Montgomery County Councilmember Will Jawando (D - At-Large) will hold a press conference this morning to endorse two bills in the Maryland General Assembly that would broadly increase the Council's ability to hike taxes on property and income. If passed in Annapolis, the new taxing powers would allow the Council to hike property taxes even further on owners of homes 5000 SF or larger, or any subclass of property not specifically excluded in the bill, and to raise the County income tax and set multiple rates based on income. The proposed tax hikes come as County taxpayers are already paying the highest tax rates in history, and as large numbers of wealthy residents continue to flee to lower-tax jurisdictions in the region, resulting in declining revenue for the County as they take their money with them.
Last year, Councilmember Evan Glass (D - At-Large) proposed a "teardown tax," also known as a "McMansion tax." It would have taxed new construction homes that replaced existing homes, and then place an excise tax on the square footage added. The proposal was blasted by homebuilders, many of whom would have been forced out of business by the new taxes. Local media did their darndest to promote Glass and his tax, but rarely told the public that he did not even have the votes on the Council to pass it.
Jawando will endorse a bill today that brings the tax back in a new form - and then some. Applying to homes 5000 SF and larger, it again primarily targets teardown projects, by going after square footage. Jawando claims that 97% of County homeowners own homes less than 5000 SF in size, and promises that they would receive a "property tax cut." However, House Bill 1276
includes no such tax cut. There is also the possibility that the automatic assessment hikes each year would handily eclipse a nominal, tiny "tax cut." In that case, the "97 percent" of homeowners would continue to pay the same high property taxes they are now - and the ongoing annual increases.
The House bill is also much more general then what Jawando's press release would suggest. It could lead to all kinds of new property tax hikes on other kinds of property.
HB 1276 actually would allow the Council to create new, higher property taxes on any subclass of property. The bill appears that it could be used to sneak in the high taxes developers have sought for golf and country clubs that would run them out of business, forcing them to sell their club properties, to open up their vast lands for real estate development. In fact, under the current language, any subclass of property not exempted by the bill could face higher taxes of any amount sought by the Council.
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Attorney and activist Robin Ficker
is mobbed by fans outside the
Council Office Building in Rockville |
The property tax move is the Council's latest attempt to find an end run around attorney Robin Ficker's successful property tax cap ballot initiative, which requires the Council to vote unanimously to raise property taxes beyond the charter limit. When the Council did last did that, voters responded by voting to pass Ficker's ballot question allowing 12-year term limits on the Council and County Executive.
Ironically, Jawando's press conference is scheduled to take place at 11:45 AM this morning. Fifteen minutes later, at noon, Ficker is expected to deliver 55 lbs. of signed petitions for a new ballot question preventing the Council from passing another 9% property tax hike as they did recently.
But wait, we're not done talking about new taxes!
Jawando will also endorse House Bill 1494, which he claims will allow the County to increase the tax rate on incomes over $1 million a year from 3.2% to 3.5%. The Councilman says such a tax hike on millionaires would raise $88.4 million in new revenue annually.
One must ask, if true, why did the 9% increase of the already-progressive property tax only result in ongoing budget shortfalls each fiscal year since? Revenue is declining, not increasing, under the record-high tax rates now being paid. You can only get so much blood from a stone, especially when that stone has very smart tax advisors on retainer. Some on the Council continue to ignore what their own staff - past and present - has warned them about the impact of overtaxing, and their warnings are borne out in our declining revenue today.
One must also, again, read the actual text of the bill. In fact,
under the language in the bill, everyone - that includes you! - could end up paying a higher income tax rate. "But Will Jawando says we won't," someone - likely an obsequious member of the local media or political cartel - might protest. As with the desperate Council attempt to create a Transit Authority last decade, it is key to ignore what the politicians say, and read what the actual bill says.
Under HB 1494, the Council could - for example - hike the income tax of all residents to 3.4%, and of "millionaires" to 3.5%. The bill has no language protecting "non-millionaires" from a higher income tax rate. It only says wealthier residents can't pay a lower tax rate than the people in the brackets under them, and allows the Council to create those brackets.
So even if you think the property tax hike on homes bigger than 5000 SF - and the income tax hike on incomes over $1 million - are good policy, you need to lobby your legislators to actually put those specific provisions into the bill. They aren't there as of this morning.
With no amendments to the text of each bill, both proposals will allow much corrupt mischief by the Council on property taxes, certainly hit local homebuilders and remodeling firms hard financially, and absolutely set up a potential income tax hike for every Montgomery County resident.
Will the proposed tax hikes destroy the Montgomery County economy? Probably not, because the County economy has already been destroyed. The new taxes will simply put a heavier layer of concrete atop the grave of the moribund economic corpse. And will make it all the harder for a future, competent set of new leaders to restore it once we have a free and fair Montgomery County election.
