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The
Legislature overrode Governor George Pataki's vetoes to impose
the first increases in state personal-income and sales taxes
in three decades, along with targeted increases in business
taxes.
Despite
multi-million-dollar lobbying campaigns by public-employee
unions, however, The Business Council was successful in persuading
legislators not to adopt the "New Jersey plan" of
major, across-the-board corporate tax increases.
The
enacted tax package, which Governor Pataki described as "the
largest tax increase in state history," includes:
- Raising the top personal-income tax rate from 6.875
to 7.7 percent. That higher rate applies to taxpayers
earning more than $500,000. A new top rate of 7.5 percent
applies for individuals earning over $100,000 and couples
with income over $150,000. Top rates in neighboring states
include 5 percent in Connecticut, 6.37 percent in New
Jersey, 5.3 percent in Massachusetts and 2.8 percent in
Pennsylvania, according to the Budget Division.
- Increasing the state sales tax from 4 to 4.25 percent.
In some regions, combined state and local sales taxes
will now reach as high as 8.5 percent. The top sales rate
is 7 percent in Pennsylvania, 6 percent in Connecticut
and New Jersey, and 5 percent in Massachusetts.
- Approving the Governor's proposal to raise the state
insurance tax by $158 million.
- Decoupling from federal depreciation rules that allow
businesses to recoup capital investment more quickly.
- Requiring corporate taxpayers to add back certain payments
made in relation to intangible assets.
All
62 Republican and Democratic members of the Senate voted in
favor of the tax increases May 15, as did 104 of the 150 members
of the Assembly. The Constitution requires two-thirds votes
in each house to override gubernatorial vetoes. The override
votes mean that higher taxes are now law. Governor Pataki
has said, though, that the Legislature's action on the tax
bill was unconstitutional, leaving open the possibility of
legal challenge.
The
Legislature's budget does not include a $20 million increase
in hazardous waste and petroleum fees that had been included
in the Executive Budget.
The
Governor has said the legislative
plan would create a two-year "out-year" budget gap of $13
billion. Legislative leaders have not released estimates of
the future impact of the new budget.
Earlier
in the week, Governor Pataki lamented the lack of structural
cost-saving reforms in the Legislature's budget. Unlike the
Executive Budget, the plan approved by the Senate and Assembly
includes no reform of Medicaid; the Wicks law, which drives
up public construction costs; or tort laws that cost New York
City and other local governments hundreds of millions of dollars
each year.
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