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CBPP: To Avert Revenue Loss, States Should Decouple From § 168(k) Expensing

Center on Budget and Policy Priorities, States Can Avert New Revenue Loss by Decoupling From Federal Expensing Provision:

A recent change in federal tax law regarding business investment in machinery and equipment could be very costly for many states — at a time when they can least afford it.  Nineteen states are on track to lose $5.3 billion in state corporate and individual income tax revenues during the current and next two state fiscal years:  some will lose revenue unless their legislatures act to prevent it, while others will lose revenue if they follow their previous practice of altering their tax codes to conform to such federal changes.  Another 26 states and the District of Columbia could lose $10.1 billion in state revenue if they break from their previous practice and conform to the federal change.

These losses would come on top of states’ record revenue losses resulting from the economic downturn, which are creating budget shortfalls of unprecedented size.  Fortunately, states can protect themselves from these revenue losses by “decoupling” the relevant part of their tax codes from the federal change.

The federal change, part of the tax-cut compromise legislation enacted in December, allows businesses to immediately deduct from their federal gross income the entire cost of capital investments in machinery and equipment — a practice known as “expensing” — rather than gradually deducting or “depreciating” these costs over several years.  The deduction applies to purchases made from September 8, 2010 to December 31, 2011.  (For purchases in calendar year 2012, businesses can deduct 50% of the cost of capital investments and then apply the regular depreciation schedule to the remaining value of the equipment.)  The new law extends and doubles the size of an existing provision of law that allowed 50% depreciation — so-called “bonus depreciation” — in 2008-2010 and was supposed to expire at the end of 2010.

TABLE 1:
NINETEEN STATES ON TRACK TO LOSE $5.3 BILLION
Estimated State Revenue Losses from Conforming to Full Expensing
State Revenue loss (millions) State Revenue loss (millions)
Alabama $239 New Mexico     $39
Colorado 226 North Carolina 698
Delaware 77 North Dakota   43
Florida 629 Oklahoma       143
Illinois 1,009 Oregon           270
Kansas 198 Pennsylvania 833
Louisiana 191 South Dakota 9
Missouri 190 Utah               159
Montana 55 West Virginia  166
Nebraska 88 Total              $5.3 billion
 
TABLE 2:
TWENTY-SIX STATES WOULD LOSE AN ESTIMATED $10.1 BILLION IF THEY ACT TO CONFORM TO FEDERAL EXPENSING PROVISION
State Revenue Loss If State Chose to Conform
(in Millions)
Alaska* $234
Arizona 220
Arkansas 200
Connecticut* 341
Georgia 410
Hawaii 60
Idaho** 66
Indiana 325
Iowa 142
Kentucky 230
Maine 98
Maryland 486
Massachusetts 955
Michigan* 379
Minnesota 450
Mississippi 150
New Hampshire 189
New Jersey 1,045
New York 2,197
Ohio 199
Rhode Island 73
South Carolina 102
Tennessee 334
Vermont 48
Virginia** 507
Wisconsin 465
District of Columbia 150
Total $10.1 billion

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