The Deductibility of
State and Local Taxes

February 2008

Cover graphic

 

Notes 

Numbers in the text and tables may not add up to totals because of rounding.

Unless otherwise indicated, all years mentioned in this report are calendar years.

The Joint Committee on Taxation’s estimates of the budgetary effects of the alternatives for changing state and local tax deductibility are calculated on a fiscal year basis.




Preface

Since the inception of the federal income tax in 1913, federal taxpayers have been allowed to deduct certain state and local taxes in calculating their taxable income. In its final report, in 2005, the President’s Advisory Panel on Federal Tax Reform recommended elimination of the state and local tax deduction, which provides a federal subsidy for some of the taxes levied by state and local governments. That subsidy is of substantial personal benefit to residents of the states and localities that receive it, but it is not shared equally among all federal taxpayers. In addition, the individual alternative minimum tax (AMT) increasingly eliminates the benefit of the state and local tax deduction for many middle-class taxpayers.

This Congressional Budget Office (CBO) paper, which was prepared at the request of the Ranking Member of the Senate Budget Committee, examines the arguments for and against the state and local tax deduction; how the benefits from the deduction are distributed among different groups of taxpayers and different governments; how the deduction and the AMT interact; and how modifying or eliminating the deduction would affect the federal budget, the finances of state and local governments, and federal taxpayers. In accordance with CBO’s mandate to provide objective, impartial analysis, the paper makes no recommendations.

Kristy Piccinini of CBO’s Tax Analysis Division wrote the paper, under the supervision of Tom Woodward and Frank Sammartino. Juan Contreras, Robert Dennis, and Theresa Gullo of CBO commented on early drafts, as did Donald B. Marron, formerly of CBO. Jim Cilke, Karl Russo, and John Navratil of the Joint Committee on Taxation also commented on the paper. (The assistance of external reviewers implies no responsibility for the final product, however, which rests solely with CBO.)

Leah Mazade edited the paper, and Loretta Lettner proofread it. Maureen Costantino designed the cover and prepared the report for publication. Lenny Skutnik produced the printed copies, Linda Schimmel coordinated the print distribution, and Simone Thomas prepared the electronic version for CBO’s Web site.

Peter R. Orszag
Director

February 2008




Contents

Summary

Background on the State and Local Tax Deduction

Rules Governing the State and Local Tax Deduction

Historical Perspectives

Interactive Effects

Current Issues in State and Local Tax Deductibility

Rationales for the State and Local Tax Deduction

Distribution of the Benefits from the Taxes-Paid Deduction

Analysis of Alternatives: Effects on State, Local, and Federal Governments

Description of the Alternatives and Their Cost

The Options’ Interaction With the Alternative Minimum Tax

Distributional Analyses of Changes in Tax Liability in 2010 and 2011 Under the Options

Effects of Deductibility Options on Tax Liability and Tax Simplification, by Income

Effects of Deductibility Options on Tax Liability, by Region

Effects of Combining Deductibility Options with Changes in the Alternative Minimum Tax

 

Tables

1. Estimated Cost of Federal Aid to State and Local Governments, by Aid Source

2. Sources of Revenue for State Governments, 2004

3. Sources of Revenue for Local Governments, by State, 2004

4. The Taxes-Paid Deduction, by Taxpayers’ Adjusted Gross Income, 2004

5. Selected Measures of State and Local Tax Deductibility, 2004

6. Total Effects on Federal Revenues of Options for Changing the Taxes-Paid Deduction Assuming No Change in the Alternative Minimum Tax, by Fiscal Year

7. Total Effects on Federal Revenues of Combining Options With Indexation of the Alternative Minimum Tax, by Fiscal Year

8. Effects of Eliminating the Taxes-Paid Deduction, by Taxpayers’ Adjusted Gross Income, Calendar Years 2010 and 2011

9. Effects of Limiting the Taxes-Paid Deduction to 2 Percent of AGI, by Taxpayers’ Adjusted Gross Income, Calendar Years 2010 and 2011

10. Effects of Capping the Taxes-Paid Deduction, by Taxpayers’ Adjusted Gross Income, Calendar Years 2010 and 2011

11. Effects of Replacing the Taxes-Paid Deduction With a Credit of 15 Percent of Currently Deductible Taxes, by Taxpayers’ Adjusted Gross Income, Calendar Years 2010 and 2011

12. Effects of Restricting the Taxes-Paid Deduction to Real Estate Taxes, by Taxpayers’ Adjusted Gross Income, Calendar Years 2010 and 2011

13. Effects of Eliminating the Taxes-Paid Deduction and Indexing the AMT, by Taxpayers’ Adjusted Gross Income, Calendar Years 2010 and 2011

14. Effects of Limiting the Taxes-Paid Deduction to 2 Percent of AGI and Indexing the AMT, by Taxpayers’ Adjusted Gross Income, Calendar Years 2010 and 2011

15. Effects of Capping the Taxes-Paid Deduction and Indexing the AMT, by Taxpayers’ Adjusted Gross Income, Calendar Years 2010 and 2011

16. Effects of Replacing the Taxes-Paid Deduction with a Credit of 15 Percent of Currently Deductible Taxes and Indexing the AMT, by Taxpayers’ Adjusted Gross Income, Calendar Years 2010 and 2011

17. Effects of Restricting the Taxes-Paid Deduction to Real Estate Taxes and Indexing the AMT, by Taxpayers’ Adjusted Gross Income, Calendar Years 2010 and 2011

 

Figures

1. Percentage of Taxpayers Who Itemized and Who Claimed the Taxes-Paid Deduction, 1985 to 2004

2. Types of Taxes Claimed Under the Taxes-Paid Deduction, 1993 to 2004

3. Federally Subsidized Shares of Tax Revenues in 2004, by State

4. Federally Subsidized Shares of Income in 2004, by State

5. Relative Shares of Adjusted Gross Income Deducted in 2004 Under the Taxes-Paid Deduction, by State

6. Shares of High-Income Taxpayers in 2004, by State

7. Increases in Average Tax Liability in 2010 and 2011 Under the Options for Changing the Taxes-Paid Deduction, by Census Division

 

Box

1. Data and Methods Used in the Analysis


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