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Posts Tagged ‘Nevada’

The lifeblood of Delaware is the multitude of businesses incorporated in the state, some of which do not even exist within Delaware’s borders beyond a P.O. Box in Wilmington, and yet they pay taxes that make up a substantial portion of the state’s revenue. For years Delaware has been the premier place for a company to incorporate, and over half of all U.S. corporations are incorporated in the first state, in large part thanks to the state’s first rate court system that deals with businesses fairly and expediently. This means that it is cheaper to go to court in Delaware, and that means less costs that businesses have to absorb into their bottom lines or pass along to their customers. Although Delaware’s business court system remains the best in the country, other states are catching up.

State lawmakers have done their best to offset the savings offered by Delaware’s efficient court by creating ludicrous financial burdens on businesses and their employees that keep them away from the state. Because of these costs, many companies decide it is not worth it to open up actual offices in Delaware and subject themselves to the high taxes imposed by Delaware. Furthermore, many employers stay out of Delaware because their employees do not want to live there, because of failing schools and high crime, especially in Wilmington. Hundreds of millions of dollars in wealth has fled New Castle County in the past 15 years, undoing much of past efforts to attract business into the state. The state should be leveraging its accommodating courts to attract businesses to establish an actual presence in the state, rather than scaring them off with high taxes and unattractive communities.

Other states have also begun to attempt to reform their courts to make them more business friendly; both Nevada and North Dakota have improved the regulatory burdens they impose on states, and North Dakota especially has worked to reduce the tort costs inflicted upon its companies. In all likelihood the measures taken by theses states will poach some corporations from Delaware and will cut into growth in the number of new incorporations in the first state. It is a testament to the success and foresight of Delaware’s model that other states are attempting to emulate it and in a sense beat Delaware at its own game. For now Delaware’s courts still remain the most accommodating in the country, but other states are working to provide their own alternatives. Given the state officials complacency in making Delaware competitive, the possibility of other states surpassing Delaware grows by the minute.

States like North Dakota offer a vastly more hospitable tax climate compared to Delaware. North Dakota is making the smart decisions Delaware is not, attracting companies into the state with a potent combination of friendly courts and a sensible tax policy, that work in tandem to create a great offering. Meanwhile Delaware’s tax burdens offset the benefits its courts offer, wiping out any net-gain the courts might provide to a company looking for a place to start or expand. Overall it often makes more sense for a company to do business in North Dakota than Delaware, when one combines the combined effects of the states’ regulatory and tax policies. North Dakota is working to attract the P.O. Boxes and then turn them into offices, while Delaware only expands the financial burdens of doing business in the state and watches those P.O. Boxes disappear.

Jack Massih

CRI Intern

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2015 will soon be upon us and for those who are passionate defenders of freedom and liberty our work just goes on when the clock strikes midnight. Here is CRI in review and our goals for 2015:

  • Dave Stevenson’s lawsuit against DNREC and former DNREC Secretary Collin O’Mara is still ongoing. Dave and the other three plaintiffs, including CRI Director John Moore, won standing to continue their lawsuit. We will refrain from making a prediction on a court ruling less we jinx the lawsuit but we are optimistic the Plaintiffs will win. This is because in order to get standing the Plaintiffs had to prove they had a valid reason to sue in the first place, such as being aggrieved by the Defendants actions. Winning means stopping DNREC from changing the rules on how many carbon permits can be sold at carbon auctions, saving Delaware taxpayers over $100 million a year in increases in utility bills.
  • We testified in favor of HB353, the Parent Empowerment Education Savings Account Act (PEESAA). Jim Hosley, our former CEE Director, spoke in favor as did a dozen Wilmington parents and grandparents (and one student!) and the leaders of Tall Oak Classical Academy. The bill was tabled in the House Education Committee, a move we are unfortunately not surprised by. However, we hope 2015 will be a better year as more and more people realize the need to improve Delaware’s education system, and the only effective way to make the changes our students need to be prepared for the future is to provide parents with school choice options to do what’s best for the child. CRI will always maintain the belief that parents and/or legal guardians can make a better choice about their children’s education than politicians and bureaucrats in the state Department of Education.
  • We brought in Dr. Bartley Danielsen, business and economics professor from North Carolina State University to keynote our Sixth Annual Dinner. Dr. Danielsen has proposed a theory tying in environmental benefits to school choice. The basic theory is, parents moved to the suburbs to flee poorly performing public schools which left a lot of people uneducated and unable to find respectable work, and many turned to crime as a result. His theory is if inner city schools were to improve their quality, many families would move back to the cities from the suburbs and the result would be a reduction in traffic and environmental pollution from people driving from the suburbs to the cities. View is presentation here and here

In addition to these challenges, we still have issues Delaware must resolve in order to improve our economy:

  • End to the prevailing wage which makes public construction costs so expensive many end up getting no work at all. See: Rockwood Museum.
  • A Right to Work law for Delaware. Union leaders are pushing the “scab” theory that somehow union members will drop out and reap all the benefits the union “works” to get. We have responded by noting that a) manufacturing businesses have responded by moving factories elsewhere, depriving Delawareans of job opportunities. See: loss of auto industry, Valero plant, Evraz Steel plant, Georgia Pacific plant. b) as a moral issue, should union bosses have the right to take someone’s money just because someone works at a particular location? What if the union bosses don’t serve their member’s needs, such as organizing or donating to political causes or candidates the members don’t support?

We wrote: “While in the short run unionization may force wages up for those involved, in the long run closed shops reduce capital spending and induce the out-migration of jobs and workers.”

Read HERE and HERE and HERE

  • tax reform. Delaware is one of just five states with a gross receipts tax (tax on sales, even before factoring in profit/loss and expenses). Three of the other four don’t have an income tax and the only state with both like Delaware is Virginia who has lower tax rates. Coupled with high corporate and personal income taxes while Nevada and North Dakota compete with us for corporate business, and without reforms we will see money and jobs leave the state at even higher numbers.

Merry Christmas, Happy Hanukkah, Happy Holidays, and a Happy New Year to all. Let’s be thankful for a good 2014 and hope for better things in 2015.

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