An interesting new report from the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) looks at how various tax incentives skew BEP education funding:

When a local government earmarks local sales tax revenues for a sports facility, for example, it has voluntarily diverted school revenues to another purpose. A TIF is a voluntary diversion of property tax revenues to a development project. A property tax abatement results when a public entity voluntarily grants a private entity the use of publicly-owned tax-exempt property.

When property is removed from the county and municipal tax rolls, this diminishes the property tax base, lowers tax capacity, and, in effect, rewards local governments that have voluntarily relinquished revenues that would have gone to public schools had the abatement not been granted. While abatements effected through leases are legal under Tennessee law, officials in counties that have utilized (or over-utilized) them should not be subsidized by excluding the values of abated parcels from their property tax bases.

In 2002, tax abatements were estimated to have cost counties and municipalities approximately $104.3 million in forgone revenues. The loss to county school systems was at least $33 million. The actual total revenue loss was undoubtedly much higher because of under-reporting. The fact is that no one knows the total amount of school revenues that are diverted or abated, and no one knows to what extent the economic benefits of abatements compensate for those losses.

If I read all this correctly, the concern (other than diverting local funds from education) is that counties that use such tax incentives understate their tax base and revenue generating capacity, thus getting a bigger piece of the BEP pie for education than they might otherwise be entitled to.

In their report, which is a follow up to a 2004 report regarding the effects of tax incentives and school funding, TACIR recommends a number of steps to address these concerns. They include improved reporting and oversight of tax incentives, accountability for cost/benefit analysis, and maintaining up to date records used in analyzing the tax base with the goal of leveling the playing field based on comparable information.

Tamara Shepherd's picture

Loophole closed, enforcement of reporting req to follow

"...looks at how various tax incentives skew BEP education funding."

I'm thinking the report comments on how EDAs (economic development agreements, including TIFs)*formerly* skewed BEP funding (but that the oversight was corrected in last year's BEP 2.0 overhaul), and looks now at what measures should be taken to enforce on counties the new requirement to report aggregate property tax base *inclusive* of EDAs. From the sidebar on the first page:

"In 2007, the General Assembly required the state's method for equalizing education funding across Tennessee's 95 counties (i.e., the BEP) to include the value of payments in lieu in taxes."

Apparently, the "hole" in the earlier formula not only allowed counties using EDAs to nab a share of BEP larger than they were due, it also caused counties NOT using EDAs to receive a share smaller than they were due. From page 3:

"Because fiscal capacity in the equalization of Tennessee's education funding formula takes the form of a set of percentages that sum to 100% for the 95 counties,if one county's capacity is understated, then all other counties' capacity will be overstated..."

...which created the appearance of a stronger ability to levy local taxes in these smaller, "undeveloped" counties than was truly the case.

So, if the only concern left in implementing the EDA reporting provisions of the new formula is how to enforce them, and if these smaller, "undeveloped" counties will benefit most from their enforcement...DOES THIS MEAN THE IDB SHOULD BE MOVED TO GRAINGER COUNTY, FOR CLOSER OVERSIGHT?! I like it!

michael kaplan's picture

The report sounds like it's

The report sounds like it's cribbed verbatim from David Cay Johnston's latest book "Free Lunch," which should be required reading for City Councilors and County Commissioners. Johnston goes into considerable detail on the "impact" of TIFs and the other tax incentives and abatements.

Bill Lyons's picture

Has anyone read this book?

I actually read "Free Lunch" and looked in vain for any mention of tax increment financing. Perhaps I missed it and someone could provide a page reference in the book for this extensive discussion. I checked and could not find a reference to TIF or “Tax Increment Financing in the index.” There is one reference to PILOTs, and that is solely in reference to IRS policy for a stadium in NYC.

Johnston makes reference to the arrangement made by a town in PA. to recruit a Cabela's store by diverting taxes. Chapter 9 “Goin Fishin” is very thinly documented, with 3 notes, one of which is to the Cabela’s web site and the other is to “Cabela’s 10.k.” Neither mentions any specific years or pages. There are references, without detail, to some sort of local government action and discussions of tax subsidies for this store ranging from 32 million to 115 million. His narrative relates to the fate of a local merchant put out of business by this small town’s pursuit of the retail giant and the massive amount of money spent to lure the retail center to the area.

This case study (the only one in the book) is based on a massive diversion of sales taxes in addition to property taxes, not even an option for local governments in Tennessee, and bears no resemblance in any way to anything city council has had before it.

Johnston did specifically reference TIFs in his interview with “Fresh Air," but, not surprisingly, with even less detail. His book, by the way, is quite interesting and worth reading, especially if one is going to suggest that others be required to read it.

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