Originally published in CommonWealth Magazine on June 18, 2022

Mass. Residents Deserve Inflation Relief

With money available, state should eliminate protectionist laws

by Jon B. Hurst, RAM President

August 7, 2018 By Jon Hurst, President

The so-called “Grand Bargain” was signed into law in late June, and with its’ passage, three initiatives were kept off the November ballot.  One question was RAM’s rollback of the sales tax; and the other two were the $15 minimum wage and the paid family and medical leave payroll mandates. 

Make no mistake about it—without the existence of RAM’s sales tax initiative, the political pressure to remove these two costly labor mandates from the ballot would never have occurred.  The sales tax ballot initiative created the environment and the leverage to move closer to middle ground through compromise, rather than facing near certain voter passage of the labor initiatives.  Neither the Legislature nor the advocates pressing the labor mandates wanted to see a sales tax rollback with a $1 Billion price tag. 

Many factors contributed to RAM’s decision to agree to pull our sales tax ballot initiative in exchange for the agreement.  First, two major court decisions in June rendered our sales tax proposal a much tougher sell with voters.  They included a MA SJC decision eliminating the so-called “Millionaires Tax” from the November ballot, and a U.S. Supreme Court decision on internet sales tax in the SD vs. Wayfair case.  While both decisions were arguably good for our industry and the state, they also made the case for a sales tax cut more difficult without funding a multi-million dollar advertising campaign.

The more important factor leading us to the seek agreement was our ability to mitigate the effects of what would have been a near certain passage of the two payroll mandate initiatives through negotiations.  More reasonable and less costly requirements, with longer phase-in periods were vital objectives.  Movement to the public policy center on phasing out the antiquated, only in Massachusetts retail Sunday/holiday premium pay requirement; more affordable restaurant tip wages; no annual inflation increases and a slower phase-in of the minimum wage; a paid leave law which set fairer wage replacement rates and better distributed costs between employers and employees; and establishment of a permanent sales tax holiday as an important incentive for our consumers to invest their discretionary dollars in our local economy, all weighed in favor of striking a deal.     

June 22, 2018 BY JON HURST

This week, after 20 years of RAM work on sales tax fairness, the US Supreme Court ruled in favor of the future of our Main Streets by overturning the 1992 Quill decision on remote seller tax collection and remittance.  The South Dakota v Wayfair decision is important and welcomed as it will seek to end unequal application of state government imposed sales taxes.  Here in Massachusetts, we have always had the “New Hampshire problem,” but we also have a very tech savvy consumer, all too likely to send their vital discretionary dollars out of our local economy, to tax free sellers easily found right on their smart phones.  Thus for many years, local stores have had two strikes against them as tax free competitors have proliferated. 

Although the NH problem won’t be fixed, this decision certainly contains the competitive damage of tax free internet sellers.  RAM will be working closely with the Department of Revenue and our Beacon Hill leaders in the days to come to make sure as much as possible is done to create a fair marketplace and a level taxation playing field for sellers of all types.     

While the Wayfair case is a clear win for our membership, cost mitigation is a better description of the so-called “Grand Bargain” which is now on the Governor’s desk.  Presumably it will be signed into law before the July 3 signature submission deadline for ballot initiative sponsors—including RAM’s own sales reduction tax measure. 

May 29, 2018 by Jon Hurst, President

As RAM members know, your association has been working for almost a year to qualify a ballot initiative to roll back the sales tax to the 5% rate last seen in 2009. The measure also authorizes an annual two day sales tax holiday.
Sufficient signatures have been obtained to file with the Secretary of State by the July 3rd deadline to qualify the measure for the November ballot. But important negotiations are underway on Beacon Hill with various ballot measure sponsors in order to achieve middle ground and avoid the questions being placed before the voters. Besides the sales tax question, two payroll mandate proposals are being negotiated: the initiative to raise the minimum wage to $15 over 4 years, and another initiative to create the most costly and extensive paid family and medical leave mandate in the country.
Complicating the negotiations are pending court cases on whether a constitutional amendment to increase the state income tax by 4% for those persons earning $1 Million or more will reach the November ballot. That case is before the MA Supreme Judicial Court. And before the US Supreme Court is the landmark case on whether states can mandate out of state internet sellers to collect the sales tax from local consumers (SD vs Wayfair).
Whether RAM moves forward with the ballot question on the sales tax rollback will be based on a combination of the outcome of those court cases; as well as on the ability of negotiations to produce more reasonable payroll mandate measures; while still giving taxpayers and local small businesses some sales tax relief to incent local consumer spending rather than driving purchases to NH or to Silicon Valley.
In case we do move forward with the sales tax ballot question, investments are being made for a campaign. The 10,792 required voter signatures for the second round of qualification have been obtained and will be held for potential filing. In addition, the Beacon Hill Institute has completed a study which confirms the economic benefits of lowering the sales tax—particularly for lower income consumers and our small businesses—as well as the fact that the tax loss is far less than what opponents might suggest due to increased local investment and jobs.
What links the high and avoidable sales tax and the proposed costly state labor mandates together is that both make it harder for local sellers to attract and retain local consumer spending due to the resulting and obvious higher customer prices.
In the age of the smart phone, we must all adapt. That includes our existing and proposed laws under the purview of our public policy leaders--who are all very quick to say they support small businesses and our Main Streets. To have laws which make local consumer prices far higher than our competitors, whether through a high sales tax or through unaffordable payroll mandates, is simply antiquated, unacceptable and counterproductive state economic policy. In the 21st Century, that fact is certainly crystal clear to anyone that has ever worked to make a payroll, and to attract consumers armed with unlimited spending options.
More than ever, the employer community, labor, and elected officials should all be working together to keep consumer spending--which is 70% of our economy—right here in Massachusetts. The next few weeks will be telling as to whether that cooperation can and will happen.

October 24, 2107  By Jon Hurst, President

The Retailers Association of Massachusetts has been investing considerable time and resources this fall to qualify a ballot initiative to reduce the sales tax rate back to the 2009 level of 5.0%, as well as to authorize an annual August two day sales tax holiday.  Our membership polling clearly showed overwhelming support for the Association to take this rare step.  As an industry, we have not used the ballot initiative mechanism since 1994, when the voters approved a RAM sponsored measure to make Massachusetts the last state in the nation to allow stores to open on Sunday mornings, and on the three summer national holidays. 

The existence of the sales tax ballot measure creates an important opportunity to discuss what every Massachusetts small business owner needs—higher sales and lower costs.  Unfortunately, for many local employers, both of those needs are heading in the wrong direction.  And make no mistake about it—government imposed taxation, as well as labor and cost of operations mandates can and do create financial incentives on where consumers spend their important discretionary dollars.  With consumer spending representing 70% of our economy, any state policy which incents our residents to spend elsewhere instead of right here in the Commonwealth is economically dangerous in the age of the smartphone.   

The 25% sales tax increase in the Great Recession, and the lack of a sales tax holiday over the past two years couldn’t have happened at a worse time—just as mobile commerce exploded.  And despite two decades of advocacy and debate, most of those online marketers are still not collecting the 6.25% Massachusetts sales tax.  The result has been sales reductions for our local small businesses, and a more regressive state tax system for our lower income families and seniors on fixed incomes.  

Moving Ahead on Sales Tax Ballot Question

RAM’s membership overwhelmingly decided this week to move forward with an effort to put a sales tax ballot question before the voters that would reduce the state sales tax to 5% and mandate an annual sales tax holiday.

This much needed measure will provide meaningful relief to small businesses while significantly benefiting seniors and low-income families who pay a disproportionate amount of their income in sales tax.

Today, RAM represents more than 3,500 small retailers that populate the Main Streets of the cities and towns of the Commonwealth, provide good paying jobs, and bring vibrancy and economic vitality to their communities. Unfortunately, far too many of these small businesses are struggling due to tax-free competition from New Hampshire and online sellers. By reducing the sales tax and coupling it with an annual sales tax holiday each year, we can give these small businesses and their employees a fighting chance to compete and survive.

April 28, 2017 by Jon Hurst

"Don’t tax you, don’t tax me, tax the fellow behind the tree;” so said former Louisiana Senator Russell B. Long when describing “tax reform.”  This is a pretty clear description of the political process behind tax debates at the state and federal levels.  And this message is worth keeping in mind as we face major tax changes and debates over the next year on Capitol Hill concerning the Border Adjustment Tax; and on Beacon Hill and the state ballot on the so-called Millionaires Tax.

There is no better example of Senator Long’s “behind the tree” saying than the sales tax.  Big business prefers to have consumers pay more rather than them, and big non-profits like healthcare providers don’t care where the tax dollars come from, so long as they are exempt from taxes and they keep getting increased taxpayer support for their growing bottom lines. 

Always the most regressive tax on the books, the sales tax has also been a sticky political and economic issue for Massachusetts because of our common border with New Hampshire.  Consumers of means have always been able to avoid it since they had the transportation options to take the drive north.  The billions of dollars which regularly leave the state due to consumer taxing incentives to invest elsewhere is obvious with the commercial development, the retail jobs, and the multitude of Massachusetts license plates in shopping districts north of the border. 

OCT. 17, 2016 • BY JON HURST

The results of our member survey are in, and it is clear that the Beacon Hill leadership decision to forego the Sales Tax Holiday this past August resulted in dramatic drops in local sales and hours worked, with no clear benefit to the state in increased taxed collections. This is no surprise to anyone who understands consumers and the rapidly changing marketplace driven by mobile commerce. RAM firmly believes the real winners of not holding the Massachusetts Sales Tax Holiday were the tax-free mobile commerce sellers.

In these times of 365 day a year government granted tax advantages of 6.25% to out of state sellers, the state chose to not give local employers a lousy 2 days to fairly compete on the same playing field. The state did not give our own residents the clear incentive to invest their important consumer dollars locally. And that decision backfired miserably for our local employers, their employees, and for the state.

The Sales Tax Holiday has always worked in Massachusetts because the sales generated by the state tax incentive would not have otherwise happened. Sales during the tax-free weekend come from: 1. recovered tax sensitive sales—in the early years sales brought back from NH, more recently recovered from the internet; and 2. from impulse buys generated from consumers who otherwise wouldn’t be shopping. What the bean counters on Beacon Hill don’t seem to understand, is that under neither of these two scenarios did the state lose any sales tax because these were sales we simply were not going to generate and keep in the local economy otherwise.

SEP. 26, 2016 • BY JON HURST
When corporate jobs leave the state for lower cost locales, it is front page news. If a hospital seeks to close a facility with empty beds, picket lines go up and politicians go on attack. If a hot new technology firm offers to locate a handful of jobs in exchange for tax breaks, the government welcome mat is rolled out.
Unfortunately, when a store or restaurant goes dark, little notice is taken except by the former customers and employees.

Consumers, elected officials, community leaders all talk about the importance of supporting small businesses and maintaining our historic, vibrant Main Streets. Yet what are they doing when it comes to really protecting, promoting and preserving local stores, and the delicate local shopping environments in which they operate? In a period of severe competitive pressures from mobile commerce growth, can we say that our government officials at the federal, state and local levels have really backed up their Main Street rhetoric with action? And are consumers really putting their money where it counts in order to keep those stores, restaurants and jobs in their towns?

We are all guilty of not always backing up vocal support of local stores with our dollars and our actions. The Retailers Association of Massachusetts decided that in these times of consumer spending transitions, new commercial developments, and the public policy focus on certain sectors such as the innovation economy, it is time to put a spotlight on store closures, job losses, and bad public policy decisions. Whether it be tax policy or labor mandates, many government policies unfortunately put our local stores at a severe competitive and cost disadvantage, and that discrimination has no place in the days of the smartphone.

DarkStoreFrontsMA.com is intended to highlight what is happening across the Commonwealth on the Main Streets, in the strip malls, and regional malls in our communities. When the stores go dark, the jobs disappear, as does commercial property tax revenues, community investment, and an important part of our community history and livability.

AUG. 2, 2016 • BY JON HURST
As is often the case, the recently concluded formal session of the Legislature featured some wins—mostly in the defeat of costly employer measures—but some losses, primarily the continuation of existing discriminatory policies, which either result in lower sales, or higher costs for local sellers.

One important win was the passage of a measure to keep the state’s innovative Small Business Health Insurance Cooperatives operating and serving employers of 50 and under. RAM operates one of the existing three co-ops in the state, and thanks the Legislature--in particular the House of Representatives--for recognizing the costly, discriminatory and unfair application of health insurance rates under federal ACA rules. In the Economic Development bill passed Sunday, an important section sponsored by Representative Kate Hogan (D-Stow) allows for new financial incentives to use wellness and provider transparency tools through small business cooperatives. In reaction to double digit premium increases for small employers following the passage of “RomneyCare,” the Legislature in 2010 authorized group purchasing through non-profit cooperatives with upfront premium discounts. Yet, those savings are evaporating under preemptive ACA requirements on state rate setting. The ACA required phase out of state rating factors, means no upfront premium flexibility remains to award employees for using wellness programs, or to shop around for the low cost, high quality healthcare providers—common practices for large employers. The new state legislation moves upfront premium incentives to the end of the insurance contract period in the form of rebates, which remains legal under federal rules. The section also encourages the Baker Administration to seek an Innovation Waiver from the federal government under the ACA to seek more flexibility and fairness for Massachusetts small businesses and their employees. Without rate flexibility and consumer financial incentives, small business health insurance premiums are more accurately labeled healthcare taxes.

Health insurance is a mandate which disproportionately disadvantages those who work for small businesses; and the cooperatives reform will help create more fairness. However, RAM is disappointed over the loss of two vital initiatives designed to ease other government imposed competitive discrimination, as they relate to the sales tax and to Blue Law restrictions.

For only the second time in the last twelve years, no Sales Tax Holiday was authorized for this August, meaning local sellers and our economy will lose hundreds of millions in sales to internet and New Hampshire competitors which enjoy 365 days a year of tax free sales. Those two days recover a remarkable amount of tax sensitive sales from consumers looking for a reason to invest their dollars locally. With accelerating mobile commerce growth—much of it untaxed—the 6.25% sales tax disparity is threatening the very future of our Main Streets and retail jobs in the Commonwealth. Government is picking winners and losers in the marketplace, and our losers are our local stores and employers.

JUL. 19, 2016 • BY JON HURST

Statement of Jon Hurst, President, RAM, on the loss of the Sales Tax Holiday:

It is very disappointing to hear that our elected leaders are walking away from the Sales Tax Holiday, an important consumer event that incentivizes hundreds of millions of dollars in spending here locally in the Commonwealth. The MA Sales Tax Holiday has for years allowed local sellers to recapture sales to tax sensitive consumers that would otherwise be lost to New Hampshire or tax free online sites.

With New Hampshire on our border, and a very tech-savvy consumer base – who increasingly is using their Smartphone to buy tax-free in just a few screen swipes – the consumer incentive to take advantage of the Sales Tax Holiday has been vital to keeping billions of dollars in the local economy.

JUL. 7, 2016 • BY JON HURST

Ask any small business owner what they need to be successful, to compete with big companies, to thrive alongside the new “innovation economy,” and to compete with smartphone sellers and they will likely tell you two things – higher sales and lower costs. And that is what RAM is pushing for in order to really help Main Street under the Economic Development bill making its way through the Legislature.

The following three issues are the best ways for state government to deliver on those higher sales and lower costs for our Main Street employers.

A 2016 Sales Tax Holiday

The Sales Tax Holiday (STH) has become an important event on the Massachusetts retail calendar and recognizes that consumer spending represents 70% of our economy. The key question is where do our consumers spend their money—locally, or in Silicon Valley or in NH? The Sales Tax Holiday is pro-consumer, pro-Main Street, and pro-retail employee. Consumers love it, and our Main Streets need it. Results have shown that during the STH weekend MA picks up hundreds of millions of impulse buys and recovered vital sales that would normally go to non-taxed locations in New Hampshire or online.

AUG. 12, 2015 • BY EDGAR DWOARSKY

TOP 10 TIPS TO TACKLE TAX-FREE WEEKEND

Before you go running to the mall to take advantage of the sales tax holiday in Massachusetts on August 15th and 16th, consumer experts advise that you do your homework to evaluate the sales being advertised and understand the nuances of the law.

“Just because you can save 6.25 percent on a purchase, doesn’t mean that this is the best time to buy that big ticket item,” explained Edgar Dworsky, founder of ConsumerWorld.org. “You have to compare prices to be sure you are getting a good sale price to start with, and then saving the sales tax on top of that is an added bonus.”

AUG. 12, 2015 • BY JON HURST

During the last week of July, the Massachusetts Legislature overwhelmingly passed the 11th sales tax holiday held over the past 12 years. For that action, countless mom and pop retailers are very grateful. The holiday represents a state version of Small Business Saturday, in which our public policy leaders create real consumer incentives, and send a very strong message to our residents that it matters where they spend their dollars. And in these days of unlimited shopping options—including countless tax free sites right on our smartphones combined with price comparison applications--the state incentive is far more important today than it was in the first year, 2004.

If the Sales Tax Holiday helps your sales and traffic and that of your local retail community, please be sure to thank your local legislators for this important economic investment. It is vital for the future that they know it is important to you and your customers.

The sales tax holiday this year was more controversial than in past years due to rhetoric from the opposite ends of the political spectrum. On the right, there were arguments that the two days are nothing more than “crumbs” to small businesses and to taxpayers. To those opponents, I say if you are starving, you will take the crumbs.

JUL. 7, 2015 • BY JON HURST

As the calendar moves past Independence Day weekend and the state budget gets finalized, the question is now being asked by stores and consumers alike on whether Massachusetts will enjoy a weekend of tax-free shopping this August. If authorized, a 2015 Sales Tax Holiday would be the eleventh in the last twelve years. Stores and Main Streets would be packed with consumers enjoying both the 6.25% tax savings on items up to $2,500, along with the sale prices many stores would be offering.

Starting with the first “Sales Tax Holiday” held in 2004, shoppers have embraced this late summer event providing Massachusetts Main Street retailers, and the state’s economy, with a much needed economic boost at an otherwise very slow time. Eighteen states normally authorize sales tax holidays, but none as successful as the Massachusetts event. And with the incredible growth of smartphone/mobile commerce just over the last couple of years, this state incentive is becoming even more important to keep hundreds of millions of dollars in our state rather than lose sales to tax-free internet sellers. While virtually all of our elected leaders agree that the sales tax holiday is good politics, some question if it is good policy. Here’s why it is:

Consumers Vote With Their Dollars: Past sales tax holidays have created a December-like weekend in what would normally be empty stores and Main Streets. And a May, 2015, poll by Opinion Dynamics showed that 72% would be Very Likely or Somewhat Likely to shop locally instead of in New Hampshire or on the Internet if the Legislature and Governor re-authorize future sales tax holidays. The consumer represents 70% of our economy, and consumer spending has a multiplier effect that determines whether new jobs and investment will be made by wide variety of employer sectors. The Sales Tax Holiday is truly an economic stimulus of the most effective form.