SPRING 2000
Sales Taxes on Services
Sales taxes have become more of a major public policy controversy at the national, state, and local levels of government as the debate over tax treatment of the Internet escalates. This controversy has at least two dimensions. First, the out-of-state sales issues extends beyond Internet sales to not only catalog sales, but also those goods sold through television advertisements, paid programs, and home shopping channels. Second, there remains the serious issue as to whether sales taxes should also be applied to services as well. This latter issue arises from the economic maxim that a tax should be as broad-based as possible so as to lower the rate and minimize the price distortions. It also raises the question of fairness in a similar manner as the debate over Internet sales versus "Main Street" sales -- why should sales of some businesses be subject to taxes while others are not? For example, sales taxes in Oklahoma typically go into a general fund to finance a range of public services. All businesses benefit from the provision of public services and public infrastructure, not just retail stores. In addition, since it is not the business that pays the sales tax but rather the consumer, objections from service businesses to a sales tax tend to focus on the difficulty and cost of collection rather than the impact on sales of its services. In fact, an argument can be made that taxes on services actually has less impact on the level of sales because consumers cannot easily go to another state or even country for services, while they can do so for goods.
Another equity or fairness argument enters through the taxpayer. Since the poor can generally be expected to spend a larger share of their budget on goods and less on services than the rich, broadening the tax base would reduce the regressivity of the sales tax. This would be particularly true if it permits the tax rate to be reduced.
Some background information may help at this point to put Oklahoma in perspective. State and local sales taxes can be levied on food and non-prescription drugs but not on prescription drugs. Currently, there are 27 states that exempt food from sales taxes and 9 states that exempt non-prescription drugs from sales taxes. There are 43 states that, like Oklahoma, exempt prescription drugs. Thirty-one states exempt consumer electric and gas utilities. More than half of the states tax services such as household, automobile, and appliance repairs, barber and beauty shops, printing, rentals, dry cleaning, and interior decorating. However, only three states tax all personal and professional services; in general, professional services such as legal and financial services are exempted by most states. Bowman and Kearney predict that many personal and professional services are "likely to lose their tax-favored status in years to come, as states extend sales taxes to services incrementally, fighting industry and lobbyists one at a time.
In its region, Oklahoma applies sales taxes to a very small number of services compared to neighboring states. Oklahoma law currently allows taxation of 32 different types of services, primarily utilities and admissions/amusements. In comparison, Texas and Kansas tax approximately 80 different types of services.
The Oklahoma Municipal League estimated that $90 million in revenues could have been generated in 1996 municipal sales taxes by extending the range of taxable services to include personal services, business services, auto repair services, and miscellaneous repair services. At the state level, broadening the range of taxable services to include such areas as finance, insurance, and real estate, and personal, business, business, and computer services could generate as much as $100 million more in sales tax revenues if Oklahoma taxed the same categories of services as Texas.
One proposal that occasionally surfaces within public policy circles is to swap Oklahoma’s sales tax on groceries for sales taxes on an expanded list of services. According to the Oklahoma Municipal League, grocery sales generated an estimated $98 million in sales tax revenues for Oklahoma municipalities in the fiscal year 1996-97. At the state level, sales taxes on groceries are projected to produce approximately $178 million in fiscal year 2000.
While it is difficult at this point to compare exactly which services that municipalities and the state have used in their estimates, it does seem evident that sales taxes on an expanded range of services could potentially offset revenues from sales taxes on groceries. Economists and political scientists agree that sales taxes on food and clothing are clearly regressive, and thus such taxes place a heavier relative tax burden on lower-income people. However, it should also be noted that a sales tax on some services not currently taxed, such as personal services and repair services, would also affect low-income persons and thus the regressive nature of sales taxes on food would not be completely offset.
From a strictly economic perspective of improving tax efficiency, traditional public finance theory tells us that a tax should be as broad as possible in order to reduce the overall tax rate and minimize price distortions. Issues that arise in broadening the tax base include not only tax efficiency, but also: equity or fairness, e.g., tax regressivity; the associated compliance, administrative, and enforcement costs; and long run revenue implications. Currently, the Oklahoma sales tax applies to most goods (e.g., including groceries but excluding prescription drugs) and a limited number of services (primarily utilities and admissions/amusements). This tax scheme is generally considered regressive in that the sales of these items (especially groceries) account for a larger share of the budget of the typical low income family than that of the rich. However, one of the major arguments against taxing services is the cost of compliance on the part of the seller and the cost of administration and enforcement on the part of the government. An additional argument for expanding the tax base rests on the current and future erosion of the tax base as the pattern of purchases continues to shift from goods to services and to out-of-state sales. This argument may arguably become especially relevant given the restrictions placed on tax increases due to SQ640.
DETAILED SUMMARY OF SURVEY RESULTS
Respondents were asked to rank the alternatives A, B, and C from first to third most desirable for
each of the following criteria, as well as for their overall merit based on
all four criteria. If two alternatives were considered essentially identical,
they may have been ranked both as first, second or
third.
The results are reported here for each tax base as percent ranking either first, second, or third.
Consider the following three alternative tax bases:
|
Criteria |
% Ranking Tax Base A.... |
||
| 1st | 2nd | 3rd | |
| Tax Efficiency | 13 | 10 | 77 |
| Tax Equity | 3 | 20 | 77 |
| Minimizing Associated Costs | 54 | 21 | 25 |
| Stable Long Run Tax Revenues | 3 | 20 | 77 |
| Overall | 7 | 19 | 74 |
|
Criteria |
% Ranking Tax Base B.... |
||
| 1st | 2nd | 3rd | |
| Tax Efficiency | 7 | 80 | 13 |
| Tax Equity | 67 | 30 | 3 |
| Minimizing Associated Costs | 11 | 61 | 29 |
| Stable Long Run Tax Revenues | 20 | 67 | 13 |
| Overall | 63 | 30 | 7 |
|
Criteria |
% Ranking Tax Base C.... |
||
| 1st | 2nd | 3rd | |
| Tax Efficiency | 80 | 10 | 10 |
| Tax Equity | |||