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File #: 0070X-2017    Version: 1
Type: Resolution Status: Passed
File created: 3/10/2017 In control: Tyson
On agenda: 4/3/2017 Final action: 4/5/2017
Title: A resolution strongly opposing the 2017-2018 biennial state budget which has been submitted by the Governor of the State of Ohio - House Bill 49, as introduced, is proposing centralized collection of net profit tax returns and other provisions related to the municipal income tax - this proposal, as introduced, will cause a loss in revenue needed to support the health, safety, welfare and economic development efforts of Ohio municipalities, and to declare an emergency.
Sponsors: Priscilla Tyson, Elizabeth Brown, Mitchell Brown, Shannon G. Hardin, Jaiza Page, Michael Stinziano, Zach M. Klein

Explanation

 

This is a resolution strongly opposing a portion of the 2017-2018 Budget, House Bill H.B. 49 as introduced, which has been submitted by the Governor of the State of Ohio. The budget as introduced proposes centralized collection of net profit tax returns and other provisions related to the municipal income tax. The budget as introduced will cause a  loss  in  revenue  needed  to  support  the  health,   safety, welfare  and economic  development  efforts of Ohio Municipalities. This resolution is also being submitted as an emergency.

 

Title

 

A resolution strongly opposing the 2017-2018 biennial state budget which has been submitted by the Governor of the State of Ohio - House Bill 49, as introduced,  is proposing centralized collection of net profit tax returns and other provisions related to the municipal income tax - this proposal,  as introduced, will cause a  loss  in  revenue  needed  to  support  the  health, safety, welfare  and economic  development  efforts of Ohio municipalities, and to declare an emergency.

 

 

Body

 

WHEREAS,  the Mayor and Council have been advised of a proposal by Ohio Governor Kasich and his administration  to institute a state-operated  program for the centralized  collection  of Ohio Municipal Business Net Profit Income Tax; and

 

WHEREAS, the proposal for a state takeover of the administration and collection of the municipal business net profit income taxes of municipal corporations such as Columbus is a clear attack on the home rule powers granted to municipal corporations by the Ohio Constitution; and

 

WHEREAS, this proposed language also includes a provision that would eliminate a portion of the sales factor, known as "throwback",  substantially reducing reportable tax revenue to municipalities with warehouses, distribution centers, and any business providing online sales; and

 

WHEREAS, Columbus strenuously  objects to this latest attack on municipal home rule under consideration by the State of Ohio and urges all municipal corporations to make it clear to the Governor and General Assembly that this proposed  usurpation of constitutionally-granted local municipal   power  shall  not  take  place  without  a  vigorous  legal  challenge  by  affected  municipal corporations; and

 

WHEREAS, Columbus’ share of local government funds has declined from $40.7 million in 2010 to $20.1 million in 2016; the elimination  of the estate tax has deprived Columbus of nearly $10 million annually and the elimination of personal property tax deprived Columbus of a revenue source that once provided the City with more than $5 million annually; and

 

WHEREAS, municipalities can and will provide the personal service and assistance to their taxpayers in the preparation and filing of their tax reports and returns; and

 

WHEREAS, only municipalities can ensure the prompt and proper auditing of local tax returns to ensure all applicable  deductions and declarations  are reported, thus also ensuring that all taxpayers pay their fair  share  without  causing  higher  costs  of  compliance  for  all,  and  must  be able  to do  so  without burdensome  and costly restrictions included in the Governor's budget proposal created with the only purpose of restricting  municipalities  from correcting I auditing business return filings or making assessments; and

 

WHEREAS, provisions  in  this  proposal  will  hamper  municipalities'  ability  to  audit  and  correct municipal income tax business returns, to equitably enforce the municipal income tax laws; and

 

WHEREAS, the municipal income tax is the single largest revenue source, which provides essential municipal services, promoting a positive quality of life that residents and businesses alike rely upon, and any forced reduction in this revenue will have a negative impact on residents and businesses, creating an environment detrimental to retaining and attracting business in Ohio; and

 

WHEREAS, it is necessary for this resolution to be passed as an emergency measure and made effective immediately for the preservation of the public peace, property, health and safety; now, therefore,

 

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:

 

Section 1.       The  Ohio  General  Assembly  should  immediately  remove   all language pertaining to municipal income tax collection and administration, and should promote upcoming changes to the Ohio Business Gateway as a solution for businesses to file municipal income tax returns in a more simple and efficient manner, with the Ohio Business Gateway continuing to act only as and optional portal to remit payments and filing information directly to municipalities,  and not to the Ohio Department of Taxation for processing.

 

Section 2.      This Resolution is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare and for the further reason that the City must maintain revenue levels without threat of assault via legislation proposed by the Governor or the Ohio General Assembly; therefore, this Resolution shall be in full force and effect immediately upon its adoption by Council.