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Governor Walker's Budget Extends Funding for Extra Tax Auditors

Gov. Scott Walker is proposing to increase funding for an enhanced tax auditing program that generated nearly $27 million in additional revenue last year — more than enough to cover the cost, but about $4.6 million short of its goal.

Business groups are closely monitoring the Audit 2020 initiative, which the Walker administration promoted two years ago as focusing on out-of-state companies. The auditors are keying on corporate and sales tax collections, and not individual income taxes.

The latest budget adds 46 four-year project positions with the expectation they will generate $64 million in revenue over the next two years. The goal of 102 permanent positions in the last budget was to collect $113.5 million more over two years.

The Department of Revenue reported to the Legislature last month that in the first year of the biennium the new positions and related expenses — such as expanding offices in Minnesota, Illinois, Madison and Appleton — cost $9.2 million out of a budgeted $11.8 million. The rest of the money paid for additional audit bureau staff and a bureau reorganization.

The positions generated $26.9 million in new revenue, though the goal was $31.5 million. The report noted the agency’s compliance bureau, which collects delinquent taxes, exceeded its agency goal by $22 million, more than making up for the shortfall in the auditing program. Some of those extra delinquencies were generated by the additional audits.

The program’s corporate auditors also billed companies $15 million that weren’t collected last year, but are due in the current year.

Wisconsin Manufacturers & Commerce, the state’s largest business lobby, opposes the new program. Scott Manley, WMC’s vice president of government relations, said members have reported the audit process is “very long, cumbersome and expensive in terms of investment of time and employee resources to comply.”

DOR was unable to provide historic data on the number of audits it conducts each year, but the number of higher corporate tax assessments increased from 429 in 2014 to 670 in 2015 to 981 last year, according to DOR spokesman Casey Langan. The number of higher sales and use tax assessments increased from 1,195 in 2014 to 1,201 in 2015 to 1,256 last year.

Steve Baas, vice president of government relations for the Metropolitan Milwaukee Association of Commerce, lauded Walker’s goal of recovering more money from tax cheats to help reduce taxes elsewhere.

“The implementation of strategies to meet that goal, however, need to be carefully monitored to see when/if the DOR reaches a point of diminishing return where the marginal increase in collections will be outweighed by the cost of funding the additional auditors,” Baas said in an email.

An Alternative to Raising the Minimum Wage

 

If there’s one blessing in the election of Donald Trump as president of the United States, it’s that it has highlighted one of the worst festering social problems of the country: the slow decline of the working class (not just white), buffeted by the combined social forces of globalization, technology, and social liberalism.

Working-class incomes have stagnated for too long, and low-skill unemployment and underemployment are highly problematic. If conservatives are serious, as we claim to be, about upward mobility, this is a problem we can no longer afford to ignore.

Underemployment and low wages in working-class communities have led not just to the loss of the dignity of work, but to a host of ensuing societal diseases that should have conservatives horrified: family breakdown and illegitimacy, drug addiction, crime.

A solution that has been kicking around for years solves a big part of the problem of stagnating working-class wages while, unlike a minimum wage, allowing the market to clear. It is called wage subsidies.

The idea is just what it sounds like: Employers pay low-wage workers the prevailing market wage, and the government supplements that wage. Everyone wins: The labor market remains efficient, and low-wage workers get real wages for real work. What’s more, in an era of ever-increasing global competition, it would make the American workforce much more competitive.

Before you get agitated about the idea of government subsidies, let’s remember that such a policy is actually in the best conservative tradition. A wage subsidy would be an extension and a reform of one of the most successful poverty-reduction programs in history, and a major conservative policy win: the Reagan-era Earned Income Tax Credit (EITC). The EITC is exactly what it sounds like: a tax credit for low-wage work. It’s the proverbial “hand up, not hand out” on the ladder of opportunity. But while the EITC has done a phenomenal amount of good, it also needs reform. The program is overly complicated, and many eligible families don’t sign up for it. What’s more, it no longer is the 1980s, and the issue of competitiveness has grown ever sharper over the intervening decades.

It’s time for conservatives to go even further than the Gipper and revamp and expand the EITC by turning it into a larger wage-subsidy program. Senators Marco Rubio and Mike Lee have already proposed plans to this effect. It would be a policy and political winner, by increasing the competitiveness of American workers — bringing more industrial employment — and increasing the wages of working-class families, two things that the government desperately needs to do, both to reward the core of the GOP coalition and for the common good more generally. As the issue of tax reform in Congress slowly rises into view, this is an issue conservatives need to rally around.

State Senator wants Audit of Federal Funding, Obligations in State Programs

A conservative lawmaker wants an audit conducted of all state programs that use federal funds — and the ultimate costs federal obligations place on state and local freedom.

State Sen. David Craig sent a letter Tuesday to the Joint Legislative Audit Committee requesting it direct the Legislative Audit Bureau to conduct a “comprehensive audit of all state programs which receive or utilize federal funds.”

The Town of Vernon Republican wants a review of the “federal requirements, regulations, and restrictions which bind the usage of those (federal) funds and tie the hands of our state government officials, local officials, and limits the freedom of our constituents.”

Craig asks the audit bureau to consider:

  • The cost of compliance and freedom lost by the state agency and local officials due to regulation.
  • The estimated savings that could be realized should a regulation be lifted or lessened.
  • The cost of compliance and loss of freedom born by the citizens of the state as a result of the regulation.

A Tax Foundation review found that in fiscal year 2013 a combined 30 percent of state revenues nationally were derived from federal grants-in-aid. That included everything from federal Medicaid payments and education funding assistance to cash for infrastructure projects and housing grants.

Mississippi topped the dependency list in fiscal year 2013, deriving nearly 43 percent of its revenue from federal assistance. Louisiana was next at 41.9 percent, followed by Tennessee (39.5 percent).

Wisconsin ranked 36th in the nation, with 27.7 percent of revenue coming from federal sources, according to the Tax Foundation.

North Dakota was least dependent, at 19 percent, followed by Hawaii (21.5 percent), and Alaska (22.4 percent).

Such dependency creates obligations that can be costly for state and local governments, particularly in funding areas such as transportation and health care. In essence, the federal government demands that state and local governments follow costly rules and procedures or risk losing a portion or all of the federal dollars.

“As part of the on-going efforts to return powers and flexibilities back to the states though our (legislative) Federalism Committee, I am seeking additional information to identify the areas which would lift the burden of federal government regulations and mandates so the committee can craft reforms which will bring efficiency to our state government and liberty our citizens,” Craig wrote in the letter to state Sen. Robert Cowles, R-Green Bay, and Rep. Samantha Kerkman, R-Salem, co-chairs of the Joint Audit Committee.

Senator Marklein Introduces Rural Broadband Bill to Increase Funding and Expand Access

State Senator Howard Marklein (R-Spring Green) introduced LRB -2042/1, a collaborative rural broadband expansion bill today that is a combination of the proposal that was promoted by Governor Scott Walker on December 1, 2016 and recommendations made by the 2016 Study Committee on Rural Broadband, which he chaired in 2016.

“This bill is the product of hundreds of hours of hard work and study by many dedicated people in Wisconsin,” Marklein said. “We took the funding ideas from the Governor and combined them with the Rural Broadband Study Committee’s recommendations to produce legislation that will make an immediate, significant impact on rural broadband in Wisconsin.”

LRB -2042/1 is co-authored by Rep. Romaine Quinn (R-Rice Lake) and is part of the Assembly’s Rural Wisconsin Initiative for the 2017-2018 session. The bill is currently in circulation for co-sponsorship through Friday, February 17, 2017.

“The Study Committee on Rural Broadband developed several recommendations for improving the Rural Broadband Expansion Grant program that is administered by the Public Service Commission,” Marklein said. “This bill insures that these ideas are applied to any new grants from the program.”

“In December, the Governor announced the availability of surpluses in other programs that could be used for broadband,” Marklein said. “Combining these funds with the study committee’s recommendations is good policy and I look forward to moving this bill through the legislative process quickly.”

The bill accomplishes the following:

1. Allocates an additional $15.5 million to the Rural Broadband Expansion Grant Program for additional 2017 grant awards from surplus funds in E-Rate ($5 million) the Universal Service Fund (USF) ($6 million) and the unencumbered balances from other USF-funded appropriations (estimate $4.5 million).

2. Provides the PSC with a requirement that the grants go to the areas of the state with the greatest need. We want to use scarce resources to “fill from the bottom up”.

3. Includes a policy that prevents broadband service providers from “cherry picking” high value customers, while ignoring the needs of residential customers.

4. Directs the PSC, in evaluating grant proposals, to consider the impact of improved broadband on our students at home, and patients at home.

5. Discourages the duplication of existing service. Seeks to supplement the federal CAFII funding in areas not benefiting from the federal money.

6. Adds funding to the Technology for Educational Achievement (TEACH) program and expands the number of rural school districts who are eligible for the program.

Judge Upholds City of Oshkosh Ordinance Requiring Inspection of all Rental Housing

United States District Court judge sided with the city of Oshkosh on Monday after the Winnebago Apartment Association asked for an injunction to stop the city from beginning inspections on rental properties in the area.

The city wants to inspect roughly 14,000 rental properties over a five-year cycle to make sure landlords are keeping apartments and rental houses up to code. The city would inspect about 2,800 properties per year.

Oshkosh city manager Mark Rohloff says the city has heard from renters who have problems that their landlords aren’t fixing.

“We really feel that it’s necessary to make this as broad a program as possible so we can identify those problem areas and really get them addressed with very common health and safety issues that we have concerns about,” Rohloff explained.

Officials can already inspect properties where the tenants have submitted their complaints to the city, and the Winnebago Apartment Association’s lawyer wonders why that isn’t enough.

“The major problem with the program that the city has adopted now is it applies to every rental unit in the city, which we think is an overly broad solution to a problem that the city is trying to address with certain apartment units,” the WAA’s lawyer, Jeff Vercauteren of Husch Blackwell LLP, said.

The Association also said the wording of the city’s ordinance seemed that it would allow inspectors to go on the property without proper consent, which the group argued was a violation of landlords’ and tenants’ Fourth Amendment rights.

Oshkosh City Council plans to update the ordinance to make it more clear, and keep it in line with state and federal laws.

“We’re making some clarifications to our ordinance that the 21-day inspection window is going away because we’re going to be making appointments with people,” Rohloff said.

Inspectors are allowed inside an occupied property as long as they have consent from the tenants, and allowed into empty properties with permission from the landlord.

The city will also charge each landlord a fee per inspection, a $100 trip charge and $45 per-unit charge.

Oshkosh officials will charge that fee and inspect the outside of the property, even if the tenant or landlord does not allow the inspector inside.

State law requires the city to charge a fee that’s reasonable in relation to the inspection costs to the city, and we have yet to see the $100 trip charge and the $45 per unit charge is really reasonable,” Vercauteren said.

Oshkosh City Council is expected to approve the amendments to the ordinance on Tuesday night, and could start inspecting properties as early as Wednesday.

The Winnebago Apartment Associations plans to continue to fight against the new ordinance.

Wisconsin Bankruptcy Filings Lowest in Nine Years

Bankruptcy filings in Wisconsin fell to their lowest level in nine years last year as an improving economy and jobs climate helped more consumers keep up with their debts.

U.S. Bankruptcy Court data show there were more than 16,800 bankruptcy petitions of all types filed in Wisconsin in 2016. That was down almost 9 percent from 2015 and was the fewest since 2007, when there were just more than 15,600.

Milwaukee bankruptcy attorney James Miller said the slowdown seems to track with a reduction in mortgage foreclosures.

Bankruptcy filings peaked in Wisconsin at nearly 30,000 in 2010 and have been declining ever since, as the economy slowly has healed from the Great Recession and the unemployment rate has dropped, the Milwaukee Journal Sentinel reported.

Preliminary data show the unemployment rate in Wisconsin in December was 4 percent, the lowest since January 2001. Wisconsin’s worst unemployment rate was at the end of 2009, at 9.2 percent.

The 9 percent reduction in bankruptcy filings in Wisconsin last year was better than the overall national average reduction of 6 percent, according to the American Bankruptcy Institute.

About two-thirds of bankruptcy petitions in the state were Chapter 7 filings, which are intended to give people a fresh start by wiping out debt such as overwhelming credit card balances and medical or utility bills.

But bankruptcy attorneys say they’ve found that as employment has increased, fewer people want to file Chapter 7 liquidation bankruptcies. They instead opt for a Chapter 13 filing, which allows consumers with regular income to develop a plan to repay all or some of their debts over three to five years.

“A lot of people are saying, `Look, I created these debts. I can’t pay them all back right now but I want to pay as much as I can afford to pay,”‘ said attorney Todd Esser, of EsserLaw LLC in Milwaukee. “And so those repayment plans are working out well.”

Numerous Ways Governor Walker's Budget Would Impact Businesses

Gov. Scott Walker’s proposed budget made news on plenty of fronts – including K-12 education, the UW System and transportation — when it was released, but look a little deeper into the executive budget and the budget bill itself and there are some other provisions businesses could be interested in.

Changes in how employment disputes are handled

The governor’s budget would make several changes to the handling of employment disputes. The Wisconsin Employment Relations Commission would be changed from three part-time commissioners to a single chairperson. Walker’s office said the proposal is in recognition of the commission’s decreased workload. The commission conducts elections to determine collective bargaining units, mediates collective bargaining disputes and issues decisions on unfair labor practices.

Walker is also proposing the elimination of the Labor and Industry Review Commission, which reviews Department of Workforce Development decisions on unemployment insurance, employment discrimination and equal enjoyment of places of public accommodation and worker’s compensation decisions by the Division of Hearings and Appeals in the Department of Administration. Instead, those decisions would be reviewed by administrators in the department or division before being appealed to circuit court.

The governor says the change would streamline appellate functions and decrease the time to get a decision for unemployment insurance, equal rights and worker’s compensation cases.

Limiting historic rehab tax credits

The budget puts an annual $10 million limit on the historic rehabilitation tax credit. It also requires the Wisconsin Economic Development Corporation to award the credits competitively based on the potential for job creation, benefit to the state, projected impact on the local economy, likelihood the project would happen without the credits and number of credits given out in the area in prior years. Those receiving the credits could have to repay some of the money if they come up short on job projections.

Energy efficiency construction projects at schools

Walker’s budget would eliminate a loophole that allowed school district to exceed their revenue limits for energy efficiency building projects. Many districts had used the exemption to implement multi-million dollar capital improvement campaigns in recent years. Districts would still be able to use referendums for the projects.

The budget also directs the Public Service Commission to prioritize school energy efficiency projects in the Focus on Energy program. Walker proposes an additional $10 million in Focus on Energy funding annually prioritized to public elementary and secondary schools.

Sales tax holiday

The governor is proposing a two-day sales tax holiday in August of the next two years on items related to school supplies, including clothing, computers and certain other supplies. The holiday is expected to reduce tax revenue by $11 million each year.

Businesses get their own court

The state Supreme Court is directed to establish rules for a pilot program that would create a specialized business court program for commercial disputes. The court would have until Jan. 1, 2019 to establish the rules for the project.

Changes to manufacturing and ag tax credit

Walker is proposing a change that would eliminate an “unintended overlap” that allowed businesses to claim the manufacturing and agriculture tax credit and the taxes paid to other states credit on the same income. The change is expected to increase tax revenues by $9.7 million in fiscal 2018 and 2019.

Governor's Budget Includes $600 Million in Tax and Fee Reductions

Gov. Scott Walker on Wednesday called for nearly $600 million in reduced taxes and fees along with significant new spending in areas where he made sizable cuts in the past as part of his $76.1 billion two-year budget proposal.

Walker is proposing to cut the state’s two lowest income tax rates by a tenth of a percentage point — to 3.9 percent and 5.74 percent — and increase the amount of income taxed at the second-lowest rate by about $30,000. A median income four-person family making about $86,000 a year would save $139 over two years, while state revenues would decline by $203 million under the proposal.

Walker is also seeking to make good on a promise to reduce property taxes below 2010 levels by eliminating a state forestry property tax that brings in about $90 million a year and paying for the programs it funds with other state tax revenue; boosting a property tax credit by $87 million; and increasing aid to school districts by $72 million, which, paired with a state-imposed lid on district revenues, will drive down property taxes.

Walker also plans to create a sales tax holiday in August on certain school supplies, clothing and computers, estimated to cost the state about $11 million in lost sales tax revenue.

His budget also increases a tax credit for low-income working families with one child and increases the Homestead Tax Credit for seniors and the disabled.

For the 2017-19 state budget, Walker and lawmakers are working with revenue estimates that are about $700 million better than expected in the fall when agencies prepared their budget requests. The better budgeting position comes from improved economic forecasts since the November presidential election, which translates to higher tax collection projections and lower-than-anticipated Medicaid costs.

EPA Gives Final Approval to Wisconsin's Phosphorus Multi-Discharger Variance

Facing impending deadlines that will force municipal water utilities and Wisconsin job creators to spend billions of dollars on costly filtration upgrades, Sen. Robert Cowles (R-Green Bay) and Rep. Amy Loudenbeck (R-Clinton) today lauded the final approval of the State of Wisconsin’s Phosphorus Multi-Discharger Variance (MDV).

This newly approved reform measure will offer a vastly more cost-effective and resource protective means of reducing the phosphorus in our waters while lowering costs to water utility ratepayers and potentially saving thousands of Wisconsin manufacturing and food production jobs.

“I’m incredibly pleased that we were able to move this much-needed legislation. However, I am still disappointed by the amount of time it took the EPA to review and approve our creative approach to reduce phosphorus,” Cowles said.

This innovative Wisconsin provision will offer a new fee-based compliance option in order for water utilities and manufacturers to meet the strict phosphorus discharge standards. This leaves existing phosphorus standards intact and does not repeal or suspend the existing water quality standards.

“A point-source discharger, such as a municipal wastewater treatment plant or a papermaker, that is eligible for the MDV does not receive a free pass or a proverbial get-out-of-jail-free card,” said Loudenbeck. “Those point-sources,in exchange for reducing their phosphorus discharges over a longer compliance schedule, will pay $50 per pound to counties to complete water quality improvement projects within the watershed the source is located.”

“Wisconsin waterways are significant economic drivers and support our nearly $20 billion tourism industry. The MDV utilizes the flexibility provided to increase funding for nonpoint source pollution. This will result in a more direct approach on phosphorus pollution and increase the protection of our lakes and rivers,” stated Cowles.

The new option will allow water utilities, manufacturers and food processors to assist in reducing non-point phosphorus discharges, which constitute a majority of the phosphorus in our waters.

Tax Identify Theft Avoidance Starts with Taxpayers

Tax-related identity theft is an established concern nationwide, as state and federal tax authorities have wrestled for years with a blight of criminals filing fraudulent tax returns using other people’s personally identifiable information. For a scammer, tax identity theft means quick cash. For a victim, it’s a delayed return, concern about who has their personal information, and the fear of what else the criminal might do with these personal details.

“Last year, tax identity theft was a factor in three of every four identity theft complaints that consumers filed with the Wisconsin Department of Agriculture, Trade and Consumer Protection,” said Frank Frassetto, Division Administrator for Trade and Consumer Protection. “Federal and state tax authorities have recently put additional safeguards in place to protect the public from this threat during the tax filing process, but taxpayers are chiefly responsible for protecting their own information throughout the year.”

If you run into difficulties when you file, you may be a victim of tax identity theft. If someone misused your identity for a fraudulent return, the IRS or your tax preparer may warn you that multiple returns were filed under your Social Security number, that you owe additional taxes or are facing collection actions for a year you did not file a return, or that you received wages from an employer for whom you did not work.

If you face any of these issues, report the suspected fraud by phone to the IRS (1-800-829-0433) and the Wisconsin Department of Revenue (1-608-266-2486). Contact DATCP’s Consumer Protection Bureau (1-800-422-7128) to inquire about next steps for shoring up your identity. The IRS also advises taxpayers to continue paying their taxes and filing their returns, even if they suspect that they may be victims of identity theft.

“A consumer’s best protection against a criminal filing taxes in your name is to get a jump on the thieves by filing early. Also, if you file your return online, make sure to use up-to-date security software on your computer and set up strong passwords for your tax software login,” said Frassetto.

During the year, follow these simple tips to protect your personally identifiable information:

  • Share your sensitive information as rarely as possible. Turn down any request for personal information from an unsolicited caller.
  • Don’t carry cards containing sensitive details like your Social Security or Medicare numbers unless you specifically need them (for an appointment, for example).
  • Remember that the IRS, United States Treasury and Wisconsin Department of Revenue will NEVER call and threaten you with arrest or legal action about back taxes. Any phone calls of this nature are scams.
  • Use online security best practices. Learn how to recognize phishing emails and text messages. Never click on links or download attachments in emails from unknown senders or in emails that seem suspicious.

For additional information or to file a complaint, visit the Consumer Protection Bureau at datcp.wisconsin.gov, call the Consumer Protection Hotline at 1-800-422-7128 or send an e-mail to datcphotline@wisconsin.gov.