A look behind 2 pro-SPLOST arguments

Claude Paquin's picture

The work of science is to substitute facts for appearances, and demonstrations for impressions.

— John Ruskin, English author and social critic, 1819-1900

Two of the favorite arguments of SPLOST promoters are that a sales tax makes it possible to avoid paying interest on bonds and visitors contribute a lot of sales tax. Let’s take a look at that.

Have you ever borrowed money at a 3 percent annual interest rate? If you had, would you consider yourself smart, or at least lucky?

Well, congratulations! As a Fayette taxpayer you have borrowed money at 3 percent, and you were smart or lucky.

The latest Financial Report from the Fayette Board of Education, published last December, shows (as of June 30, 2007, at page 54) that you, and all the other Fayette taxpayers, borrowed money through school bonds at interest rates ranging from 3 percent to 5.25 percent tops.

Would you consider that I am doing you a favor by suggesting you give up a loan with, say, a 4 percent interest rate by paying it off early? Or would you consider me sleazy for suggesting it?

Giving up a loan very favorable to you is precisely what the board of education wants you to do when it suggests you pay extra sales tax to retire its school bonds early.

It was not until I read an AJC editorial promoting a third consecutive Cobb County school SPLOST that I realized how some people simply don’t get it. On Aug. 30, Mike King, an AJC editor, claimed it was great for Cobb County to have paid off all its outstanding school bonds and to be paying no interest.

Many large corporations, like Coca-Cola for instance, go out of their way to borrow money at 6 percent, which they then use for projects that return 12 percent or more to their shareholders. (I studied techniques like this when, as an actuarial student, I took a standard university course called Corporate Finance.) People don’t always borrow because they are desperate; some do it because they are smart.

School bonds come with very favorable interest rates, in part because the interest income is exempt from income tax for investors. Virtually none of us, as individuals, could ever borrow at good low rates like this.

In a growing county where new schools are being built, taxpayers are obviously better off paying between 3 and 5 percent interest on their school bonds, rather than 18 percent on their credit card.

Even those with a 6 percent mortgage would be better off. If they wanted to, they could take 1 percent of everything they’ve spent each day and put it in a jar. They can think of it as their private SPLOST. Every three months, they could use the money in the jar to prepay their mortgage. They’d save more interest than by prepaying school bonds.

It is commonly known that the U.S. accounting profession has adopted generally accepted accounting principles which strive to reflect logic and fairness.

Following these principles, accountants insist that pension costs be counted as expenses for the years when people work and earn these pensions. To an employer, employees contribute to its making money and they also cost money. The revenue they produce and the cost they occasion should be counted at the same time.

For buildings, accountants want their construction cost to be capitalized, with depreciation to be taken year by year afterwards while the building is being used. The expense is charged as the building is being used.

Using the same kind of common sense, the cost of school buildings ought to be charged to those who use them, year by year. It is unfair to ask some pioneers or early settlers to sacrifice by advancing their entire cost. Bonds can achieve this pay-as-you-use goal, keep the payments reasonable, and promote inter-generational equity.

Some people take the interest amounts in a loan and add them all up. Then they say, see what you’ll save by avoiding the loan!

At the time of my presentation to the special school committee on July 27, 2000, Janet Smola, now a board of education member but then a strong influence on the committee, asked me how much money was payable as interest on a bond.

The trick part of that question is the disregard for the time value of money. Intuitively, everyone knows that a dollar receivable in five years is not worth the same as a dollar in hand today. The existence of inflation alone tells us that. The difference is called interest.

Adding dollars from different periods is adding dollars that do not have the same value. It is delusive, and frankly dumb. Financially savvy people simply don’t do it. Lotteries try to pull that trick by proclaiming that the winner of $1 million a year for 20 consecutive years has won $20 million, when in fact he’ll collect only about $13 million (before taxes) if he takes a lump sum.

Many who promote SPLOST add up the interest the way lotteries add up their pay-outs, across many years, as if those dollars all had the same value, and they claim a big savings from eliminating the interest. It’s like saying the lottery has saved $7 million when the winner takes the lump sum equivalent of $1 million for 20 years.

In many states, if the winner does not take the lump sum, the lottery simply pays the $13 million to an insurance company which converts it into 20 annual payments of $1 million. Imagine Homer Simpson telling the Springfield Life Insurance Company, hey, yoo-hoo, y’all could have saved yourselves $7 million by not accepting this deal. Duh!

At an annual interest rate of 5.0871 percent, the 20 annual payments of $1 million are actuarially equivalent to the $13 million, and the insurance company makes money if it can invest at more than 5.0871 percent.

So I ask myself, why should we let the people who write editorials for the largest newspaper in Georgia, or anyone else, spread insidious misinformation unchallenged?

Let’s talk now about visitors. There is no doubt that visitors who come to Fayette County to eat or shop will contribute a bit more if we raise our sales tax.

The first question one might ask, however, is whether we’ll have as many visitors as before. By offering a slightly lower sales tax rate than surrounding counties, Fayette is a bit of a magnet for nearby residents. The attraction goes out when the sales tax goes up.

The really big question, however, is how much of a contribution visitors really make.

The sales tax is payable at the point of delivery, except for cars where it is payable at the rate of the county in which they are registered. Thus Fayette residents will pay the Fayette tax rate no matter where they buy their vehicle, and people who buy Fords in Fayetteville will pay their own county’s tax rate. No gain from visitors there, and we do not subsidize other counties either when we buy cars.

The SPLOST advocates who argue someone else will come to Fayette and pay our tax rely on informal surveys of car tags in shopping areas’ parking lot. (Board of education member Janet Smola and Commissioner Herb Frady have reportedly made such surveys.) But is this where a lot of the sales tax comes from?

Fayette is considered to have fairly expensive housing, and we have been told repeatedly that many of the people who perform services for the county government or work as store clerks, positions which can pay modest wages, come from outside our county. It is not unreasonable to think that many cars with out-of-county tags belong to store employees who are not shopping at all. They are earning a living.

For some people, shopping is a bit of a sport. They go to four different shoe stores to find one pair of shoes, for instance, and when all is said and done they have spent quite a bit of time but not that much money. Thus not a lot of sales tax. Unless it’s jewelry, if it fits in a bag there’s probably not a lot of sales tax involved.

Sales tax revenues come mostly from construction materials, motor vehicles, furniture and large appliances, and food. Local sales taxes apply to unprepared food even though the state sales tax does not.

Large expensive items are generally delivered. They do not come in a bag and won’t be seen in shopping centers. When a roof or heat pump is replaced, when a kitchen is remodeled, when a tractor, golf cart, refrigerator, washer or dryer is bought, there is a large sales tax. That sales tax is invisible to the people who look at shopping bags with shoes in them, but it can be quite large. For most people, a car purchase will show the greatest sales tax burden.

A study I made eight years ago showed that visitors are likely to pay about 4 percent of all the Fayette local sales taxes, largely because Fayette is not a tourist destination. Some counties, like Clayton, can have an advantage from charging sales tax to airlines on their fuel or to airport passengers, but Fayette is not in that position.

There is also no interstate highway going through Fayette, and we don’t get much trade from snowbirds and other Florida-bound tourists.

In my study, I considered all the motels in Fayette, the number of rooms for each one, and the daily rate. Relying on published data, I assumed a reasonable occupancy rate for each one of them, and also added an allowance for the food these tourists might eat during their stay in Fayette County. Then I multiplied by one percent to get an idea of the sales tax derived from a SPLOST.

Then I looked at the financial statements of Wal-Mart and Home Depot, the only stores I considered as possible major magnet stores. (Today I might add Lowe’s and Target.)

I looked at their overall U.S. revenue and the number of U.S. stores, and came to an average annual sales amount per store (over $36 million; it would now be $72 million for Wal-Mart). I believe it was most generous of me to assume that 30 percent of their Fayette sales might be to out-of-county people, but that’s what I did. Again I multiplied by one percent.

I did not do that for grocery stores, because logic tells us grocery shoppers are local.

When I compared the sales tax amount my calculations produced with the current revenue from the Local Option Sales Tax, it came to 3.5 percent of the total. If all the small stores in the county would collectively produce the same sales tax as giants Wal-Mart and Home Depot, the percentage of sales to out-of-county people would go up to 5.2 percent.

One could work and work and work at making this more precise, and it’s inconceivable the percentage of sales tax from visitors would ever reach 10 percent. Our magnet stores simply don’t have all that much pull. Call “the visitors will pay it” argument an urban legend.

[Claude Y. Paquin, a Fayette County resident, is a retired lawyer and actuary.]

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Submitted by Jones on Wed, 10/08/2008 - 9:34pm.

I agree with you.

Submitted by Claude Y Paquin on Tue, 10/07/2008 - 3:52pm.

As I stated in previous weeks, there has to be a practical limit to the length of my articles, out of respect for the readers’ time and not to use up newsprint unnecessarily. For readers who prefer more complete explanations and have the patience to read them, I provide this footnote in electronic form.

Borrowing money at 4 percent and re-lending it at 6 percent is a quick way to make an extra 2 percent. So why doesn’t the school board do it?

This process is known as arbitrage, and our federal income tax law won’t allow it for organizations like our school board which get their low rates as a special tax benefit. After the school board has borrowed the money, it has to spend it for a legitimate purpose. There are strict rules designed to take the profit out of parking the money at a better interest rate somewhere.

What is the Fayette school system now paying on its bonds?

The latest financial statements (as of June 30, 2007) published by the school board show (on page 54) five series of school bonds outstanding. Each series is labeled with the calendar year of issue. Thus we have bonds from 1999, 2001, 2002, 2005 and 2007.

Bonds are not mortgages. Essentially, a bond provides for the payment of interest (generally semi-annually and called coupon) for a number of years, and then it is said to mature when it is paid off.

To make bonds work like mortgages, one can arrange to have a series of bonds where $2 million worth of bonds matures in two years, $3 million matures in three years, $4 million matures in four years, etc. Each bundle of bonds in the series can be for a different amount and have a different interest rate. Generally, bonds that are paid off the soonest have the lowest rates.

The Fayette school board is not very generous with details about its bonds, but it does indicate that the 1999 series with coupon (interest) rates of between 4.5 and 4.75 percent matures between 2000 and 2015 and had a balance of $31.945 million at June 30, 2007.

The 2001 series with coupon rates of between 3.7 and 5.25 percent matures between 2002 and 2011 and had a balance of $38.595 million.

The 2002 series with coupon rates of between 3 and 5 percent matures between 2003 and 2008 and had a balance of $2.540 million.

The 2005 series with coupon rates of between 3.65 and 4.5 percent matures between 2010 and 2025 and had a balance of $35 million.

The 2007 series with coupon rates of between 3.5 and 5 percent matures between 2011 and 2027 and had a balance of $29.965 million.

It is clear from all this that the money borrowed in 2001 and 2002 (as a result of the 2000 vote) was being paid off much faster than the money borrowed in 2005 and 2007 (as a result of the 2004 vote). My conclusion is that the financial adviser at the time of the 2004 vote had more sense.

It has been brought to your attention in earlier articles that the Fayette taxpayers are facing balloon payments of $20 million in their 2008 and 2009 tax bills. The payments drop to $12 million the next year and even less afterwards.

Fees were incurred when these bonds were obtained, just as fees are paid when mortgages are obtained. Once you’ve paid the fee, it makes sense to hold on to the benefit of your bargain.

Moreover, bonds generally cannot be prepaid just because the borrower wants to do it. Quite often, the borrower (here the school system) is forced to put its prepayment money into a fund which endeavors to earn interest that matches the interest due on the bonds and then pays the bonds off at maturity.

The school board seems to be referring to an arrangement like that on page 54 of its June 30, 2007 Financial Report when it talks about its 1994 Series bonds as having been defeased. The arrangement requires an escrow agent and causes fees to be incurred.

Let’s now talk about lotteries.

When lotteries pay out $20 million in $1 million annual instalments instead of a $13 million lump sum, it is obvious that neither the lottery nor anyone else is losing $7 million. Lotteries don’t try to talk the winner into taking a lump sum in the hope of saving themselves $7 million.

Since we have a progressive income tax system, it can be more advantageous for the winner to take $1 million a year for 20 years than $13 million all at once. That’s why that option is offered. However, it can be a bit tricky to do things right, because in some situations the winner could be charged income tax on the whole $13 million right away, while having just the $1 million the first year. (That explains why big lottery winners who are really smart obtain legal and tax counsel before cashing in their ticket.)

When lottery promoters speak of winning $20 million, they are simply engaging in the practice known as puffing. That’s the art of making something look better than it is. It’s not considered terribly honest, but there’s so much of it going on nobody gets too upset. Here we have a school board endeavoring to make things look worse than they are.

Moving on to another subject, I might observe that the principles that underlie public financing, like the financing of schools, are different from those for private financing. For a family, it might make sense to prepay a home mortgage, or pay cash for a car, but for public buildings, or school buses, or even school computers, the situation is different.

There are textbooks that explain that, and people who study Public Administration in schools like the Andrew Young School of Policy Studies at Georgia State University get to be exposed to information on public financing through courses such as Public Budgeting and Finance or Managing Public Money.

One might also note that the University of Georgia College of Education does not offer a single course in its graduate programs on school system financial management. Our educators with degrees of Doctor of Education may be fine educators, but they receive no training in the management, especially the financial management, of school systems.

Finally, a note about our Georgia sales tax law.

To study tax law requires patience and attention to details. There are also regulations which either supplement or interpret the law. Readers interested in our Georgia law on sales tax will find it at Georgia Code Title 48, Chapter 8.

Section 48-8-50(b) shows the commissions paid to sellers (called dealers) for collecting the sales tax. They are 3 percent on the first $3000 of collected tax, monthly, and .5 percent on the balance.

To account for the Local Option Sales Tax, section 48-8-88 requires merchants to show separately the locations where sales were made. Section 48-8-87 shows the commissions paid to seller. Section 48-8-89(a)(1) shows the 1 percent administrative fee retained by the state.

Section 48-8-93 shows the tax rate applicable to delivered goods is that of the county from which the goods were ordered and where they were delivered. Thus goods ordered from Fayette County for delivery in Fayette County are taxable at the Fayette County rate.

Motor vehicles are subject to separate treatment because under section 40-2-26(a) registration applications must be submitted in the county where the vehicle will be subject to property tax, and that county’s sales tax ends up being applied.

To account for county Special Purpose Local Option Sales Taxes, section 48-8-114 requires merchants to show separately the locations where sales were made, section 48-8-113 provides for the commissions paid to sellers, and section 48-8-115(a)(1) shows the 1 percent administrative fee retained by the state.

Section 48-8-117 shows the tax rate applicable to delivered goods is that of the county from which the goods were ordered and where they were delivered.

Section 48-8-141 makes the rules applicable to county SPLOSTs equally applicable to SPLOSTs for educational purposes. That means that there must be projects that are reasonably well described and will be subject to oversight as the money is spent. The money can’t just supplement the general budget.

I agree that this patchwork of sections is no work of art.

By the way, the quotation from John Ruskin, The work of science is to substitute facts for appearances, and demonstrations for impressions, is the motto of the Society of Actuaries.

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