Shenango Institute Policy Brief, Vol. 5, No. 6, May 2003

Make All of Pennsylvania a KOZ
A gentlemen's response to Keystone Opportunity Expansion Zones

By Paul Kengor

Posted ~ May 22, 2003

        KOZs continue to be hotly debated.  KOZ stands for Keystone Opportunity Zone.  They are currently being debated in our neck of the woods at the Shenango Institute.  The institute is located in Grove City, Pennsylvania, where KOZs were recently considered by the Grove City Borough Council.  The proposed legislation would grant tax relief for a considerable period -- between ten and thirteen years -- to businesses that are created within designated "opportunity zones."  KOZs seek to eliminate virtually all local and state taxes in designated zones/areas.  The goal is to foster economic development within those communities.

        KOZs are certainly not merely a Grove City issue.  They should be closely considered, and pursued, throughout all of Pennsylvania.  Indeed, with Pennsylvania classified as one of the highest business taxing states, who could be against KOZs?  Interestingly, there is actually some disagreement among free-market conservatives on the KOZs issue.  For instance, one of my colleagues at the Shenango Institute -- John Sparks -- is against KOZs.  This is ironic: John is a big supporter of low taxes and free markets. His opposition, however, stems from a couple concerns.

        First, John argues that KOZs will not give tax relief from the high Pennsylvania taxing environment to all businesses.  "That would have to be accomplished by a general tax cut and would be most welcome," says John.  "Instead, only new enterprises coming into the zone receive a 'tax holiday.'  Existing enterprises, which continue to do business, get no tax breaks.  This raises a fundamental question of fairness."

        John makes a good point, and offers this illustration:  If Mr. Jones owns a small, established manufacturing enterprise, which employs a score of people in an existing location, he continues to pay taxes at the full and unabated rate.  In contrast, Mr. Smith, who starts a business in the KOZs, perhaps even one competing with Mr. Jones, pays no taxes or greatly reduced ones.  Even if the two are not competitors, Jones and other established businesses like his, as well as ordinary taxpayers, are then required to shoulder the bulk of the community's tax burden while Smith pays nothing during the exemption period.

        John continues with this argument: "It is sometimes argued that such tax relief is the only way that deserted facilities will ever be made economical again.  The fact is that the American enterprise system recognizes that buildings, facilities, and businesses often have to be converted to other uses."  He refers to an example right under our nose here in Grove City -- the former Cooper Energy office building, which is emblematic of many abandoned industrial buildings scattered throughout the Commonwealth.  "The building is a good example of a structure that is successfully being put to another use by an investigative services company," states John.  "However, some facilities may be harder to convert, namely the old Cooper plant.  However, an enterpriser who purchases or leases such a building should be the one who takes the risk of its being a success or a failure.  This risk should not be transferred to the general citizenry or to the established businesses in the community."

        John poses a second problem with the KOZ concept.  KOZs avoid the central question that he feels legislators in Pennsylvania should be answering:  Why are business taxes and other costs of doing business in Pennsylvania so high compared to other states?

        That's also a solid point.  And John cites the data to prove it.  Pennsylvania has the third highest net corporate income tax rate in the nation.  In terms of overall business taxes in Pennsylvania, the Pennsylvania Economy League maintains that the Commonwealth is 6% higher than the national average and 4th highest among its 13 leading competitor states.  The Economy League also claims that sole proprietors and partners, who do not pay corporate taxes, are hit with individual income taxes at 6% higher than the national average.  Pennsylvania is second highest among all states in two other taxes - the corporate net income (CNI) tax and capital stock and franchise (CSF) tax.

        I agree with John that the Pennsylvania legislature ought to pull out the fiscal cleaver and hack down the budget so that no higher taxes are required or, better yet, make significant cuts so that general tax relief can be given, rather than mere relief here and there in certain fortunate pre-designated zones.

        These are valid points.  Still, I would assert that some tax relief is better than no tax relief.  And the tax relief in KOZs can and does have a salutary effect, including the very positive benefit of underscoring the fact that low -- to no -- tax areas can be quite productive and even outperform high tax areas.  The mere assumptions inherent within the KOZ concept are a big step forward.  Implicitly, they are a positive acknowledgment of the value of lowering taxes.

        I agree that Pennsylvania taxing bodies should pressure state legislators to cut spending and do something about the unfortunate business and personal tax climate in Pennsylvania.  Taxes should be slashed well beyond a few zones here and there.  How about this as a compromise?  Why not strive to make all of Pennsylvania a KOZ area?  Or, at the least, can we try moving in that direction?

 

Paul Kengor is president of the Shenango Institute for Public Policy. He is also associate professor of political science at Grove City College and a visiting fellow with the Hoover Institution. His forthcoming book is Reagan, God, and the Evil Empire (HarperCollins, Regan Imprint).

 

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