Monday, May 23, 2016

Balancing Competing Policy Interests in Determining Tax Status

A recent article on proposed Delaware legislation highlights the complexities and competing objectives lawmakers face when deciding if a nonprofit should be exempt from paying local property taxes. Here, the decision is whether or not to add the Milford Housing Development Corporation, EJB Inc., and Martha and Mary’s Place Inc., to the current list of 76 nonprofits in Delaware that currently enjoy being exempt from local property tax. These entities provide housing and/or drug treatment services to community members in need. While these organizations undoubtedly provide essential public services, granting these entities tax exempt status can have negative effects on other public services.

For example, the Milford Housing Development Corporation paid almost $30,000 in property taxes last year. To further add to the conundrum, almost all of those funds were appropriated to a local school district. In times of financial hardship, policy makers are faced with tough decisions and must balance different objectives in deciding where tax revenue should come from, and what that revenue should benefit. A thorough cost-benefit analysis must be undertaken to determine the full reach of granting an entity tax-exempt states, including both positive and negative effects. Granting an entity tax-exempt status, or deciding to appropriate tax funds to a particular area, almost inevitably means that another worthy entity will bear the cost.

Some municipalities try to alleviate this burden by requiring those entities that are designated tax-exempt to pay set fees to contribute back to the greater good. However, this can hinder the accomplishment of the entity’s purpose and cause due to a lack of funds.

Ultimately, it would take an army of professionals to make a “perfect” decision on who should be granted tax-exempt status, and who should bear the cost of that status. Even then, by the time a thorough analysis has been undertaken, the state or municipality will likely be facing different needs as a community. Policy makers must employ great foresight in making these tough appropriation decisions.

 

David Brennen

https://lawprofessors.typepad.com/nonprofit/2016/05/balancing-competing-policy-interests-in-determining-tax-status.html

Current Affairs, In the News, State – Legislative | Permalink

Comments

Tax decisions are not solely the product of financial and equity concerns. Political forces, attitudes toward nonprofit-government relations, and personal involvement in nonprofits can influence local government officials' opinions on nonprofit tax exemptions (and payments in lieu of taxes) as well. http://www.indiana.edu/~nonprof/results/documents/local-govt-PILOT-attitudes.pdf

Posted by: KLMB | May 27, 2016 4:38:43 PM

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