It looks like the Portland Arts Tax, approved by 61 percent of voters last fall, is having still more trouble.

In a press release issued earlier today by Mayor Charlie Hales’ office, the city is now saying the arts tax’s legal language “contains a significant flaw.” And it’s a flaw that could make folks who really shouldn’t have to pay the tax—like underpaid teenagers—obligated to pay the tax.

That flaw in legalese implies that anyone with any income that lives in a household above the poverty line is required to pay the tax. As the Hales’ press release very artfully and humorously puts it, this could have some very silly unintended consequences that could mean, “in a household that is above the poverty line, a teenager who made $10 last year dog-sitting is expected to pay $35 of that $10 to the arts tax.”

The press release goes on to quote Hales as saying: “This is just silly. And we need to move right now to address the Law of Unintended Consequences.”

There’s also a promise to look into any other issues of fairness at a later date.

Not in the release, however, is the question of just how much this written snafu will affect any revenue the tax is expected to yield. Turns out, it won’t have much of an effect at all. Those numbers are based on taxpaying rates that come from Multnomah County—rates that are based only on eligible taxpayers and don’t include underpaid dog-sitting teenagers (though I’ll admit I haven’t looked that closely at the numbers). But this doesn’t mean the tax revenue is a sure thing.

As the Mercury and other outlets have noted, the expected revenue from the tax at the end of the first fiscal year is only going to be $8.9 million. That’s because only 85 percent of the roughly 400,000 folks eligible to pay are going to pay, and only 75 percent of those are expected to pay on time.

So maybe we should consider charging those freeloading teenagers after all? Quick, mayor! Drop that red pen!

8 replies on “The Arts Tax Debacle Continues”

  2. I WILL BE WAITING UNTIL THE VERY LAST MOMENT TO PAY THIS TAX, BECAUSE I REMAIN CONVINCED IT WILL END UP IN COURT AND SOME JUDGE WILL THROW THE WHOLE THING OUT.

    OR I’LL PAY $35 AND NOT FEEL TOO TERRIBLE ABOUT IT. BUT IT WON’T BE UNTIL APRIL 15.

  3. I still have yet to hear how this doesn’t count as an illegal head/poll tax. Also, it’s going to cost the city way more in collections processing fees to get $35 from people than the actual $35.

  4. If I’m going to spend $35 on the arts, I’ll go to the theater. I don’t need a committee of bureaucrats taking my money and deciding what they think art is.

    Remember that the school funding was an afterthought. The original purpose of this thing is to have some political appointees choosing the winners and losers in Portland’s arts world based on politics and their own taste.

    I ain’t paying it. I haven’t heard any explanation yet of how they think they’re going to track people down. How do they know who lives where and whether or not they’re employed and if so how much money they’ve made?

    Nathan?

  5. Agreed Grahm….
    Once this thing is found un-constitutional, which seems logical, then will the city pay it back with interest?

  6. What if I take $35 in art supplies to the elementary school near my house? Maybe the school could give me a note I could submit in lieu of the tax?

  7. I’m not paying $35 to these politicos to tell me what is and what isn’t art or deserving of my $35. I voted no on this when it was a ballot-measure and I’ll continue to vote no by not paying it.
    Good luck tracking me down and forcing me to cough up $35.

  8. I’m assuming that all of you file state and federal tax returns around this time of year — i imagine it wouldn’t be too hard for the art tax folks to track down non-payers using that info…

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