There’s more than one way to get the job done
By Will Collette
For the past several years, Rep. Donna Walsh has been trying
to get a change to the state estate tax law passed that it crucial to saving
family farms. Under current law, when the owners of a farm die and the property
goes to probate, the land value is calculated based on its worth as a
commercial or residential development, not as a farm.
The result is a crushing – and unfair – estate tax bill on
the surviving family members that often results in a self-fulfilling prophecy
where the only way to pay the bill is to put the farm up for development. For
example, an average Rhode Island family farm is about 50
acres and might be worth about $650,000 as a working farm. But if it is
valuated as house lots, it could be worth around $5 million, costing the heirs
about $500,000 in inheritance taxes.
Working with the RI Farm Bureau, Donna has been trying to get legislation enacted that would have farms be valued as farms when it comes to Rhode Island’s estate tax.
This year, that bill wasn’t going to pass as a free-standing
bill. But unlike earlier years, this change to the estate tax has been
written into the state budget and has been passed by the General Assembly and
signed by the Governor.
This is a good example of how experience can pay off and how
an experienced legislator like Donna can figure out different ways to make this
happen.
Two other economic development initiatives of Donna’s have
also been written into the budget and will become law.
In an effort to boost tourism and our growing arts
community, Donna had tried to get sales tax-free zones for Cross Mills and for
Block Island, without success. So this year, Donna introduced
legislation to eliminate the state’s 7% sales tax on all original art work across the board.
Studies show that such tax-free measures not only benefit
the artists, but also the entire arts community and the closely related tourism
industry. Framers, suppliers, galleries and other ancillary businesses all get
a bump. A 2011 study by the Rhode Island Foundation for the Arts showed a big
“multiplier effect” where every dollar spent on art generates about $2.10 in
economic activity.
As a free-standing
bill, this was not going to get passed. However, this measure was adopted
as one of the package of economic development measures supported by the
legislative leadership and, like the family farm estate tax measure, it was
folded into the budget, passed and sent on to the Governor.
The changes to tax policy on how farm land is valuated for estate tax purposes and the elimination of sales tax on original art work are included in this new notice from the RI Division of Taxation (click here). The elimination of sales tax on original art takes effect on December 1. The changes to estate taxes and farms went into effect on July 3.
The changes to tax policy on how farm land is valuated for estate tax purposes and the elimination of sales tax on original art work are included in this new notice from the RI Division of Taxation (click here). The elimination of sales tax on original art takes effect on December 1. The changes to estate taxes and farms went into effect on July 3.
Donna also got another program written into the budget. This
is the Jobs Match program that she and her co-chair of the Joint Commission on
Economic Development, Sen. James Sheehan, advanced.
This program sets up a
computerized system to match up workers with employers based on job skills and
to also identify skills gaps in our workforce, which is essential for future
planning for vocational education and training.
I doubt if anyone would describe this year’s General Assembly session as
smooth or pretty. There was a lot of bad blood over whether or not to pay off
the holders of the bonds for the failed 38 Studios.
None of our local
communities are going to be happy with the pittance in state aid to our schools
and municipalities.
Donna and many of our other South County legislators (e.g. Teresa Tanzi,
Larry Valencia and Bob Craven) stood
up to the leadership over the state’s moral obligation to make the
scheduled $12.9 million payment into the public pension fund. Larry Valencia
made the direct tie between our duty to pensioners and 38 Studio bondholders.
This year, there was a departure from the common wisdom that unless you
vote the way the leadership tells you, you get shut out and none of your bills
pass or priorities get addressed. Donna, Larry and Teresa not only acted on their
convictions but also got an impressive amount of work done.