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Tax Changes Have Complicated Things for Revenue Estimators

4/28/2015

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It’s hard to know just how many Limited Liability Corporations (LLCs) we have in Kansas. With no state income tax to pay, it is not surprising that the number of LLCs is growing. It was in 2012 that a majority of Kansas Legislators passed a law exempting all Limited Liability Corporations from paying any state income tax. That means the partners in a LLC don’t pay, while those who work for them do. The net result is an enormous loss of revenue for the state and a huge blow to the overall fairness of the tax mix, especially as regressive alternatives (such as increases in consumption and sales taxes) are considered to offset this revenue loss. It is also why the job of the Consensus Estimating Group (the group that twice a year estimates what revenue the state will receive) is so difficult. As the number of LLCs continues to go up, the revenue goes down, and adjusting for those changes is not easy.

Interestingly, back in the late 80’s and early 90’s, I had some personal experience with LLCs. It was in that period that my former Secretary of Economic Development, Jamie Schwartz (lost my dear friend very recently), and I formed several LLCs for various economic pursuits with limited success. But they were easy and cheap to form. This helps explain why so many new LLCs have been organized in Kansas and why even more will be formed now that they can take advantage of the state income tax exemption.

The concept of the Consensus Estimating Group goes back many decades in Kansas and has provided stability and confidence in the estimation of future revenue for the state. It has taken the politics and uncertainty out of the process, allowing all policymakers, the Governor, and the Legislature to work with the same numbers. It is something about Kansas Government that we can all be very proud of. But, understandably, the period after a major tax change can be a challenging time to accurately predict revenue, as we have seen this past year.
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    John W. Carlin​—​61st Speaker of the Kansas House, 40th Governor of Kansas, 8th Archivist of the United States, and student of leadership

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