REPORlS REPORT of the TAX STUDY COMMISSION of the STATE of NORTH CAROLINA f/J/^^y>U.i \^ ^^ If] ' ^-^U ore I RALEIGH, NORTH CAROLINA 1956 INSTITUTE OF GOVERNMENT LIBRARY This book must not be taken from the Institute of Government Building THE COMMISSION FOR THE STUDY OF THE REVENUE STRUCTURE OF THE STATE Raleigh, North Carohna November 10, 1956 Honorable Luther H. Hodges Governor of North Carolina Raleigh, North Carolina Dear Governor Hodges: Transmitted herewith is a report of recommendations for changes in the tax statutes suggested by The Commission for the Study of the Revenue Structure of the State. An extensive and intensive study of the revenue structure and the economic im- pact thereof was conducted in accordance with the requirements of Joint Resolu- tion No. 49 of the 1955 General Assembly. Based on the findings of this study the recommended changes are considered both advisable and necessary. Respectfully submitted, Brandon P. Hodges Chairman C. Gordon Maddrey, Vice-Chairman W. P. Kemp, Sr. Frank Daniels E. M. O'Herron, Jr. Howard Holderness James M. Poyner J. Y. Jordan, Jr. R. Grady Rankin ORGANIZATION AND CONTENT OF THE REPORT This report is presented in two parts and an appendix. Two studies made for the Commis- sion on a contract basis are being published separately without any editing by the Commission. If the studies and surveys made at the direction of the Commission and by the staff of the Com- mission were incorporated into this report the length would require several volumes. The limita- tions of publication time and monetary resources preclude the printing of the briefs, studies and surveys. These, however, are on file and, of course, are available for use by the members of the General Assembly and others. Drafts of legislation to implement the recommendations contained herein will be submitted at a later date. Part I of the report tells the story of the mission, the approach to the problem and the findings which necessitate recommendations for change. The recommendations are outlined and evaluated in terms of the present and future effect of the changes on the State's revenues and the State's economy. Part II presents detailed recommendations organized by tax schedule and subject matter. The sections appear in order of the revenue importance of the taxes dealt with in the section. Each section has a brief statement as to general criteria and philosophy behind the detailed recommen- dations. Each recommendation is emphasized in italics and immediately followed by a resume of the present provisions, an explanation of what is changed and why, and a statement as to effect on revenue, if any. Since tax data for all levels of government in North Carolina are being published as usual by the Department of Tax Research under the title of "Statistics of Taxation", which will be avail- able for distribution to the members of the General Assembly and the public, no statistical series are reported herein. This is a tax policy report specifically designed for the Governor, members of the General Assembly, and the people they represent. HI Digitized by the Internet Archive in 2013 http://archive.org/details/reportoftaxstudy19nort_2 : SPECIAL ACKNOWLEDGMENTS To acknowledge each person who contributed to the study conducted by the Commission would require numerous pages. General expressions of appreciation and designations of the sources of assistance appear in appropriate places throughout Part I of this report. Special acknowledgement is due to Mr. Eugene G. Shaw, Commissioner of Revenue, for his cooperation with the Sales Tax Committee in preparing the recommended recodification of the Sales and Use Tax statutes and the administrative rules to complement the proposed revision. The following members of the faculty of The University provided surveys and analyses which were especially helpful in the study of the economic and sociological characteristics of the State From The University at Chapel Hill: Lowell D. Ashby, Department of Economics; Gordon Blackwell, Director of the Institute for Research in Social Science ; Paul Guthrie, Chairman of the Department of Economics ; Milton S. Heath, Co-ordinator of Research and Graduate Training of the Graduate School of Business Administration; Harriet L. Herring, Institute for Research in Social Science ; C. S. Logsdon, School of Business Administration ; Daniel Price, Department of Sociology; and George L. Simpson, Jr., Department of Sociology. From the University at State College: Dr. C. E. Bishop, Professor of Agricultural Economics; Dr. D. W. Colvard, Dean of the School of Agriculture ; Dr. C. Horace Hamilton, Head of Depart- ment and Professor of Rural Sociology; Dr. H. B. James, Head of Department and Professor of Agricultural Economics. LEGISLATIVE DIRECTIVE A JOINT RESOLUTION AUTHORIZING THE GOVERNOR TO APPOINT A COMMISSION TO STUDY AND MAKE RECOMMENDATIONS FOR REVISION AND RECODIFICATION OF THE REVENUE ACT AND REPORT ITS FINDINGS TO THE 1957 SESSION OF THE GEN- ERAL ASSEMBLY. WHEREAS, there has been no major revision or basic change in the tax structure of the State of North Carolina since 1932; and WHEREAS, it is proper and desirable that the State of North Carolina and its tax structure be such as to favor the migration of individuals and business enterprises from other states to come within the bounds of North Carolina to establish their businesses and residences; and WHEREAS, the technological and industrial advances in manufacturing, scientific and agri- cultural processes since 1932 have changed the nature of many industries, and many entirely new industries have been developed; and WHEREAS, it is desirable that the tax structure of the State of North Carolina should be studied and reviewed to ascertain whether it meets the tests of stability and equity, and gives proper economic incentive to the greater productivity of the citizens and business enterprises of this State, and with a steady and adequate provision of revenue for the sound and essential pur- poses of government; Now, therefore, be it resolved by the House of Representatives, the Senate concurring: Section 1. The Governor of North Carolina is hereby authorized and empowered to appoint a Commission to be composed of 9 members, and to be known as the Commission for the Study of the Revenue Structure of the State. One member shall be selected from the membership of the 1955 Senate and 2 members shall be selected from the 1955 House of Representatives. The remain- ing members shall be selected with a view toward fairly and equitably representing the various economic interests of the State as nearly as possible. Sec, 2. It shall be the duty of said Commission to make a detailed and careful study of the revenue laws of the State which now comprise the Revenue Act, together with all other laws of the State which have a bearing upon such a study of the Revenue Act, and to make recommendations to the 1957 Session of the General Assembly: (a) To provide for such revision or recodification of such revenue laws as would provide a more easily understandable and workable system of revenue laws for the State, with separate recommendations being made of all such sources of taxation under the General Fund, as well as the Highway and the Agricultural Fund. (b) To recommend changes in the basic tax structure of the State and in the rates of taxation, together with predicted revenue effects thereof, together with proposed alternate sources of revenue, to the end that our revenue system may be stable and equitable, and yet so fair when vw compared with the tax structures of other states, that business enterprises and persons would be encouraged by the economic impact of the North Carolina Revenue Laws to move themselves and their business enterprises into the State of North Carolina. (c) To recommend study of alternate sources of revenue found in the tax structures of other states of the Union, and particularly, in the other southeastern states, and to make a report upon the economic impact of the North Carolina tax structure upon the business enterprises of various types of industry, as compared with those of other southeastern states. (d) To make recommendations for long range revenue planning, and for future amendments of the Revenue Laws of North Carolina. (e) To make a study of allocation formulas providing for the allocation of income for taxation purposes of corporations and other enterprises and persons doing business in North Carolina and other states, together with recommendations as to flexible adjustment procedures which may be provided, in cases of inequity of application of any allocation formulas which may be adopted or recommended. Sec. 3. The Commission shall have power to hold public hearings, examine the records of the Revenue Department or any other agencies of the State, to receive testimony of any employees of the State or any other witnesses who may assist the Commission in its duties and to call for assistance in the performance of its duties from any employees or agencies of the State or any of its political subdivisions. The Commission may administer oaths, subpoena and compel attendance of witnesses, and do any and all things necessary to accomplish the objective and purposes of this Resolution. To this end the provisions of G. S. 105-259 shall not apply to the members of the Commission or any of its employees or staff. Sec. 4. Upon its appointment the Commission shall organize by electing from its membership a chairman and a vice-chairman. The members of the Commission shall be paid a per diem allow- ance in an amount to be determined by the Governor for the days when they are engaged in the performance of the duties of the Commission, and such necessary travel expenses and subsistence and other expenses as may be incurred by them in the performance of the duties of the Commis- sion.