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Aviatoin group: Mallory's revenue bills would be 'catastrophic' for industry
March 7, 2011
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    Hugh McQuaid

    In

    an effort to close the state’s budget deficit, Gov. Dannel P. Malloy has

    recommended eliminating some of the state’s tax exemptions while also imposing

    new taxes. But both Tom Foley – who owns an aviation company – and a

    representative of a national aviation group said Friday that the impact of two

    such proposals aimed at aircraft owners would be “nothing short of

    catastrophic” for the industry.

    One

    bill would remove a sales tax exemption on repairs and services to aircraft,

    and the other would add an annual registration fee to planes stored in the

    state.

    But

    Mark Kimberling of the Aircraft Owners and Pilots Association said that the

    measures proposed less than a month ago already have some aircraft owners and

    businesses making plans to park their planes outside the state.

    For

    obvious reasons, aviation is a highly mobile industry, Kimberling said. If

    passed, the new measures would leave Connecticut in a less-than-competitive

    position. According to testimony submitted by several aviation groups the state

    already has the highest aircraft registration fee in southern New England and

    the additional tax will make it less competitive than other states in the

    region.

    “So

    these aircraft are going to migrate and with them is going to go the revenue

    they’re collecting now – the revenue they’re collecting on fuel tax and the

    revenue they’re collecting on corporate tax income, because there’s lots of

    high paying jobs in this sector,” he said.

    Kimberling

    said he understands the governor’s position and knows that many industries have

    been asking him to rethink some of his new tax proposals. But in the case of

    aviation, he said, it comes down to an industry that can easily pack up and leave.

    In this case the flexibility is such that while the legislation may have been

    designed to raise revenue, Kimberling said it would almost certainly have the

    opposite effect.

    And

    they may not have to go far. Kimberling used a Cessna Caravan as an example to

    demonstrate how Connecticut’s tax rates would stack up against nearby states in

    terms of aircraft fees.

    As

    it stands now, a Cessna Caravan owner pays $1,500 to base the aircraft in

    Connecticut, he said. Under the new proposal that owner would pay an additional

    $11,130, he said. That’s a total of $12,630 per year just to base it here.

    In

    New York, Kimberling said, there are no such fees – neither for registration or

    personal property tax.

    “That’s

    done intentionally because they want to attract aircraft because they realize

    all the associated economic activity, jobs, and revenue collected in other

    areas,” he said.

    Massachusetts

    and Rhode Island both impose low annual aircraft registration fees of $175 and

    $160 respectively, he said. Those fees are not enough to deter aircraft owners

    from a state, but $12,630 certainly is, he said.

    Kimberling

    said the two proposals combined represent the largest and most extreme attempts

    to raise costs for the aviation industry that he has ever seen.

    But

    he also said he has been in contact with the governor, who seemed at least

    receptive to listening to his case. He also seemed to want to learn more about

    the impact of the bills, he said.

    “I

    didn’t want to say that he admitted there’s a possibility he made a mistake,

    but he kind of insinuated that the nature of this is you don’t always see the

    full picture when you put forth a proposal, even when you have the best of

    intentions. In his case he’s doing the best he can to patch a budget

    shortfall,” he said.

    Ben

    Barnes, Malloy’s budget director, said Sunday that his office is indeed looking

    into what the potential impact of the two measures would be with an eye toward

    altering them if they would cause a mass aviation exodus from the state.

    “If

    in fact it does create such a dramatic incentive to leave, and we thought they

    would, then we would reconsider that,” Barnes said.

    But

    he also said at this point in the budget debate he’s taking rhetoric about

    industry-decimating taxes with a grain of salt.

    “The

    fact that the people who would be subject to the tax are upset by it is frankly

    to be expected for me,” Barnes said. “At this point that’s been the case with

    all the taxes being proposed.”

    Similar

    appeals have come from the trucking, boating, and auto sales industries as well

    as yoga studios and any number of other industries taking a hit in the proposed

    budget, Barnes said.

    And

    some of the concerns he’s heard from Kimberling and others in the aviation

    industry haven’t been all that convincing, he said, adding the question: What

    is the point of owning your own aircraft and storing it out of state?

    “Isn’t

    the whole purpose of having a plane so you can travel more quickly? If you have

    to drive three hours to get to your plane, what’s the point?” he said.

    Barnes

    said that even now Connecticut doesn’t have a tax advantage over surrounding

    states in regard to aviation, something he credits to effective advocacy.

    “The

    industry really has undertaken a long-term effort to have their business not be

    subject to sales tax. That’s a business advocacy success, I’m sure,” he said.

    But

    because the industry has been so successful in securing a favorable tax climate

    in the Northeast, it’s easy to argue that when one state has a less favorable

    policy aircraft owners will leave for a neighboring state, he said.

    Barnes

    applauded their successful advocacy strategy but said he’s not sure this state

    has the luxury of maintaining that right now.

    But

    Foley, the former Republican gubernatorial candidate who also is owner of

    Stevens Aviation, said that eliminating the sales tax exemption on repairs may

    have a bigger impact on Connecticut jobs than the Malloy administration

    realizes.

    “With

    mobile equipment like aircraft, it doesn’t make sense to put a sales tax on

    repairs because people simply won’t have their repairs done here in

    Connecticut,” he said.

    Foley

    said the businesses themselves would probably end up relocating to states where

    the exemptions exist and they would take the jobs with them.

    “Anybody

    who says that that’s not going to affect the amount of maintenance that’s done

    here, and affect Connecticut jobs, doesn’t know what they’re talking about,” he

    said.

    Kimberling

    said he’d like to see the two provisions affecting aircraft be killed sooner

    rather than later.

    “This

    is such a large amount of money that we’ve already got aircraft owners and

    business making plans to go to other states. My concern is not just to get this

    resolved but to get it resolved quickly because just having it out there could

    possibly damage the industry,” he said.

    Both

    bills will be discussed at a Finance, Revenue, and Bonding Committee public hearing

    Monday at 10:30 a.m. in the Legislative Office Building, Room 2E.

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