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1 Scott Drenkard & Joseph Henchman, Reexamining Kansas' Pass-through Carve-out 1 (2017)

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         Reexamining Kansas' Pass-through Carve-out

                                   Scott Drenkard
                  Economist & Director of State Projects, Tax Foundation

                                  Joseph Henchman
                  Vice President of Legal & State Projects, Tax Foundation

                          Kansas House Committee on Taxation
                                   January 19,2017



Chairman Johnson, Vice Chairman Phillips, Ranking Member Sawyer,
Members of the Committee,

Thank you for the opportunity to speak with you today. My name is Scott Drenkard, and I'm an
economist and the director of state projects at the Tax Foundation. I am joined by my colleague Joe
Henchman, Vice President of Legal & State Projects at the Tax Foundation. For those unfamiliar
with our group, we are a non-partisan, non-profit organization that has monitored fiscal policy at all
levels of government since 1937. We have produced the Facts & Figures handbook since 1941, we
calculate Tax Freedom Day each year, and have a wealth of data, rankings, and other information at
our website, www.TaxFoundation.org.

While we take no position on legislation, we hope to offer our insights and provide a national
perspective on tax issues.

Kansas' pass-through exemption is costly and has forced other tax increases

In 2012, Kansas enacted a tax cut package that reduced income tax rates while completely
eliminating income tax on pass-through entities like LLCs, S corps, partnerships, farms, and sole
proprietorships. At the time, we warned that the pass-through exemption did not have good
economic justification and would encourage economically inefficient, though tax-reducing
restructuring activity. We also warned that the tax reductions, while producing positive economic
benefits, would cost revenue and ultimately need to be paid for either by cutting spending or
increasing taxes elsewhere.

In 2013, revenue dropped by $700 million ($300 million more than predicted). Spending that year
was only cut $150 million. These numbers are quite large for a $6 billion general revenue fund. The
state delayed a planned cut to the sales tax, weakened the generosity of itemized deductions, and
drew down reserves to make ends meet.

FY 2015 had a significant cash deficit, masked by draining the rainy day fund and beginning