporate tax avoidance would not<br />

have been a luxury. According to experts who worked on<br />

many taxation studies, a fair tax burden is a necessity<br />

in funding education more appropriately, providing jobs<br />

and lessening the tax burden on the average working<br />

family.<br />

Melissa Brown is TEA manager of research.<br />

Stockpiled, Snow Days<br />

Rules Unchanged This Year<br />

Are school systems still allowed to use<br />

stockpiled days for snow days? TEA received a<br />

number of inquiries from teachers as to whether<br />

the State Department of <strong>Education</strong> has changed<br />

its policy on the use of stockpiled days for<br />

snow days. The Commissioner of <strong>Education</strong> has<br />

released the following statement in response to<br />

these inquiries:<br />

“State law allows school systems to stockpile<br />

up to 13 days by increasing the school day up to<br />

30 minutes and to use this excess time to make<br />

up for instruction missed due to dangerous or<br />

extreme weather conditions, such as snow. No<br />

approval is required from the commissioner<br />

provided the excess time is used for this purpose.<br />

Any school system that has adopted a school<br />

calendar with stockpiled days will be able to use<br />

that excess time for snow as it has in the past.<br />

“State law requires the approval of the<br />

commissioner if:<br />

1. A school system is using stockpiled<br />

days for other limited purposes outlined in the<br />

law—natural disasters, serious outbreaks of<br />

illness or dangerous structural or environmental<br />

conditions rendering a school unsafe for use; or<br />

2. Outright waiver of the 180-day<br />

instructional requirement in the event of a<br />

natural disaster or serious outbreak of illness.<br />

“For example, if a school system chose not<br />

to stockpile but then faced an illness outbreak<br />

where students missed a large number of days of<br />

instruction, it could apply to the commissioner<br />

for a waiver of the 180 day requirement.”<br />

Neither state law nor the State Department<br />

of <strong>Education</strong> has changed any law or policy<br />

regarding the use of stockpiled days for snow.<br />

Get Empowered, Connect<br />

At Minority Affairs Conference<br />

Mark your calendar and make plans to attend<br />

the Johnella Martin/TEA Statewide Minority<br />

Affairs Conference on March 23-24 at the<br />

DoubleTree Hotel in Chattanooga.<br />

Titled “Empowering and Connecting<br />

Educators to Meet Challenges, Today and<br />

Tomorrow,” the conference promises an exciting<br />

lineup of speakers and workshops. Registration<br />

deadline is March 12.<br />

Panelists Mary Mancini, <strong>Tennessee</strong> Sen. Jim Kyle, Sen. Andy Berke and Rep. Joe Pitts.<br />

How to Fix Our Economy<br />

Experts suggest strategies, question<br />

state use of incentives to business<br />

It may not be obvious when one enters the state<br />

legislature these days, but <strong>Tennessee</strong> has viable<br />

options as it tries to get its fiscal house in order.<br />

“Right here in the state legislature, when a bill<br />

is introduced, it seems the first question that gets<br />

asked is whether it’s good for business. The fair<br />

approach is to ask whether it’s good for the people<br />

of <strong>Tennessee</strong>,” said Mary Mancini of the <strong>Tennessee</strong><br />

Citizen Action organization during the Jobs and<br />

the Economy Summit held at the end of last year in<br />

Nashville.<br />

Panelists and attendees agreed that education<br />

funding is the foundation of economic prosperity in<br />

<strong>Tennessee</strong>.<br />

“<strong>Education</strong> is a primary economic driver for<br />

the state and its localities,” said Matthew Murray,<br />

professor at the University of <strong>Tennessee</strong> Center<br />

for Business and Economic Research. “<strong>Education</strong><br />

also creates important spillover benefits, such as<br />

increased longevity, lower infant mortality rates,<br />

more volunteerism and higher voting rates.”<br />

But current trends suggest that the focus in<br />

<strong>Tennessee</strong> has been elsewhere. With <strong>Tennessee</strong>’s<br />

unemployment rate hovering above the national<br />

average at 9.6 percent, and per-capita income<br />

growth of only 60 cents a year during the last 10<br />

years (in inflation-adjusted figures), it is clear that<br />

the economic engine needs adjusting. The gap<br />

between the poorest and wealthiest Tennesseans<br />

keeps growing wider. In fact, the state now ranks<br />

fifth in the nation in terms of wealth disparity,<br />

according to Michael Kahn, associate director of<br />

finance and economics at NEA.<br />

“Currently in <strong>Tennessee</strong>, tax structures are<br />

out of sync with the economy, and school funding<br />

is inadequate and inequitable. Schools lack the<br />

capacity to do their jobs, but teachers are being<br />

held accountable for student outcomes,” said Kahn.<br />

“These trends undermine our future economic<br />

prosperity.”<br />

To solve the state’s fiscal problems, Kahn<br />

suggested ensuring adequate and equitable<br />

funding for public education through a system of<br />

revenues that involves a level playing field for all<br />

businesses, large and small. “Above all, if we want<br />

to keep our economic edge in the knowledge-based<br />

global economy, we must make investment in public<br />

education our top priority,” he said.<br />

To the obvious argument that there is no<br />

money, Kahn questioned <strong>Tennessee</strong>’s current use of<br />

the so-called economic development subsidies to<br />

corporations. When the state of <strong>Tennessee</strong> offered<br />

$577 million in subsidies to lure the Volkswagen<br />

plant to Hamilton County, Kahn said the lost<br />

revenue could have been spent more wisely. Under<br />

the VW agreement, the city of Chattanooga and<br />

Hamilton Co. will forego $200 million in property<br />

tax collections for 30 years, and that’s just one<br />

example of the myriad subsidies being doled out by<br />

state and local officials to businesses every year.<br />

At the same time, education funding in <strong>Tennessee</strong><br />

is now less than it was in 1970, and teacher salaries<br />

remain largely unchanged over the last 20 years,<br />

said Kahn.<br />

Adding another item to the economic<br />

prosperity wish list, Murray questioned the lack of<br />

transparency in tax increment financing currently<br />

used by localities for new economic development.<br />

“TIF financing likely does more to reallocate<br />

economic activity than create new activity,” he<br />

said. “TIFs may also divert funds from schools to<br />

financing of new development.”<br />

While offering a solution, Kahn invoked the<br />

name of billionaire investor Warren Buffett, the<br />

champion of fair taxation among the wealthy.<br />

“Just imagine the top one percent of income<br />

earners in <strong>Tennessee</strong> with an annual income of<br />

about $1.3 million paying at the same effective<br />

rate as the bottom 20 percent,” he said. “It would<br />

generate $2.2 billion—enough to wipe out the<br />

adequacy gap and fix the structural deficit.”<br />

Such measures may cause pro-business hawks<br />

to cry foul, but Kahn insisted that they won’t hurt<br />

small business because, according to IRS data, only<br />

2 percent of small business owners make more than<br />

$250,000 a year.<br />

“As China doubles its investment in education,<br />

no politician should be able to get away with saying<br />

that they care about our state’s and country’s<br />

future while shortchanging education,” said Jerry<br />

Winters, TEA manager of government relations,<br />

who attended the conference.<br />

More than 96% of<br />

TEA Dues Qualifies<br />

For IRS Tax Deduction<br />

The portion of TEA dues expended<br />

for government relations activities for<br />

2010/2011 is 3.82 percent.<br />

TEA members can deduct 96.18 percent<br />

of their dues for IRS income tax purposes.<br />

TEA provides a pass-through procedure<br />

whereby members contribute to TEA-FCPE<br />

(<strong>Tennessee</strong> <strong>Education</strong> <strong>Association</strong> Fund for<br />

Children and Public <strong>Education</strong>).<br />

The amount of TEA-FCPE pass-through<br />

for the current year is $4.41 per active<br />

member and $2.21 per ESP staff member.<br />

Members who do not desire to<br />

participate may divert these funds to other<br />

government relations activities — such as<br />

promotion of the TEA legislative program<br />

and lobbying — by completing and mailing<br />

the accompanying form, postmarked no<br />

later than April 10, 2012.<br />

I request that the portion of my dues eligible<br />

to be passed through to TEA-FCPE be used in<br />

other TEA Government Relations activities.<br />

Name (please print)<br />

4 <strong>February</strong> 2012 For details, visit www.teateachers.org.<br />

5<br />

Address<br />

City State ZIP<br />

Social Security Number<br />

Active Member<br />

School System<br />

Signature<br />

<strong>Education</strong> Support Professional<br />

Student Member<br />

Mail to: <strong>Tennessee</strong> <strong>Education</strong> <strong>Association</strong>,<br />

801 Second Avenue North, Nashville, TN<br />

37201-1099. (This form must be postmarked or<br />

received no later than April 10, 2012.)<br />

www.teateachers.org

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