Kansas senators give preliminary passage to sweeping flat tax proposal

by Allison Kite, Kansas Reflector
February 23, 2023

The richest Kansans would receive thousands of dollars in income tax cuts while the poorest residents would save just a few under a bill Kansas senators gave initial approval to Thursday.

After a debate that turned bitter when a Democratic senator proposed a graduated income tax system, the Kansas Senate voted for a 4.75% flat income tax rate on a voice vote. It faces a final roll-call vote before it heads to the Kansas House of Representatives for consideration.

The flat tax has been championed by Senate President Ty Masterson, R-Andover, and carried on the floor by Sen. Caryn Tyson, R-Parker, who chairs the Senate Assessment and Taxation Committee.

“What we’re doing here is we are lowering state income tax for almost every single income taxpayer in the state,” Tyson said, “and it is absolutely not an increase. It simplifies the policy.”

Tyson and Masterson claimed states with no income tax or single-rate systems are better off than those with progressive or graduated income tax brackets.

Senate Bill 169 would do away with the state’s current tiered income tax system in favor of one rate for all individuals earning more than $5,225 or couples earning more than $10,450. It would cost the state $568.5 million in the first full fiscal year after it takes effect, according to the state’s estimate.

The Washington, D.C.-based Institute on Taxation and Economic Policy estimates it will cost the state $764 million. 

Sen. Tom Holland, D-Baldwin City, tried to amend the bill to add more tiers to the existing tax structure, saving low-income filers money and increasing taxes on the wealthiest Kansans. He said the proposal would result in a net cut of $43 million in state income tax revenue, but it failed.

While Holland came up with his alternative off-the-cuff, a he said a progressive income tax structure would be better than the regressive flat tax.

Holland said with the possibility of a recession looming, now is not the time for a major cut in revenue.

He invoked former Gov. Sam Brownback’s tax “experiment,” which threw the state’s budget out of balance for years and made it difficult for the legislature to fund schools to satisfy the requirements of the Kansas Constitution and perform state governmental services.

“And so what I’m trying to avoid … is Brownback 2.0, train wreck 2.0, and get us back on course,” Holland said, noting that since the Legislature abandoned the Brownback tax scheme, it had been able to put money back into its rainy day fund and stabilize the budget.

Holland said he was excited by some of the other tax policies the Senate discussed Thursday, including exempting Social Security income from state income taxes for some filers.

“If you’re voting for the flat tax because you really feel sorry for high-income individuals and all you care about is what their effective tax rate is, then just tune me out for the next couple of minutes,” Holland said before laying out his proposed brackets.

Masterson, who has proposed partially rolling back the planned sales tax cut on food to pay for the flat tax, called Holland’s amendment unserious and destructive.

“I know it’s getting late, so I’m not sure debating something that was kind of pulled out of your rear end at the last minute and thrown on the floor is really influencing a lot of people or winning friends,” Masterson said.

He went on to say places with high state income taxes, including California, are losing residents as a result. He called California “a case study in how you destroy a divinely blessed piece of dirt.”

Masterson said balancing the budget wasn’t a huge accomplishment given the influx in federal money, but he took credit for it on behalf of Republicans.

“You’re welcome,” he said. “Got money in the rainy day fund — you’re welcome. Right, it’s a red state, Republican legislature.”

The vote came as part of a parade of tax bills a day before a deadline for legislation to be voted out of its chamber of origin. With some exceptions, a House bill must pass the House, or a Senate bill pass the Senate, by Friday.

Kansas Reflector is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Kansas Reflector maintains editorial independence. Contact Editor Sherman Smith for questions: info@kansasreflector.com. Follow Kansas Reflector on Facebook and Twitter.

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