btac final report on phasing out gross receipts tax 09.14.11

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  • 8/4/2019 BTAC Final Report on Phasing Out Gross Receipts Tax 09.14.11

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    Report of Business Tax Advisory Committee

    Recommending How to Eliminate

    September 14, 2011

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    Executive Summary

    LAs Gross Recei ts Business Tax with Rates Ran in U to 0.507% is

    Unconscionably High9.5 Times Higher Than Average for Rest of LA

    County

    s o s ave ontracte e opu a on as xpan e ver as

    Decades

    Citys Untenably High Unemployment Rate of 14.6% is 60% Higher Than

    Nations Already Lofty 9.1% Level

    City of LAwith All of Its Structural AdvantagesShould be Leading LA,

    LAs Reputation for Being Business Unfriendlyand Thus Worker & Quality of

    Life UnfriendlyEmanates from Most Visible Embodiment: Onerous &

    Widely Criticized Gross Receipts Tax

    Business Tax Advisory Committee, Task Force Appointed by Mayor & City

    2

    ,

    Receipts Tax Over Next 4 Years

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    Executive Summary (Cont.)

    Econometric Anal sis Commissioned b Cit Indicates Im act from Elimination

    of Business Tax Could Range from Revenue Neutrality (Worst Case) to $263-

    Million Revenue Windfall (Best Case) for LA

    ,

    Revenues Stemming from Increased Economic Activity Would Offset Impact asBusinesses Coming to, Expanding Within or Staying in LA Drive Strong

    Analysis Estimates 131,000 New Jobs Would be Created, Returning LA

    Residents to Near Full Employment Worst Case Ana ys s Est mates 423 M on o In rect Revenue Ga ns,

    Effectively Neutral with Loss of Gross Receipts Tax, But LA Would be Better

    Positioned for Economic & Employment Growth in Future Thanks to Newly

    cqu re epu a on or e ng us ness r en y Average Case Shows $604 Million in Incremental Indirect Revenues, a Net

    Positive Contribution to Citys Coffers of $179 Million

    3

    Best Case Indicates $688 Million, a Net Gain of $263 Million for LA

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    Executive Summary (Cont.) Indirect Revenue Gains Consist of

    Increased Sales from ew Employer & Employee Purchasing Power

    Property Tax Gains from Heightened Demand for Commercial & Residential

    Real Estate

    nsecure roper y ax ncreases

    More Employers & Employees Driving Greater Utility Tax Streams Increased Economic Activity Driving Higher Permits, Licenses & Fees

    4-year Phase Out Would be Designed to Prevent City from Being in a Deficit

    Position as Direct Result of Reduction & Elimination of Business Tax

    No Strings Attached Elimination of Gross Receipts Tax Necessary

    Businesses Abhor Uncertainty and Wont Commit Money to Investing in LA

    Operations if Theres Even a Possibility Business Tax Phase-Out Can be

    Interrupted or Reversed New Business Tax Exemption Implemented in 2010 Should be Extended Until

    Gross Receipts Tax Has Been Completely Phased Out

    4

    Removes Any Barriers to Immediate & Unfettered Business Attraction and

    Job Growth While Business Tax Phase-Out is in Process

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    Where We Are Today

    Tax Structure

    Business Tax isNotCompetitive with Neighboring Cities

    Businesses Believe Rates are Too High, with Ample Justification Classifications are Confusing & Lack Logical Connections

    Many Businesses Have Left, are Leaving or are Threatening to

    Leave Los Angeles Other Businesses Decline to Locate or Expand in Los Angeles

    Increasingly Difficult to Attract New Businesses

    e o oss esp e arp ncrease n opu a on High, Double-Digit Unemployment

    5

    . ,

    Than the Nation

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    Los Angeles: Population Growth,

    City of Los Angeles Population & Employment Trend Compared to Rest of LA County

    Los An eles Cit Rest of LA Count

    Population Employment Population Employment

    1980 2,969,181 1,815,494 4,503,580 2,123,5082010 3,792,621 1,650,417 6,025,984 2,472,846

    Change 823,440 (165,077) 1,522,404 349,338

    Between 1980 and 2010, the Population of the City of Los

    Percent Changes

    1980-2010 27.7% -9.1% 33.8% 16.5%

    Angeles has Grownby 27.7% while the Number of Jobs Created

    in the City hasDeclinedby 9.1%

    ,(Excluding LA City) has Grown by a Similar 33.8% while the

    Number of Jobs Created has Increasedby 16.5%, Fully 25.6%

    6

    and 514,000 JobsHigherthan LASource: Southern California Association of Governments (SCAG) RTP Database

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    Impressive City, Depressing Job Performance

    , a on s arges y w ompe ng ompara veAdvantages, Should be a Business & JobsMagnet

    Two World Renowned Research Universities USC & UCLA

    Highly Skilled Workforce World Leading Industry Sectors Ranging from Entertainment &

    Fashion to International Trade & Manufacturing

    Some of the Worlds Most Valuable Fixed Assetso

    o Worlds Busiest Origin & Destination Airport (LAX)

    So Why Has LA Not Only Failed to Produce a SingleNet New

    Private Sector Job in Three Decades, But ActuallyLost165,000 Net

    7

    Jobs?

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    LAs Gross Receipts Tax is a Job Killer

    The Difference? LA City Has the Highest Business Tax by a

    Factor of9.5 Times* the Average for the Other 87 Cities in theounty

    o Citys Highly Visible Position on Top of Business Tax Totem

    Pole Severel Hinders Business Attraction Ex ansion &

    Retention and Thus Job Creation

    o 2010 Survey byLos Angeles County Business Federation

    Their City as Business Friendly vs. Only 26% in City of LA

    As Weak Economy Drives Heightened Competition for Business &

    Employment, LAs Gross Receipts Tax Looms Larger asDisincentive to Economic Activity & Job Creation

    8

    Including Business Tax (CB Richard Ellis, Travers Realty)*Source: 2010 Kosmont-Rose Institute

    Cost of Doing Business Survey

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    Key Findings From 2007 Tax Foundation

    Stud on Gross Recei ts Tax Structure Economic Neutrality: Gross Receipts Tax Interferes with

    Private Market Decisions

    Competiveness: Gross Receipts Tax Interferes with Capacity ofBusinesses to Compete with Companies in Other Jurisdictions

    a rness: ross ece p s ax oes no rea qua y ua eBusinesses the Same. Businesses with Similar Net Incomes

    Could Have Radically Different Tax Rates when Based on

    Transparency: Gross Receipts Tax is a Stealth Tax with its TrueBurden Hidden from Taxpayers

    Rate: Unlike most Taxes, the Effective Rate of a Gross ReceiptsTax is Higher than Statutory (or Advertised) Rate

    9

    Source: Gross Receipts Taxes in State Government Finances: A Review of Their History and Performance. Publication of Tax Foundation, John L

    Mikesell, Jan. 2007. Web. 11 Mar. 2010. .

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    Penal Aspect of Professions & Occupations Catch-All

    Out of Touch with Current Economic Realit Gross Receipts Tax 1st Adopted in 1936, when L.A. Economy was

    Manufacturing Driven

    Rates were Designed to Attract & Retain Manufacturing JobsTotal Nonfarm Employment*

    Transportation &Utilities, 4.0%

    Construction, 2.8%

    Mining, 0.1%

    1949 2010

    Construction, 7.7%

    Mining, 1.0%

    Manufacturing, 9.9%Manufacturing,

    30.3%

    Utilities, 8.0%

    Services, 52.3%

    Trade (wholesale &retail), 15.6%

    Services, 14.7%

    , .

    10

    Government, 15.3%Trade (whoesale &

    retail), 25.6%

    *Los Angeles County

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    Penal Aspect of Professions & Occupations Catch-All

    Out of Touch with Current Economic Realit Stark Reality of 2011 is L.A. Economy is Service-Based

    Services Businesses were 52.3% of Total Last Year, Up from Just

    14.7% a Half-Century Ago

    Manufacturing Down to anAnemic 9.9% of Total from 30.3%

    , . . rown

    860% while Manufacturing has Shrunkby 11%

    A Gross Receipts Tax Structure that Gouges the Regions PrimarySource of Employment is Counterproductive & Self-Defeating

    No Surprise, 42% of Taxpayers Lumped Into Highest Catch-All

    City Tax Should at Worstbe Neutral and at Bestbe Source of

    Encouragement for Business Location & Job CreationL.A.s Onerous

    11

    Gross Rece pts Bus ness Tax s an O stac e, a Deterrent & an

    Anachronism

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    Current Rates in 15 Highest Cities in Los Angeles

    Count Professions & Occu ations Catch-AllLos Angeles 0.507%

    Santa Monica 0.503%

    Culver City 0.301%Inglewood 0.165%

    El Monte 0.147%

    San Fernando 0.132%

    Claremont 0.111%

    Compton 0.107%Gardena 0.101%

    Hawthorne 0.100%

    Lomita 0.073%

    a m a e .Bell 0.044%

    Huntington Park 0.040%

    12

    .

    Source: 2010 Kosmont-Rose Institute

    Cost of Doing Business Survey

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    Current Rates in 15 Largest U.S. Cities

    Professions & Occu ations Catch-AllGross Receipts Employee Tax

    City Rate Per 100 Employees

    New York 0.000 *

    Los Angeles 0.507

    Chicago 0.000 $4,320

    Houston 0.000

    a e p a .

    Phoenix 0.000

    San Antonio 0.000

    San Diego 0.000 $560

    Dallas 0.000

    San Jose 0.000 $1,806

    Jacksonville 0.000 $526

    .

    San Francisco 0.000 $105,500

    Austin 0.000

    Columbus 0.200

    13

    * Tax Imposed on Income

    Source: 2010 Kosmont-Rose Institute

    Cost of Doing Business Survey

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    Current Rates in 15 Other Major Metros in U.S.

    Professions & Occu ations Catch-AllGross Receipts Employee Tax

    City Rate Per 100 Employees

    os nge es .

    Baltimore 0.000Boston 0.000

    .

    Cleveland 0.000

    Denver 0.000 $4,800

    Detroit 0.000

    Las Vegas 0.000 $7,500

    Miami 0.055

    Minneapolis 0.000

    .

    Oakland 0.252

    Seattle 0.216

    St. Louis 0.000 $7,500

    14

    Washington DC 0.000

    Source: 2010 Kosmont-Rose Institute

    Cost of Doing Business Survey

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    Gross Receipts Tax A Highly VisibleLightning Rod

    Of 87 Competing Jurisdictions in L.A. County, Only 28 Employ a

    Gross Receipts Tax &None as High as City of L.A.

    Alternative, Fairer Methods of Imposing Business Tax

    No Tax

    Fixed Amount per Employee

    Fixed Amount per Square Foot Owned / Leased Because ofProposition 218, No Quick Fix for Gross Receipts Tax

    Prop. 218 Requires Voter Approval to Increase Any Part of

    Eliminating Gross Receipts Tax & Replacing with per Employeeor per Square Foot Tax Could Reduce Business Taxes for 99% of

    15

    ompan es, u ou op epea n s rac s an s oProp. 218

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    City Policy Makers Take Action

    at Behest of Mayor & City Council

    9 Appointees to Committee

    Kathy Faulk (Hahn) Michael Gagan (Perry)

    Sal Gomez (Villaraigosa)

    Lloyd Greif (Garcetti)

    Craig Morris (Garcetti)

    Melissa Patack (Villaraigosa)

    Mel Wilson (Wesson) BTACs Mission

    To Re orm the Los An eles Cit Business Tax to Create a Fair

    16

    Transparent, Competitive and Business-Friendly Environment

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    Successful investment banking career spanning three decades

    BTAC Members

    Foun e Los Ange es ase m e-mar et nvestment an Grei & Co. n 1992

    Prior - Vice Chairman ofSutro & Co. and Managing Director of Investment Banking Division

    Management Consultant with Touche Ross & Co. (Deloitte Consulting LLP)

    Endowment ofLloyd Greif Center for Entrepreneurial Studies at USCin 1997

    , os nge es o ce oun a on, , a orn a am er o ommerce

    Chairman,LAEDC

    BA - UCLA (Economics), MBA - USC(Entrepreneurship) and JD -Loyola Law SchoolChairman Lloyd Greif

    President & CEO, Greif & Co.

    State and Local Tax Partner with 27 years experience in KPMG LLCs Los Angeles office where he

    Prior - lead tax partner for many ofKPMGs audit and tax clients

    Co-authored Practical Guide To California Taxes: The Impact Of Economic Crisis a book on

    recent developments in California taxation published in May 2010 Member,American Institute o Certi ied Public Accountants and Cali ornia Societ o CPAs

    BS from Pepperdine University Accounting and MS in Taxation from Golden Gate UniversityVice-Chair Craig MorrisPartner,KPMG LLP

    President and CEO ofLos Angeles LDC, Inc., a U.S. Department of Treasury certified Community

    Development Financial Institution

    Responsible for infusing $250 million of capital into low income and distressed communities while

    stimulating new business and employment opportunities

    Prior Vice President at Security Pacific National Bank

    Past Chairman, Urban Land Institute District Council Executive Committee

    17

    , ,

    LA Initiative

    BA Loyola Marymount University (Bus. Admin.), USC Ross Minority Program in Real Estate

    Michael Banner

    President & CEO

    Los Angeles LDC, Inc.

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    BTAC Members General Manager ofOmni Hotel Los Angeles at California Plaza

    25-year industry veteran having worked with such companies asDestination Hotels & Resorts,

    Rosewood Hotels,Hilton Hotel Corporation, Disney Hotels, The Mansion on Turtle Creekand

    Richardson Hotels

    Prior - General Manager positions at bothHilton Checkers andMillennium Biltmore

    , ., ,

    Executive Board for the Downtown Central Business Improvement District

    BS Texas A&M Commerce (Business Administration)Kathy FaulkGeneral Manager, Omni Hotel

    Partner with Kindel Gagan, a Los Angeles-based public affairs consulting firm

    e eran o years o eg s a ve an a m n s ra ve serv ce w a e o a orn a

    Specialties include water, agriculture, environment, public finance and transportation

    Prior principal withRose & Kindel from 1988 through 2009, Chief Deputy Secretary of State

    under March Fong Eu and Chief Deputy State Treasurer under Jess Unruh

    Senior Manager and Project Manager forErnst & Youngs West region SALT incentives practice

    ro essor, o cs o eve opmen a s ra uate c oo o ea state eve opment

    Member, City of Los Angeles Commission on Revenue Efficiency

    BA, Political Science and MS, Public Administration UC Davis

    Michael Gagan

    Partner,Kindel Gagan

    During nine-year tenure, has provided SALT negotiated and statutory incentives services to manyofErnst & Youngs largest manufacturing, consumer/retail and healthcare clients

    Prior - Senior Regional Manager with theLos Angeles County Economic Development

    Corporation where worked alongside State, counties, and cities to retain and attract major

    18

    BS UC Berkley (Business Administration)Sal Gomez

    Senior Manager,Ernst & Young

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    Past Managing Partner ofKirsch, Kohn & Bridge LLP, Certified Public Accountants

    BTAC Members

    Member of theAmerican Institute of Certified Public Accountants and California Society of Certified

    Public Accountants (CalCPA)

    Past Member of the Board of Directors of the Los Angeles Chapter ofCalCPA

    Current Co-Chair of the San Fernando Valley Attorney/CPA Discussion Group

    Vice President, State Government Affairs forMPAA

    oar em er, a ey n ustry ommerce ssoc at on an a ey conom c eve opment enter

    BS from UCLA Business AdministrationMel KohnFormer Managing Partner

    Kirsch, Kohn & Bridge LLP

    Has represented major motion picture studios in state and local government relations since 1997

    Prior worked in the United States Senate on the legal staff of the Senate Judiciary Committee and

    as counsel to the Chairman of the Senate Ethics Committee

    Began legal career in Chicago as an associate with law firms Friedman & Koven and Sachnoff &

    Weaver, spec a z ng n a or an emp oyment aw

    Serves on the Budget and Finance Committee ofTemple Beth Am in Los Angeles

    BS Cornell University (Industrial and Labor Relations), JD Boston University School of Law

    Melissa Patack

    VP, State Government AffairsMotion Picture Association of

    America, Inc.

    ,

    Realtor of the Year Award & former member,LA City Fire Commission Director,Metropolitan Transportation Authority (MTA), Past Chairman, United Chambers of

    Commerce of San Fernando Valley and Founding Board Member, Valley Economic Alliance

    President of the Southland Regional Association of Realtors, Californias largest local real estate

    19

    tradegroup, and Member of the California State University Presidents Advisory Board

    BS California State University Northridge (Business Administration)Mel Wilson

    Altera Real Estate MelWilson & Associates

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    BTAC Goes to Work

    ,Meetings and Countless Subcommittee Meetings, Hearingsand Forums with

    y

    City Council Members

    Community Members

    Entrepreneurs Business Executives

    City Staff/Proprietary Departments

    Academicians and Economists Business Organizations

    20

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    BTACs Initial Recommendations

    ,Recommendations That Have Been Implemented To

    Attract New Business & Bring Employment to Los Angeles

    -

    Create Consistency, Fairness and Transparency in Administration ofthe Business Tax

    o eve opmen op on o a axpayer s o g s

    o Expansion of Board of Review to Consist of a Majority of Public

    Memberso Establishment of Clearly Defined Statute of Limitations for Tax

    Audits

    o Made Prior Board of Review Decisions on Business

    ass ca on e roac ve y rrevers e o ange nBusiness Facts or Circumstances

    Increase Compliance with City Tax Code by Businesses

    21

    o Established 3-Year Voluntary Disclosure Program to IncentivizeBusinesses Currently Not on Citys Tax Rolls to Come Forward

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    BTACs Proposals with Economic Impacts

    Anticipated to Have Economic Impacts on the City withObjective of RevenueNeutrality

    Reduce or Eliminate the Gross Receipts Tax Ca the Gross Recei ts Tax for Pa ers

    Implement a Lower Corporate Headquarters Tax

    Incentivize Com anies to Locate Near PublicTransportation Centers by Imposing Lower Tax Rates

    Incentivize Companies to Remain in LA

    Temporarily Exempt New Businesses from Taxation

    Provide Tax Credits to Businesses That Create New

    22

    Jobs

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    Economist Retained to Analyze BTACs Proposals

    ,

    Finance (Finance)Issued an RFP to Retain Outside Expert to

    Conduct Economic Analysis of BTACs 8 Proposals

    Professor Charles Swenson of University of SouthernCalifornias Marshall School of Business Selected by City to

    Professor and Leventhal Research Fellow at USCs Marshall School of Business since 1987

    Prior Visiting Professor at UCLA and Caltech

    Conducts economics-based research on state and local taxation location-based credits and incentives

    and enterprise zones

    Published over 50 academic research and professional articles in theJournal of Law and

    Economics,Journal of Public Economics,National Tax Journal and The Accounting Review

    Serves on the editorial board of theJournal of Accounting and Public Policy and theAsia Pacific

    ourna o axa on, e ccoun ng ev ew

    Author of two tax texts and is the General Editor of the treatiseBenders State Taxation:

    Principles and Practice

    Has presented economics-based tax research before the California Senate Revenue and Taxation

    Committee and the California Assembly Committee on Jobs

    Charles Swenson, PhD

    Professor of AccountingUniversity of Southern California

    Marshall School of Business

    23

    PhD, University of Southern California; MS,Arizona State University; BS, University of Arizona

    Three-time recipient of the Tax Manuscript Awardfrom theAmerican Taxation Association

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    Economic Analysis Supports Gross Receipts Tax Repeal Expert Hired by City Delivered Final Report to Finance and BTAC on August 3, 2011

    Of BTACs 8 Recommendations, Dr. Swenson Determined Proposal to Eliminate

    Business TaxIn Its Entirety Would Have Greatest Impact on Boosting Economic

    Activity & Creating New Jobs

    Professors Extensive Economic Research, Analyzing Past Business Tax Breaks,

    Concluded That, at Worst, Elimination of Business Tax Would be Revenue Neutral toLA &, at Best, Would Generate Approximately $263 Million of Additional Revenues

    os ncome rom us ness ax ou e ore an a e p or y n rec

    Revenues Generated from Increased Economic Activity and Job Creation

    New, Retained and Expanding Businesses Would Beget Greater Employment,

    o Sales Taxes from Employer & Employee Purchases

    o Unsecured Property Tax Gains

    o

    roperty ax a ns rom ncrease eman or ommerc a es ent a eaEstate

    o More Employers & Employees Fueling Utility Tax Gains

    24

    o Increased Economic Activity Driving Greater Income from Permits, Licenses &

    Fees, as Well as Power Revenue Transfers

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    Benefits of Gross Receipts Tax Elimination

    ,or Staying in Los Angeles

    Increased Cash Flow for Businesses to Expand in City

    Leads to: Job Growth

    Business & Economic Expansion

    Increased Sales Tax Base

    o Businesseso Employees

    Increased Property Values & Taxes

    Increased Base of Businesses with Attendant Multiplier Effects

    Brings Tax Code into Alignment with Reality of 21st Century Service-st

    25

    . -

    Ago

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    Benefits of Gross Receipts Tax Elimination (Cont.)

    LAs Onerous Gross Recei ts Tax is Not Just Unfriendl to Business

    Its Unfriendly to Workers, the City and the Quality of Life for All

    Residents

    ,

    Indirectly Create More Jobs Together, These Direct, Indirect & Induced Jobs Generate Local & State

    Tax Revenue that Supports Social Programs Which Support LAs Quality

    of Life

    Hence LAs Vastl More Burdensome Business Tax is Not OnlBusiness Unfriendly, Its Worker, City & Quality of Life Unfriendly, Too

    Reduction in Jobs, Budgetary Resources & Quality of Life Due to Highly

    Cities Have Either Much Lower or No Business Taxes

    More Businesses Locating in City Also Increases Local Philanthropy

    26

    Corporate Giving is Greatest Where Company is Headquartered

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    Greater Economic Activity =

    Greater & More Diverse Cit Revenue Based on Extensive Economic Analysis, Research & Empirical Data, USCProfessor Swenson Concluded That Elimination of Gross Receipts Tax Would

    ncen v ze ore us nesses o ome o, xpan n ema n n

    Resultant Heightened Economic Activity Anticipated to Drive StrongEmployment Growth of Approximately 131,000 New Jobs

    Loss of Business Tax Revenue Estimated to Be More Than Made Up For by

    Gains in Such Other Indirect Revenues from Increased Economic Activity and

    Employment as: Power Revenue

    Property Taxes

    Sales Taxes

    Secured

    Property Tax,46.0%

    Licenses,

    Permits, Fees,etc., 10.0%

    , . All

    Others,8.0%

    t ty axes Permits, Licenses & Fees

    Power Revenue Transfers

    Sales Tax,

    19.0%

    27

    Unsecured

    Property Tax,7.0%

    Utility

    Tax, 7.0%

    Source: Report to the City of Los

    Angeles on Potential Revisions to the

    Business Tax, Charles Swenson,

    August 2011

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    City Income from Increased Economic ActivityBusiness Tax Revenue vs. Indirect Revenues From Increased Economic Activity & Employment

    ($ Millions)

    $21$55

    $700

    $800

    $604

    $688

    $425

    $42$48$42

    $48

    $80

    $115$131

    $42

    $60

    $69

    $13

    $18

    $34

    $48

    $300

    $400

    $500

    $423

    $195$278

    $317

    $30$30

    $0

    $100

    $200

    Business Taxes Worst Case Average Case Best Case

    Business Taxes Secured Property Tax Unsecured Property Tax Utility Tax

    Sales Tax Licenses, Permits, Fees, etc. Power Revenue Transfers All Others

    ,

    Expected to Receive General Fund Revenue of Approximately

    $423 Million in Worst Case and $688 Million in Best Case

    28

    r ven y esu an ncrease conom c c v y mp oymenSource: Report to the City of Los Angeles on Potential Revisions to the Business Tax, Charles Swenson, August 2011

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    Impact on General FundLos Angeles City Current & Pro Forma Revenue

    $4.30 $0.42

    $0.28$0.04

    $0.04

    $0.11$0.06

    $0.02$0.05 $4.48

    $4.30

    $4.50

    .

    s

    $3.88

    $3.70

    $3.90

    $4.10

    $i

    nb

    illio

    $3.50

    General Fund Reduction in

    BusinessTaxes

    Revised

    General Fund

    Secured

    Property Ta x

    Unsecured

    Property Ta x

    Utility Ta x Sa les Ta x Licenses,

    Permits, Fees,etc.

    Power

    RevenueTransfers

    All Others New General

    Fund

    Business Taxes Make Up $425 Million of the Citys $4.3-BillionGeneral Fund

    Elimination of Business Tax Revenue is Ultimately Expected to Result in

    Additional Revenue of Approximately $604 Million (Average Case)

    Including Incremental Property, Sales & Utility Taxes for a Net Gain toLA of $177 Million

    Expected to Result in Strengthened General Fund of Approximately

    29

    $4.5 Billion Once Indirect Revenue Gains Take EffectSource: Report to the City of Los Angeles on Potential Revisions to the Business Tax, Charles Swenson, August 2011

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    Proposal: 4-Year Phase Out

    of Gross Recei ts TaxProvide Pro Rata Relief to Taxpayers Based on Amount of Taxes Paid

    Year 1 Year 2 Year 3 Year 4

    - a us uo ssum ng e uc on ssum ng e uc on ssum ng e uc on u e uc on

    Class Gross Receipts Rate Taxes Paid Rate Taxes Paid Rate Taxes Paid Rate Taxes Paid Rate Taxes Paid

    1 $8,899,706,484 0.101% $8,988,704 0.076% $6,741,528 0.051% $4,494,352 0.025% $2,247,176 0.000% $02 30,049,286,477 0.101% 30,349,779 0.076% 22,762,335 0.051% 15,174,890 0.025% 7,587,445 0.000% 0

    3 18,397,048,279 0.127% 23,364,251 0.095% 17,523,188 0.064% 11,682,126 0.032% 5,841,063 0.000% 0

    4 45,167,372,001 0.127% 57,362,562 0.095% 43,021,922 0.064% 28,681,281 0.032% 14,340,641 0.000% 0

    5 3,139,538,412 0.127% 3,987,214 0.095% 2,990,410 0.064% 1,993,607 0.032% 996,803 0.000% 0

    6 4,337,977,300 0.255% 11,061,842 0.191% 8,296,382 0.128% 5,530,921 0.064% 2,765,461 0.000% 0

    7 651,956,846 0.315% 2,053,664 0.236% 1,540,248 0.158% 1,026,832 0.079% 513,416 0.000% 0

    8 4,069,850,285 0.356% 14,488,667 0.267% 10,866,500 0.178% 7,244,334 0.089% 3,622,167 0.000% 0

    9 48,634,380,065 0.507% 246,576,307 0.380% 184,932,230 0.254% 123,288,153 0.127% 61,644,077 0.000% 0Other 26,596,953 19,947,715 13,298,477 6,649,238 0

    All Classes (1-9) & Other Taxpayers Receive Immediate Relief in

    Direct Proportion to Amount of Taxes Paid in Fiscal Year 2009/2010

    $424,829,944 $318,622,458 $212,414,972 $106,207,486 $0

    Provides Greatest Relief to Taxpayers Paying the Most Taxes

    CitysExorbitant 0.507% Occupations & Professions Catch-All Category

    30

    Dollar Amount of Tax Burden Declines by 25% Each Year

    f h d li i i

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    Revenue Impact of Phased Elimination

    Business Tax Revenue & Indirect Revenue Gains Four-Year Phase Out($ in millions)

    $600

    $700

    $524

    $564

    $604

    Indirect RevenueGains

    Business Taxes $300

    $400

    $50040

    145

    250 355

    $459$465 $463 $462 $461

    $0

    $100

    $200425

    319

    212

    106

    Status Quo

    Persistent Negative

    Sign Law EliminatingBusiness Tax Over FourYears

    Public Relations

    Begin Phase Out ofBusiness Tax 1 YearAfter Signed Into Law

    Continue to See Indirect

    Continue to See Benefitsof Indirect RevenueGains

    All Indirect Revenue

    Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7

    Unfriendly

    Continuation of Anti-Competitive Positioning,High Unemployment &Job Contraction

    Business Tax Revenue of$425 Million Will

    Being Open for

    Business Immediately See IndirectRevenue Gains of $40Million for Sales Tax,Unsecured Property Tax& Utility Tax as

    Prior Year Grow to $80

    Million Begin to See NewIndirect Revenue Gainsof $65 Million as AllOther Indirect RevenueSources Begin to Kick In

    Achieved 7 Years After

    Law Signed Total Indirect RevenueGains of Approximately$604 Million (AverageCase) a 42% IncreaseOver Original Business

    31

    Ongoing Loss ofEmployers & Jobs

    Favorably to Phase-Outof Business Tax in NearTerm

    . .,Tax, Licenses, Permits,& Fees, Power RevenueTransfers, etc.)

    I di R Ph I A i

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    Indirect Revenue Phase-In AssumptionsEstimated Time Table for Indirect Revenue Impacts

    Category Phase-In Assumption % of Total

    Business Taxes Assume ordinance is signed Day 1, Year 0 and takes effect Day 1, Year 1

    Secured Property Tax Starting one year after law is signed and fully complete in five to seven years (7 years assumed) 46.0%

    nsecure roper y ax ar ng mme a e y a er aw s s gne , an u y comp e e n ve years .

    Utility Tax Starting immediately after law is signed, and fully complete in five years 7.0%

    Sales Tax Starting immediately after law is signed, and fully complete in five years 19.0%

    Licenses, Permits, Fees, etc. Starting first year of tax change and fully complete in five years 10.0%

    Power Revenue Transfers Starting one year after law is signed and fully complete in five years 3.0%

    All Others Starting first year of tax change and fully complete in five years 8.0%

    $ in millions

    Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7

    Secured Property Tax $0.0 $39.7 $79.4 $119.0 $158.7 $198.4 $238.1 $277.7

    Unsecured Property Tax 8.5 16.9 25.4 33.8 42.3 42.3 42.3 42.3

    Utility Tax 8.5 16.9 25.4 33.8 42.3 42.3 42.3 42.3

    Sales Tax 22.9 45.9 68.8 91.8 114.7 114.7 114.7 114.7

    Licenses, Permits, Fees, etc. 0.0 12.1 24.2 36.2 48.3 60.4 60.4 60.4

    Power Revenue Transfers 0.0 3.6 7.2 10.9 14.5 18.1 18.1 18.1All Others 0.0 9.7 19.3 29.0 38.6 48.3 48.3 48.3

    Indirect Revenue Gains $39.9 $144.7 $249.6 $354.5 $459.4 $524.4 $564.1 $603.8

    32

    Source: Report to the City of Los Angeles on Potential Revisions to the Business Tax, Charles Swenson, August 2011 and BTAC Estimates

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    Business Tax Elimination

    Phase-In Dos & Donts Elimination of Business Tax Must be Across the Board for All Industries & SizeCompanies

    Reputation & Reverse 30-Year History of Job Declines Vast Preponderance (88%) of Net New Job Creation Driven by Small

    *Net New Job Creation by Firm Size (Employees)

    1993 - 2006

    500+, 12.0%

    20 499, 16.0%

    < 20, 72.0%

    33

    *Source: U.S. Small Business Administration, U.S. Department of Labor & Census Bureau

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    Business Tax Elimination

    Phase-In Dos & Donts Cont. Businesses Require Certainty & Predictability and WillNotMake Investments toExpand or Relocate if Elimination of Business Tax Has Strings Attached

    Time Table for Elimination Needs to be Fixed & Invariable

    Tying Pace or Amount of Phase-Out to Indirect Revenue Triggers or

    Milestones Will Doom Initiative to Failure

    Businesses Will Not Make Decision & Financial Commitment to Come to or

    Grow in LA if There IsAny Potential for Phase-Out Not to Occur

    Trust Us Doesnt Work in Good Economic Times, Let Alone Bad

    To Accelerate Attraction of New Businesses to Cit New Business Tax Exem tion

    Currently in Place Should be Extended Until Business Tax Phase-Out is Completed

    Ordinance No. 181271 Set to Expire December 31, 2012

    Should be Extended Until Business Tax Has Been Com letel Phased Out

    Step Designed to Move the NeedleImmediately Since Bridges Over Phase-InPeriod to Spur Critically Needed Job Growth

    34

    Start in or Relocate to LA

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    Business TaxIndirect

    35