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Richard Rider

Rider submission on tax props to CA State Senate hearing

Because I’m one of the signers of a CA ballot book argument against Prop 38 (the “Munger” income tax prop), I’ve been asked by a Democrat State Senator to submit input to a State Senate hearing this week on the matter.  Having testified at such legislative hearings before, I’m painfully aware that such “hearings” are carefully orchestrated political circuses where everyone knows the outcome before the hearing is even called to order.

My submission may or may not even be included in the pile of papers passed around.  But submit I did.  I’ve decide that my workup should not be wasted by sending it just to the legislature, so I’m also sending it out to the press, plus posting it here and on other blogs.

If my Kabuki dance prediction is correct, the State Senate will lean towards the “Brown” tax prop — Prop 30 — under the simple premise that it has a better chance of passing.  Their distant second choice is Prop 38.

Here’s my letter.  The fonts are screwed up, thanks to “copy and paste” glitches, but the content seems to be intact and readable.


SD Tax Fighters LOGO

 San Diego Tax Fighters

10969 Red Cedar Dr.

San Diego, CA  92131

Voice:  (858) 530-3027


30 July, 2012

Authored by Richard Rider, Chairman


Dear California State Senators:

As Chairman of San Diego Tax Fighters – a grassroots, unabashedly pro-taxpayer outfit – I signed the ballot book opposition rebuttal argument concerning Prop 38 – the “Munger” proposition.  You’ve asked for my input for an upcoming hearing, so here it is.  I see no need to here cover the ballot arguments further.

Instead I’ll discuss below the “millionaire’s tax” aspect – and the unintended consequences if either the Brown or Munger tax is passed.  This subject is seldom broached even by opponents (even in the ballot arguments), as it’s felt that many people so hate rich folks that it’s “bad form” to speak out in their defense.  I disagree.

There’s a core fact to keep in mind – rich people seldom will leave the U.S. to avoid taxes, but – if taxes are deemed too high – many WILL leave a state.  Other states have experienced this outflow of the wealthy – and with FAR lower state income tax increases in their millionaire’s tax than California’s Prop 30 and 38.

Moreover, the really rich (the much-hated “investor class”) don’t even have to leave to avoid most CA income taxes.  Most have second homes in other states and travel quite a lot.  They can relocate their official residence to such a home, while still visiting California several months a year (but staying here no longer than 6 months total).

It’s not that easy to relocate for tax purposes – one must do it right and really relocate.  There are over 20 criteria a wealthy current “Golden State” taxpayer should meet to no longer be a California resident.  But for a rich person with proper financial advice and assistance, it’s a logical decision that offers huge annual savings.

How many wealthy folks will relocate – or take their businesses elsewhere?  No telling.  But most rich people are presumed to be greedy by the Occupy movement – let’s accept that premise.  I think we can agree that they didn’t become wealthy by being financially stupid.

It’s important to understand how California income taxes stack up against the other 49 states.  California already has the 2nd highest state income tax rate in the nation (behind Hawaii’s 11.0%).  Our 9.3% tax bracket starts at $48,029 for people filing as individuals.   Our 10.3% tax starts at $1,000,000.

Consider the Brown “millionaires’ tax.”  It would raise that rate to 13.3%, starting at $500,000 – including capital gains.  If approved, CA will be by far #1 in income tax rates.  We will be 21% higher than the 2nd highest state (Hawaii), 34% higher than the 3rd highest state (Oregon), and a heck of a lot higher than all the rest – including seven states with zero state income tax.   Table #11

The Munger top bracket is 12.5%.  While lower than the top Brown tax bracket, it’s still much higher than the other states.  We will be 14% higher than Hawaii and 26% higher than Oregon.

Note that in 2011 California had the 3rd highest state income tax rate.  Now we are 2nd.  What changed?

What changed was that Oregon, an extremely liberal state, decided it would be best to LOWER their top tax bracket from 11% to 9.9%.  Was it because they decided to coddle the wealthy?  I think not.  They concluded that their state would receive more revenue (and the economy would do better) if they didn’t soak the rich so much.

BTW, Oregon has ZERO state or local sales tax – one of only three states without a sales tax.  In contrast, California has the highest state sales tax rate in the nation.

It’s not just Oregon moving to reduce their state income taxes.  Here’s a blog item I wrote in February of this year, based on a WALL ST JOURNAL article (link below):

Several states cutting or eliminating their income tax.

by Richard Rider

It’s tragic how some desperate states experiencing runaway state government spending are raising their income taxes to soak the rich.  But for those states such as California, it’s MORE tragic that many other states are now moving to cut or eliminate their state income tax on corporations and/or individuals. This little-reported tax cutting trend rates wider publicity.

Why would states CUT their income tax collections?  Could it be that they want our refugee millionaires and businesses to move there – and don’t want to lose their wealthy to other neighboring states?  Or maybe they are just stark raving mad (the dismissive likely liberal explanation).

Here’s one obvious reason — low tax states do better economically than high tax states.  Below is the latest quick bottom line comparison:

High tax vs

You WILL want to read this WALL ST JOURNAL editorial.  It names names (actually, states) — Oklahoma, South Carolina, Kansas and Indiana.  In addition, Idaho, Maine, Nebraska, New Jersey and Ohio are debating income-tax cuts this year. Already 7 other states charge zero income tax.

I maintain a fact sheet, comparing California with the other 49 states.  Included are taxes, regulations, litigation, utility costs and other factors.  Sadly, the Golden State is not so golden after all.  And our annual California state net domestic outmigration reflects this.

To further raise our already sky-high tax rates is madness.  CA has become the engine of prosperity – for the other 49 states.

Richard Rider