Democratic States Sue Trump Administration Over Tax Overhaul
July 17 2018 - 2:41PM
Dow Jones News
By Joseph De Avila
A coalition of states led by New York sued the federal
government Tuesday, alleging that last year's tax overhaul was
politically motivated and designed to interfere with the rights of
states to manage their finances.
New Jersey, Connecticut and Maryland joined New York in the
federal lawsuit filed in U.S. District Court in New York. The
lawsuit takes aim at a part of the new tax law limiting federal tax
deductions for state and local taxes to $10,000.
The plaintiffs said the new law raises the federal tax liability
of millions of taxpayers in those states, making it more difficult
for the states to maintain their taxation policies. The tax law
also seeks to force the states to slash public spending, the
plaintiffs said.
"It was a political attempt to hurt Democratic states,"
Democratic New York Gov. Andrew Cuomo said in a conference call
with reporters.
In 2015, the states with the highest percentage of tax filers
who claimed deductions for state and local taxes above $10,000 were
blue states, according to the Pew Charitable Trusts.
A spokesman for the Internal Revenue Service said the agency
doesn't comment on pending litigation. The Treasury Department said
it is reviewing the complaint.
The states are asking the courts to declare the limit on federal
deductions for state and local taxes as unconstitutional. The
plaintiffs also want the courts to enjoin the Trump administration
from enforcing the cap.
The conservative-leaning Tax Foundation said the courts are
unlikely to declare that capping federal tax deductions for state
and local taxes is unconstitutional.
"The concern that high state taxes might harm the
competitiveness or attractiveness of a state like New York or
Connecticut is a valid one, but the solution lays with revisiting
those state tax rates rather than meritless litigation," Joseph
Bishop-Henchman, executive vice president of the Tax Foundation,
wrote in an analysis of the litigation.
Connecticut Gov. Dannel Malloy, a Democrat, said taxpayers in
his state would lose $10.3 billion in state and local tax
deductions. "Hundreds of thousands of residents could see a tax
increase even as their property values decrease," Mr. Malloy
said.
Most Connecticut residents, however, will get a tax cut this
year, according to the Tax Policy Center, a research group run by a
former Obama administration official. About 8.4% of Connecticut
households will pay more in 2018 than they would have under the old
law, compared to 6.3% nationally.
In New York, 8.3% will pay more, according to the Tax Policy
Center. In New Jersey it is 10.2%, and in Maryland, 9.4%.
New York, New Jersey and Connecticut have also passed laws
designed to blunt the impact of the tax-law changes. These new
state laws allow taxpayers to make payments to charitable
organizations controlled by local governments in exchange for
credits against their state or local taxes.
The legislation aims to let taxpayers deduct these payments as
charitable contributions for federal income-tax purposes, while
using the same payments to satisfy local tax liabilities.
The IRS said in May it would soon issue regulations addressing
these new state laws.
(END) Dow Jones Newswires
July 17, 2018 14:26 ET (18:26 GMT)
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