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Tax bill spawns new holiday headache: Waiting in line to pay taxes

December 28, 2017 by  
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City and county officials are dealing with what they say is an unprecedented surge of property owners paying taxes early, as homeowners — particularly in predominantly Democratic states with high local tax rates — try to avoid the effects of the tax-code overhaul signed last week by President Trump.

That bill, which takes effect in 2018, limits the amount of state and local tax payments people can deduct from their federal taxes to $10,000. The provision was one of the most contentious in the tax bill shaped by Congressional Republicans, with critics saying it would unfairly penalize residents of blue states and cities with a heavy local tax burden.

Those fears have been dramatically illustrated this week in the D.C. region, as hundreds of homeowners have lined up at tax offices to pre-pay their property taxes for 2018 before the limit on deductions kicks in.

There is no guarantee this ploy will work: The tax bill is silent on whether 2018 property-taxes paid in 2017 will avoid the deduction cap that applies to income-tax filings for 2018 and beyond. (Income tax prepayments of this kind are specifically barred under the bill.)

A spokesman for D.C. Chief Financial Officer Jeffrey S. DeWitt said the District’s tax attorneys presume the Internal Revenue Service will decide in the coming months whether property-tax prepayments can be deducted in 2017 filings.

Roughly 60 people stood in line midday at Montgomery County’s Department of Finance in Rockville to prepay their 2018 property taxes. (Rachel Siegel/TWP)

But that hasn’t stopped people — those with the ability to come up with a few thousand dollars on short notice — from trying.

More than 1,700 taxpayers lined up outside the Fairfax County government center Tuesday to pre-pay their property taxes, while 750 people sent wire transfers and about 650 dropped off payments in a government lockbox that normally gets two or three pieces of correspondence a day, said director of revenue collection Scott Sizemore.

“There is simply no comparison” to previous years, said Sizemore. “It’s unprecedented.”

In Prince George’s County, Md., which does not currently allow prepayment, the County Council was scheduled to convene to vote on an emergency bill that would offer residents the option.

Arlington County, Va., treasurer Carla de la Pava said about 30 people were waiting when her office opened at 8 a.m. Wednesday. As of 10:45 a.m., the county had accepted more than $5 million in early payments from 644 taxpayers.

“This is completely unusual. They’ve been coming in for weeks,” said de la Pava, adding that some taxpayers were paying up to three years of taxes in advance. Since property tax bills for future years are not out yet, officials say people interested in prepaying should base their payments on the amount of taxes they owe this year.

Local officials said that while Virginia has allowed early payments for years they could give no advice on whether prepayment would save taxpayers money under the new tax code. Homeowners were advised to seek professional tax advice before making a decision.

“We’re making sure we tell people we can’t guarantee it’s deductible” on their 2017 federal tax forms, said Roger Zurn, treasurer in Loudoun County, where a steady stream of 10 people at a time have been waiting at the Sterling and Leesburg government offices.

Virginia, along with D.C. and Maryland, is among the places hardest hit by the loss of the deduction for state and local taxes. More than 37 percent of tax returns filed in Virginia in 2015 included the deduction, according to data from the Tax Policy Center. In the District 40 percent of returns deducted state and local taxes, and in Maryland 46 percent. De la Pava, who is an officer in the Virginia treasurers’ association, said concern among state residents about the new federal tax rules appears to be highest in affluent Northern Virginia.

In the District, Mayor Muriel E. Bowser (D) openly encouraged homeowners last week to prepay their 2018 property taxes, either online at the D.C. Office of Tax and Revenue or at any Wells Fargo branch in the District. (Those who seek to pay at the bank locations must bring a 2017 property-tax invoice with them.)

“Because of how hastily this tax reform legislation was created and passed, even its authors cannot fully explain all of the many ways it will hurt millions of hardworking Americans,” Bowser said in a written statement. “One thing we do know, however, is that by limiting income and property tax deductions to $10,000, it will indeed raise taxes.”

D.C. Council member and finance committee chairman Jack Evans (D-Ward 2) said he and other council members have heard from many interested in paying property taxes early. “We’re having a lot of inquiries about it, a lot of emails, a lot of calls,” said.

Montgomery County, Md., the second-most populous jurisdiction in the region after Fairfax, had no law allowing homeowners to prepay — until Tuesday. That’s when the County Council broke its winter recess to pass a bill making property-tax prepayments legal.

“Everyone is scrambling at the last minute here to do the right thing,” said council member George L. Leventhal (D-At Large).

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Cities sue Defense Department over failed gun checks after Texas massacre

December 27, 2017 by  
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Three large U.S. cities filed a federal lawsuit Tuesday against the Department of Defense, arguing that many service members who are disqualified from gun ownership weren’t reported to the national background check system.

New York City, San Francisco and Philadelphia said in court papers that the military’s broken system for relaying such information helped spur the massacre of 26 people inside a Texas church last month.

“This failure on behalf of the Department of Defense has led to the loss of innocent lives by putting guns in the hands of criminals and those who wish to cause immeasurable harm,” New York Mayor Bill de Blasio said in a statement. “New York City is joining Philadelphia and San Francisco to stand up to the Department of Defense and demand they comply with the law and repair their drastically flawed system.”



Local law enforcement officials rely on the FBI’s database to conduct background checks on gun permit applications and to monitor purchases. It must be up-to-date in order to prevent people from wrongly getting guns, the cities’ attorneys wrote.

The lawsuit filed in federal court in Alexandria, Virginia, seeks an injunction and judicial oversight to ensure ongoing compliance with the Defense Department’s obligation to submit records.

Military officials previously acknowledged problems with their reporting.

A Pentagon spokesman on Tuesday said he couldn’t comment specifically on the lawsuit.

“The department continues to work with the services as they review and refine their policies and procedures to ensure qualifying criminal history information is submitted to the FBI,” said Tom Crosson, a Pentagon spokesman.

The Defense Department’s failure to report “significant numbers” of disqualifying records to the FBI’s national background check system allowed former U.S. Air Force member Devin P. Kelley to buy a rifle and shoot 26 people to death Nov. 5 in a Sutherland Springs, Texas, church, the lawsuit said. Kelley had been convicted of assaulting family members in a 2012 court martial and should not have been allowed to purchase a gun.

Air Force leaders already acknowledged that the service failed to alert the FBI to Kelley’s criminal history and that they discovered “several dozen” other such reporting omissions. They said that while policies and procedures requiring reporting were in place, training and compliance measures were lacking.

And Army leaders have said their service also has similar gaps.

Earlier this month, the Pentagon’s watchdog agency it found a “troubling” number of failures this year by the military services to alert the FBI to criminal history information. Attorney General Jeff Sessions has ordered a far-ranging review of the FBI database.

Philadelphia in particular has been plagued by gun violence and “relies on this reporting when making the crucial decision whether a license-to-carry applicant should be permitted to carry a firearm,” said Mayor Jim Kenney, who is a Democrat like the mayors of New York and San Francisco. “We’re joining in this suit because reporting these records is absolutely critical to those decisions. The background check system only works if it contains the proper records.”

San Francisco City Attorney Dennis Herrera said in a statement that the Department of Defense’s failure to accurately report criminal convictions puts Americans at risk.

“We cannot accept the level of gun violence in our country as ‘just the way it is,’” he said.

The lawsuit names the armed forces individually, as well as the Department of Defense, Defense Secretary Jim Mattis and several other officials.

According to the lawsuit, the U.S. Air Force failed to submit records in about 14 percent of cases, the U.S. Navy and Marine Corps failed to submit records in 36 percent of cases, and the U.S. Army didn’t submit records in about 41 percent of cases.

The Air Force said it has already made changes designed to prevent such failures in the future. For example, it is now requiring that leaders up the chain of command verify that criminal history reporting requirements have been met in every case. And, additional training on these procedures is being conducted.

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