Steve Kozachik

Steve Kozachik

As city leaders try to find ways to fill a $25 million budget hole, one revenue proposal to come up has been reinstituting a tax on advertising.

But the discussion has brought up issues of tax equity, fairness and logistical questions about how to collect it.

โ€œThereโ€™s a variety of reasons why itโ€™s not a good idea,โ€ said Ed Ackerley of Ackerley Advertising.

Among those, Ackerley said, a tax could discourage advertising and damage businesses.

โ€œAdvertising is the fuel of the free-enterprise system,โ€ he said.

Ackerley used the analogy of pouring water onto a pile of charcoal in a grill then attempting to light those coals to have a barbecue.

โ€œIt defeats the purpose of what you are trying to do, which is generate sales taxes,โ€ he said.

City Finance Director Joyce Garland provided a written description of how an advertising tax could be administered in the city.

In general, advertising would be taxed at 2 percent. City officials estimate the tax could generate $1 million annually. The estimates are based on the cityโ€™s past history with the tax, which was in place until 1991.

โ€œAdvertising tax is due by the business engaging in the business of โ€˜local advertisingโ€™ by billboards, direct mail, radio, television, or by any other means,โ€ Garland wrote.

The tax would be assessed to businesses operating within the city limits.

Tucson City Councilman Steve Kozachik said that brings up tax equity issues.

โ€œIt directly and specifically targets our local businesses, places a new bureaucratic reporting burden on them and taxes the engine we need to get to a healthy generator of sales tax revenue,โ€ Kozachik said.

He also questioned how a tax would be charged.

For instance, what if a national chain restaurant bought advertising on a television station operating within the city limits?

Documents Garland provided explained a generalized advertisement for a national restaurant would not be taxed, but if it specified a location within the city itโ€™s advertisement would be taxable.

Ackerley said such a system would penalize local business by forcing them to pay a tax thatโ€™s not charged in neighboring towns or forcing them to buy advertising with companies outside of the city limits.

In some instances, he added, a media company selling advertisements could be reaching the same audience as a company operating within the city limits.

โ€œThe burden falls on the small-business person working in the community,โ€ he said.

Another potential issue Ackerley sees with the proposal is a conflict with First Amendment protections.

Ackerley said such a tax would put the government in a position if taxing protected expression.

All of these concerns could be premature, according Tucson City Councilman Paul Cunningham.

โ€œItโ€™s not going forward,โ€ Cunningham said.

Rather than industry-specific new sales taxes, Cunningham said the council should look toward larger reforms in how it generates taxes and spends money.

โ€œWeโ€™re going to put it on the ballot and ask what kind of city people want,โ€ he said.

Specifically, Cunningham said he wants voters to get the chance to vote on a sales tax that would specify exactly where the money gets spent โ€” for police, parks, roads or other needs.

โ€œTalking about an advertising tax,โ€ he said, โ€œis a waste of time.โ€


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Contact reporter Patrick McNamara at 573-4241 or pmcnamara@tucson.com. On Twitter: @pm929.