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MED zone unfair to small business

Thursday, March 17, 2005

I am writing in response to all the editorial comments in favor of the Dowling Village development. It seems that the Call has taken a very pro position on this development using the financial benefit to Woonsocket to justify such a position. It also seems that the complaints by local business, that this will hurt them are being brushed aside as the fall out of free market competition. Oh well, apparently is the short answer to their concerns.

Unfortunately, justifying this as a consequence of being in a free market environment is an error in reasoning. In short, the MED zone will be providing a competitive 3.5% edge that is not available to those outside the zone. It is there for one purpose; to drive sales at that location. It is not an edge gained via better business acumen. It is an edge gained by a favor. It is an artificially created advantage. Such favoritism or advantages in commerce are frowned upon in the laws of this state. In fact, the language is rather powerful: It is intended that as a result the prices of goods and services to consumers will be fairly determined by free market competition in activities affecting trade or commerce in this state...the general assembly intends to exercise fully its power to affect and regulate commerce in order to effectuate the purpose of this chapter. (6-36-2)

I am sure some would argue that the tax is not part of the price of goods. If that is true, then what is the purpose of cutting the sales tax rate? That one is trying to do something noble with the revenues generated is not the issue at this point. One has to get past the inequity created in the market place by the law before one starts talking about the benefits if we are to be “fair” as oppose to just talking “fair”.

We are not talking about a small advantage. Some simple math using the $30 million dollars over 10 years suggests approximately $1.65 million in sales per week that will be generated at a 3.5% advantage. That is $85.7 million per year in sales do to 3.5% pricing advantage not available to those outside the zone. Put another way, for those outside the zone to compete on price, they would have to give up $ 3.27 in profit for every $100. Sounds small? Not when you realize that retail runs on a 2% to 5% profit margin. That 3.5 % advantage is a 70% difference in the profit margin.

There are additional issues of “fairness” with this zone such as inequity of tax burden. Those outside the zone are now supplementing the loss in tax revenue to the state with the reduction of their net profit. Those in the zone are gaining revenue at the expense of the rest of the citizens in the state. Why? Because some one will have to make up the $60 million in lost sales tax over the 10 years that the state would have collected had they not given half to the store in the zone and the other half to the host city.

The MED zone law is a very well intended law. Unfortunately, it is a very unfair law.

Daniel J. Becker, DC
327 Eddie Dowling Hwy.
N. Smithfield, RI 02896

 
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