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Last year, I blogged about a Senate bill that would have singled out five unpopular oil companies—ExxonMobil, Chevron, ConocoPhillips, Shell Oil, and BP—for harsher tax rules than those that apply to any other companies in the economy. Last year’s bill failed when it received 52 votes on the Senate floor, falling short of the required 60. The rejection of the bill reaffirmed the rule of law, particularly the principle that a free society does not single out particular companies for extra taxes based on political hostility.

But, some bad ideas never go away. With high gas prices again stoking rage against “Big Oil,” the Senate is now considering a bill with oil tax provisions identical to those in last year’s bill. Of course, the bill’s flaws are unchanged from those I described last year—among other things, it denies the five companies a tax break available to all other goods producers and it fraudulently purports to deny the five companies the percentage depletion loophole, a loophole for which they have actually been ineligible since 1975.

This year’s bill is also likely to fail for lack of the required 60 votes. A good thing, too, because the bill illustrates the worst way to play politics with the tax code. Americans who are better off should certainly be taxed to support those who are in need. But, no individual or company should be singled out for disparate taxation based on political unpopularity.

Alan Viard

Obama changes course on dividend taxes

By Alan Viard

February 13, 2012, 12:34 pm

President Obama’s fiscal 2013 budget plan, released this morning, is similar in many ways to his previous annual budget proposals. One feature that wasn’t in his fiscal 2012 plan is the proposed Buffett tax, which would impose a 30 percent minimum tax on the income, including dividends and long-term capital gains, of millionaires. But there’s one other important change, which would also increase the tax burden on saving and investment, from last year’s plan.

The president now proposes that the 2003 dividend tax cut be allowed to fully expire at the end of this year for taxpayers with incomes greater than $200,000 ($250,000 for married couples), making dividends taxable at ordinary income rates for those taxpayers. As a result, the top dividend tax rate will rise from 15 percent this year to 39.6 percent next year. In his fiscal 2012 and earlier budget plans and in his 2008 campaign proposals, the president had called for most of the dividend tax cut to be preserved for these households, with the top dividend tax rate rising only to 20 percent.

The president’s earlier proposals had recognized that the 2003 dividend tax cut offers (imperfect) relief for the burden that the corporate income tax imposes on corporate equity-financed investments, an insight not reflected in his current proposal. In a prominent 2008 Wall Street Journal article, the Obama campaign’s top economists emphasized that he would increase the top dividend tax rate only to 20 percent, boasting that “this rate would be 39 percent lower than the rate President Bush proposed in his 2001 tax cut and would be lower than all but five of the last 92 years we have been taxing dividends.” Unfortunately, the president’s current proposal sharply diverges from that path.

President Obama is hardly the first president to change his tax proposals after taking office. But, it is regrettable that he has changed course in a way that will place heavier tax burdens on saving and investment.

Although the two plans to cut 2012 Social Security payroll taxes that were blocked in the Senate yesterday differed in many ways, they shared a key feature that is almost certain to remain in the compromise plan expected to eventually emerge. Both plans included a transfer from the general federal treasury to the Social Security trust fund to compensate the fund for the lost payroll tax revenue, similar to the transfer now being made as part of the 2011 payroll tax cut. Despite the bipartisan support for such general-revenue transfers, they should be resisted because they improperly free Social Security from budgetary discipline.

Moving money around within the federal government cannot change the government’s overall financial position, but can reallocate budgetary resources between Social Security and other programs. In particular, shifting money from the general treasury to the trust fund limits future Social Security benefit cuts or payroll tax increases, at the price of deepening future cuts in other programs, such as national defense, Medicare, and Medicaid, or future increases in other taxes, such as the individual and corporate income taxes.

As I pointed out in Tax Notes earlier this year, the use of general revenue to finance Social Security undermines basic budgetary principles by improperly giving Social Security the best of both worlds. Social Security has always been spared from having to compete against other programs for resources in the general budget process on the ground that it is a self-supporting program financed by its own earmarked taxes. The natural tradeoff for that protected status was the restriction that the program could not spend more than the revenue raised by those earmarked taxes. With general revenue transfers, though, Social Security faces neither type of budgetary discipline, as it can spend beyond its earmarked tax revenue while continuing to pose as a self-supporting program entitled to protection from the general budget process.

If we continue to make these general revenue transfers, then Social Security should be required to compete against other programs in the general budget process. The better option, though, is to restore Social Security’s self-supporting status by ending the general revenue transfers. The revenue loss from any Social Security tax cut that Congress chooses to adopt should be borne by the trust fund, not shifted to other federal programs and taxes.

As Herman Cain’s 9-9-9 plan continues to draw attention, a key component of it remains misunderstood. Cain’s plan would replace the individual and corporate income taxes, estate and gift tax, and payroll and self-employment taxes with three new levies. As is well-known, one levy is a 9 percent retail sales tax and another is a 9 percent income tax.

The misunderstanding concerns the third component. Most media reports, taking the lead from Cain’s own terminology, continue to describe it as a business or corporate tax or even as a tax on corporate profits. Yet, the tax is actually a value added tax (VAT), a fact confirmed by the economic analysis circulated by Cain’s campaign.

A VAT and a retail sales tax are conceptually equivalent consumption taxes, apart from administrative and compliance issues. The plan is therefore better described as featuring a 9 percent income tax and an 18 percent consumption tax, with half of the latter collected using the VAT methodology and the other half collected using the retail sales tax methodology.

One concern about the Cain plan has been overstated. Analysts who thought that the third tax was a tax on business profits or cash flow (in other words, a tax that allowed firms to deduct wage payments) complained that the plan would raise revenue far short of current levels. The fact that the tax is actually imposed on value added (so that firms cannot deduct wage payments) means that it would raise considerably more revenue than those analyses had indicated. Although the 9 percent rate is not quite revenue neutral, a rate around 10 to 11 percent might work, if no deductions or tax preferences are added to the plan.

If the plan was adopted at a revenue-neutral tax rate, it would increase long-run economic growth by largely eliminating the tax penalties on saving and investment. But, it would also cause a massive shift in tax liabilities towards moderate-income households, a disturbing outcome and one that is likely to make the plan politically unviable.

But, the biggest issue is one of truth in labeling. Mr. Cain should level with the voters by explaining that he’s proposing a VAT and allow them to weigh the advantages and disadvantages of this approach.

Charles and Nick, I can’t subscribe to your view of the Republican candidates’ uncompromising stand against tax increases at last week’s Iowa debate. Like Peter Wehner and Norm, I am deeply disturbed that all of the candidates said they would reject a hypothetical deficit reduction agreement featuring $10 of spending cuts for each dollar of tax increases. I stand by my position (see here and here) that Republicans should be willing to compromise on tax increases in order to reduce entitlement spending.

As I pointed out, the additional government debt that will be issued if we fail to reach a deficit reduction agreement today must be serviced with tax increases or spending cuts in the future. Is there any real doubt that future presidents and Congresses will turn to tax increases for more than 10 percent of the financing? If so, then rejecting a 90-percent-spending-cut deal today actually increases the long-run tax burden.

Despite Charles’s claim to the contrary, there is such a thing as a real spending cut deal. To be sure, agreements to cut discretionary spending are hard to sustain over extended periods, because discretionary spending levels must be voted on each year and frequently change in response to unexpected developments. Even in this area, though, it’s possible to achieve some savings. The two Gramm-Rudman-Hollings laws and the Budget Enforcement Act restrained discretionary spending growth in the late 1980s and early 1990s.

In any case, it’s entitlement spending that really need to be restrained. Fortunately, agreements to cut entitlement benefits are more durable than agreements to cut discretionary spending. Because entitlement spending is not voted on each year, spending reductions remain in effect unless and until the president and Congress affirmatively pass legislation to overturn them. The historical record shows that real benefit cuts adopted in a bipartisan agreement can remain in place.

In 1983, Ronald Reagan signed a Social Security compromise that included both payroll tax increases and benefit cuts. One of the benefit cuts, a six-month delay in the cost-of-living adjustment, took effect as scheduled in the year of enactment. The largest benefit cut, an increase in the normal retirement age, may have initially seemed more vulnerable to backsliding because it wasn’t slated to take effect until decades down the road. Yet, the first stage of that increase, with the age rising from 65 to 66, has now taken effect. The second stage, with the age rising from 66 to 67, is still on track to take effect in upcoming years, with nary a proposal from either party to block it.

Besides, if there were no real spending cut deals, what would be the policy implication? That entitlements will be unilaterally cut by Republicans when they control all branches of government? Republicans’ track record offers no support for such a prediction. Or, that entitlements will never be cut? In that case, tax increases are unavoidable; blocking tax hikes today merely puts them off to the future and needlessly allows deficits to crowd out investment in the meantime.

In reality, entitlement spending can be restrained. But doing so almost always requires bipartisan agreement and therefore compromise. Of course, Republicans should insist on a good deal. But a 10-1 ratio is likely to meet that standard, at least if a significant portion of the spending cuts are to entitlement benefits.

A hard-line stance may offer some short-run political benefits, as evidenced by the resounding applause that the candidates received from the Republican audience last week. Unfortunately, an absolute refusal to accept tax increases today is likely to doom efforts to cut entitlement spending, guaranteeing onerous tax increases tomorrow.

Republican debt-ceiling negotiators have taken a firm stand against any deficit reduction package that includes tax increases, even if the tax increases are modest and accompanied by large reductions in the growth of Social Security, Medicare, and other entitlement spending. Unfortunately, maintaining this stance may cause Republicans to miss an opportunity to lower Americans’ long-run tax burden.

It’s important to understand the consequences of turning down a deficit reduction package with, for example, 80 percent spending cuts and 20 percent tax increases. The additional federal debt issued in the wake of such an outcome must be serviced with future tax increases or spending cuts. Is there any reason to think that future Congresses and presidents will draw on spending cuts to finance more than 80 percent of the debt service? If not, then trying to protect taxpayers by rejecting such a package today is self-defeating. Moreover, delay has its own costs. Regardless of how the additional debt is ultimately serviced, its issuance is likely to reduce national saving and, as the economy recovers and interest rates rise, to crowd out investment.

Some may suggest waiting to tackle the fiscal imbalance until Republicans win control of the White House and both chambers of Congress, when they will have a free hand to adopt sweeping entitlement cuts unaccompanied by tax increases. Aside from ignoring the Republican Party’s track record, this strategy fails to recognize the constraints imposed by public sentiment. In view of the limited public support for large entitlement reductions, it is unlikely that one political party will ever be able to enact such reductions on its own. Real entitlement restraint is likely to be achieved only through a bipartisan agreement, for which a revenue component is the price of admission.

It is unclear whether such an agreement is feasible at this time. Every expression of flexibility by President Obama seems to be followed by an expression of inflexibility by congressional Democrats. But, if there is an opportunity to adopt a package with large entitlement cuts and modest tax increases, Republicans should seize it. Of course, they should work to limit the scope of tax increases and, as I recently discussed, shape them to be less harmful to economic growth.

The goal of permanently holding federal revenue to its historic share of GDP has an understandable appeal. As I have noted, though, the massive cutbacks in future entitlement spending required to achieve that objective are unlikely to ever win public support. It is tempting to hold out against tax increases and simply hope that the necessary entitlement cutbacks will someday magically materialize. But, we should not allow wishful thinking to block an opportunity to take the one step that can actually limit future tax increases—reaching an agreement here and now to cut entitlement spending.

The ongoing debate about the potential role of tax changes in a deficit reduction package appears to be descending into a clash between rival misperceptions. One fallacy rejects all tax increases, including measures, such as repeal of the ethanol tax credit, that level the playing field and thereby allow economic resources to be allocated by the market rather than a distortionary tax system. Some who oppose this fallacy embrace an alternative fallacy holding that any measure that broadens the tax base rather than explicitly increasing marginal tax rates must be conducive to economic growth and efficiency. In reality, as I have observed elsewhere, some base broadening provisions actually tilt the playing field and impede efficiency. In the end, of course, each proposed tax change must be weighed on its own merits.

Unfortunately, many of the tax proposals advanced by the Obama administration and congressional Democrats are misplaced. For example, the proposal to repeal last-in, first-out (LIFO) inventory accounting rests on the mistaken belief that it gives inventories preferential treatment. As I have observed, however, economic studies consistently show that inventories are already taxed more heavily than almost all other business investment. I have also previously pointed out the dangers of proposals that would single out five companies (“Big Oil”) for special tax rules based solely on the public hostility aroused by their size and rises in the price of their product.

Another questionable proposal would apply ordinary income tax rates, rather than capital gains rates, to carried interest received by managers of private equity and similar funds, even when the carried interest is an allocation of the fund’s capital gains income. Kevin Hassett and I have noted here (and again) that, despite the claims of the proposal’s supporters, the current tax treatment of carried interest is an application of general partnership tax law principles rather than a special preference for these funds. Some versions of the proposal take the even more dubious step of applying ordinary tax rates to capital gains earned by the founders of the firms that sponsor these funds.

These proposals, as well as the administration’s proposal to lengthen depreciation schedules for corporate jets, appear to be motivated by populist sentiment more than sound tax policy. Unsurprisingly, these proposals shrink from addressing any of the popular and widespread individual income tax preferences.

But, the administration is on firmer ground in proposing to limit the tax savings from itemized deductions for high-income taxpayers. Of course, one can question some aspects of the proposal, such as why the limit applies to preferences structured as itemized deductions while ignoring those structured as exclusions or credits. Tom Miller recently offered some critiques and suggestions for improvement. Nevertheless, the proposal is one way to limit some of the income tax’s prominent inefficiencies, notably its extravagant subsidy for the construction of luxurious homes. Building on ideas like this one could pave the way for a bipartisan deal that curtails inefficient features of the tax system while slowing the growth of entitlement spending.

Politico reported last week on the latest occurrence of a Washington tradition, “the annual Capitol Hill version of the perp walk for Big Oil.” Executives from ExxonMobil, Chevron, ConocoPhillips, Shell Oil, and BP were summoned before the Senate Finance Committee, where the companies were accused of being large and of selling a product whose price has recently risen in world markets.

It would be bad enough if the campaign against these five disfavored companies involved only the political theater of a perp walk. But, the Senate is also poised to vote on a bill, the proposed Close Big Oil Loopholes Tax Act, that would single out the five unpopular firms for tax treatment not applied to other firms. While it may seem hard to believe that such a glaring violation of the rule of law could be seriously considered, the precedent has already been set. Congress adopted laws in 2006 and 2007 requiring these disliked firms to write off some business costs (geological and geophysical expenditures) more slowly than other producers. Like those laws, the Senate bill shrinks from identifying its targets by name, but instead describes them by gross receipts and volume of production. As I have previously described here and here, there have been other efforts in recent years to target these companies for disparate tax treatment.

One provision of the Senate bill would deny the five companies a tax break for production of goods inside the United States. As I have explained before, a 2008 law already denies all oil and gas producers one-third of this tax break, while leaving it fully available to producers of such items as firearms, tobacco, and alcohol. That law did leave oil and gas producers better off, though, than producers of adult movies, who are completely denied the tax break. The current bill would deny the five companies, and only them, the entire tax break, consigning them to the same tax category as the adult-film industry.

Another provision of the bill is simply and blatantly dishonest. The issue concerns percentage depletion, a tax loophole that, when applicable, enables producers to claim deductions larger than the costs they actually incurred. A 1975 law abolished percentage depletion for integrated oil and gas producers while preserving it in limited form for independent producers (“Little Oil”). President Obama has sensibly proposed the elimination of the remaining vestiges of this unwarranted tax break. In contrast, the Senate bill passes up the opportunity to actually remove or limit percentage depletion. Instead, it includes a meaningless provision purporting to deny this loophole to the five targeted firms, blithely ignoring the fact that they, like other integrated producers, are already barred from using it and have been for more than three decades. As one might expect, the Joint Tax Committee scored this redundant provision as having “negligible revenue effect.” The public relations effect has been far from negligible, however, as it has generated a stream of media reports falsely crediting the bill with denying an egregious loophole to the five disfavored firms.

Good public policy calls for taxing those who are better off to support those who are in need. Debate will long continue on how high such taxes should be and how they should be designed. But all Americans should reject abusive proposals that tax a handful of firms for the crime of being unpopular.

President Obama’s fiscal 2012 budget includes a proposal, recycled from his fiscal 2011 budget, to repeal the last-in-first-out (LIFO) method of inventory accounting. As I recently observed, this proposal would interfere with efficient production by raising taxes on inventories, which already face a higher effective tax rate than most other types of capital. In fact, the Congressional Budget Office found in a 2005 study that inventories were the second most heavily taxed type of capital among the 49 types that the study examined. Far from leveling the playing field, as true tax reform would do, LIFO repeal would tilt the playing field further against inventories, giving firms even more of an artificial tax incentive to hold plant and equipment rather than inventories.

Much of the opposition to LIFO reflects the belief that inventories, unlike other business assets, are not productive. I rebutted this fallacy in a 2006 article:

Inventories, no less than plant or equipment, are productive capital investments … Inventories, plant, and equipment are different types of capital. Each of them requires an investment by firms and each generates a return in the form of increased revenue or cost reductions. Firms would not hold any type of capital that was unproductive. Firms hold inventories, as they hold plant and equipment, to make their operations more profitable.

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president_george_w_bush_discussing_social_securityJonathan Chait was kind enough to refer to my September AEI Tax Policy Outlook on the New Republic website yesterday. Unfortunately, he inflates my resume and completely misstates the point of my article.

Chait bestows a retroactive promotion on me by referring to me as a “former member of George W. Bush’s Council of Economic Advisors.” The agency, which is actually the Council of Economic Advisers, has three members, appointed by the president and confirmed by the Senate. I was never one of those members, nor did I ever seek such a position, nor would I have been seriously considered had I done so. I did, however, have the privilege of serving as a senior economist on the Council’s staff from April 2003 to April 2004. In that capacity, I had the honor of working for N. Gregory Mankiw, Harvey S. Rosen, and Kristin Forbes, who were then the members of the Council.

On a more substantive note, Chait’s headline asserts that my article laments unspecified “Bush tax lies.” He then proceeds to quote two paragraphs of my article, which reveal the quite different criticism of the Bush administration that I actually make. In the quoted paragraphs, I say that the administration “downplayed” the most economically powerful provisions of the tax cuts, “failed to make the growth case” for these provisions, and used “misplaced arguments” that have failed to advance the cause of marginal tax rate reduction. In the remainder of my article, I elaborate on these points. In short, I argue that the administration devoted too little of the 2001 tax cut to marginal tax rate reduction and failed to build support for the reduction that it did include. No lies are involved.

Perhaps Chait will change his headline to “Bush Economist Laments Bush Timidity on Marginal Tax Rates.” Better still, maybe he will join the campaign for marginal tax rate reduction.

Image by the Executive Office of the President of the Unites States.

Nobody is surprised that the heated debate about the effectiveness of President Obama’s stimulus package has not let up. But followers of the debate may be puzzled by an ongoing discrepancy in media descriptions of the size of the stimulus package. Why do some media reports refer to the “$862 billion stimulus” and others refer to the “$787 billion stimulus”?

The explanation is simple, if a little distressing. Some reports use the up-to-date cost estimate, while others inexplicably cling to an estimate that was repudiated six months ago.

When the stimulus package was adopted in February 2009, the Congressional Budget Office estimated its cost for fiscal years 2009 through 2019 at $787 billion. In Appendix A of its January 2010 economic and budget outlook, however, CBO revised its estimate to $862 billion. The agency found that unexpectedly high unemployment had boosted the cost of the package’s jobless and food stamp benefits and that state and local governments had issued an unexpectedly large volume of the new Build America Bonds authorized by the stimulus package. These differences, as reinforced and offset by other minor changes, added $75 billion to the estimated cost. With that revision, CBO consigned its original $787 billion estimate to the dustbin of history. Or, so one would have thought.

But, not everyone got the memo. A look at media reports during the last three months turns up numerous references to the outdated $787 billion estimate. The Washington Post, the Los Angeles Times, and CNN used the obsolete estimate a majority of the time. The Huffington Post was split almost equally between the $787 billion and the $862 billion figures. On the other hand, the Wall Street Journal usually cited the current $862 billion estimate.

I regret to say that the worst offender was the newspaper that has claimed me as a dedicated daily reader for 30 years, The New York Times. During the last three months, the Times made more than two dozen references to the $787 billion stimulus, with nary a mention of the $862 billion stimulus.

The cost estimate is obviously not the central element of the stimulus debate. Few supporters of the stimulus would give up on it after learning that it is costing $862 billion rather than $787 billion. And, any who did might be offset by opponents moving to support it after learning that it is giving more help to the unemployed and the states than originally expected. Furthermore, the $862 billion estimate could itself be revised as new information becomes available.

Surely, though, it is not too much to expect America’s leading media to use the most up-to-date cost estimate. Given our limited understanding of the business cycle, we may never be able to speak with certainty about the impact of the stimulus on jobs and the economy. But can’t we at least use the current cost estimate?

handicappedNick, thanks for explaining why the medical exemption won’t prevent the new tanning tax from having unintended effects on some people with medical conditions. This isn’t the first time, of course, that a tax has reached people that it wasn’t intended to affect. Such an outcome is particularly likely when a tax is added to a larger legislative package at a late stage in the process.

A similar situation arose in 1990, when an excise tax on “luxury” cars was added at the last minute to the deficit-reduction package negotiated by Congress and President George H.W. Bush. The tax, which coincidentally had the same 10 percent rate as the tanning tax, applied to cars costing more than $30,000. Congress apparently didn’t realize that some cars purchased by disabled drivers cost more than $30,000, due to modifications made to accommodate the drivers. Belatedly recognizing that such accommodations were not a “luxury” that should be taxed, Congress amended the tax in 1993 (effective retroactively to the inception of the tax) to exempt the costs of such modifications.

In another parallel, the luxury car tax raised complications similar to those now posed by the tanning tax. Rules were adopted to impose tax on parts and accessories purchased shortly after the purchase of the car, just as rules are now being adopted to impose tax on tanning services that are bundled with other goods and services.

The luxury car tax was phased out starting in 1996 and was finally laid to rest at the end of 2002. It remains to be seen how long the tanning tax will stay with us.

Image by Marcus Q.

Nick: In new Internal Revenue Code section 5000B(b)(2), Congress provided an exemption from the tax for “any phototherapy service performed by a licensed medical professional.” Does your concern relate to other tanning services that fall outside this exemption?

savingsToday, President Obama signed into law the second healthcare bill, the one adopted through the budget reconciliation process. Among many other provisions, the bill imposes a new 3.8 percent tax, starting in 2013, on certain investment income received by households with incomes above $200,000 ($250,000 for couples). This tax, which was not in the House or Senate healthcare bills, was adopted without any congressional hearings and with little public debate. Earlier this month, Amy Roden and I discussed how the tax, then expected to be imposed at a 2.9 percent rate, is likely to impede economic growth.

The new law places the investment tax provisions in new Chapter 2A of the Internal Revenue Code, which is captioned “Unearned Income Medicare Contribution.” This four-word caption achieves the startling feat of being misleading or incorrect in three separate ways.

First, the tax will have only a tenuous link to Medicare. To be sure, its proceeds will be earmarked to the Medicare Part B trust fund that finances outpatient care. Because Congress has already given this trust fund unlimited authority to draw on general revenues, however, this earmarking will not increase the amount of money available to the Medicare Part B program. The impact on the allocation of federal resources will be no different than if the proceeds were paid into the general treasury. Although not completely incorrect, the caption’s reference to Medicare is misleading.

Second, the tax will not apply to “unearned income,” but to income earned by savers who defer consumption and thereby provide resources for business investment. (Unfortunately, this mislabeling is not a new feature of the Internal Revenue Code. A number of past and present provisions, including those pertaining to the earned income tax credit and the foreign earned income exclusion, use the term “earned income” to refer only to income earned by workers and not to income earned by savers.) Congress’s failure to recognize that income from saving is a form of earned income has disquieting implications for its future policy decisions.

Third, the new levy will not be a voluntary “contribution” offered by the affected households, but will instead be a tax payment compelled by law. (The mislabeling of taxes as contributions is also not new; Chapter 21 of the Internal Revenue Code, which pertains to Social Security and Medicare payroll taxes, is captioned “Federal Insurance Contributions Act.”) The legislative language within the new chapter is more candid than the caption, consistently referring to the levy as a “tax.” Certainly, any affected household that chooses not to make this “contribution” in 2013 will quickly learn that there is nothing voluntary about it.

Amending or repealing the new chapter’s substantive provisions would promote economic growth. As a modest first step, though, consideration should be given to amending the caption. Changing it to “Tax on Income Earned by Savers” would be a small victory for transparency in tax policy.

UPDATE: In my original posting, I understated one of my points, because I overlooked a last-minute change to the bill. In reality, the reference to “Medicare” in the caption of Chapter 2A is entirely false, rather than merely misleading. Although the bill originally included a provision earmarking the proceeds of the tax to the Medicare Part B trust fund, that provision was removed prior to passage of the bill. Under the final version of the law, the tax proceeds are simply paid into the general treasury. The “unearned income Medicare contribution” therefore has no Medicare link at all.

Image by Alan Cleaver.

President Obama has proposed letting most of the Bush tax cuts expire at the end of 2010 for households with incomes above $200,000 ($250,000 for couples) while permanently extending the tax cuts for all other households. For high-income taxpayers, the president’s proposals would increase explicit marginal tax rates by 3 to 4.6 percentage points on ordinary income and 5 percentage points on dividends and capital gains. The restoration of a phase-out provision would add another 1.2 percentage points to the true marginal rates. These rate increases would result in higher taxes on the business investment financed by the affected households, posing an obstacle to the capital formation that sustains the productivity and wages of American workers.

In congressional testimony last week, Treasury Secretary Timothy Geithner downplayed the problem, noting that “97 percent of small business owners who file individual income tax returns will be spared an increase in their tax rates.” The Center on Budget and Policy Priorities (CBPP) recently advanced the same argument that only 3 percent of small business owners would face higher rates.

As I have noted elsewhere, however, what matters is the fraction of investment and income subject to the higher marginal tax rates, not the fraction of firms or owners facing those rates. Framing the issue correctly paints a dramatically different picture. As a rough first cut, IRS data reveal that 48 percent of the net income from sole proprietorships, partnerships, and S corporations (the “small businesses” referred to by Secretary Geithner and CBPP) reported on tax returns went to households with incomes above $200,000 in 2007. That number should be reduced slightly to reflect that some of those households (married couples with incomes between $200,000 and $250,000 and taxpayers on the alternative minimum tax) would not be subject to the higher marginal rates. But, the relevant fraction is clearly far, far above 3 percent.

Moreover, the impact on “small” businesses is only part of the story. The rate increases would also apply to interest, dividends, and capital gains paid by corporations (“big” businesses), raising the tax burden on those firms’ investments. The impact on big firms is important because, as Amy Roden and I recently noted, they, no less than small firms, create jobs and contribute to economic growth. Again using IRS data for a first cut, 47 percent of the interest income, 60 percent of the dividends, and a staggering 84 percent of the net capital gains reported on tax returns went to households with incomes above $200,000 in 2007.

Many factors, including revenue concerns, must be considered in deciding whether to extend the Bush tax cuts for high-income households (or for other households). But, it is clear that allowing the rate cuts at the top to expire would impose additional tax burdens on a large volume of corporate and non-corporate investment. An irrelevant “3 percent” statistic should not be allowed to obscure that reality.

Alan Viard

Reality Check on Taxes

By Alan Viard

February 2, 2010, 11:53 am

The Drudge Report today played up this article about coming middle-class tax hikes. Although Reuters has pulled the article, many people are still reading it at various websites, so it is important to note and correct its appalling inaccuracies:

– The article asserted that the Obama budget would allow the 10 percent, 25 percent, and 28 percent brackets to expire, boosting those rates to 15, 28, and 31 percent, respectively. In reality, the budget would permanently extend the lower rates.

– The article asserted that the Obama budget would raise the dividend tax rate to 39.6 percent. In reality, the budget would raise the rate only to 20 percent.

– The article asserted that the Obama budget would allow taxpayers’ option to deduct state and local sales taxes to expire. In reality, the budget would extend that option through 2011.

President Obama would permanently extend the Bush tax cuts for households with incomes below $200,000 ($250,000 for couples); statements that the president would allow the Bush tax cuts to expire are true only for households above those income levels. The president has also proposed some additional middle-class tax cuts.

Should this make us happy about President Obama’s budget? Quite the opposite. As Arthur Brooks, Alex Brill, and I have pointed out, the middle-class tax cuts that the president would extend have large revenue losses and do relatively little to promote economic growth. The tax cuts at the top that the president would allow to expire would significantly lower marginal tax rates on saving and investment and promote long-run growth. Letting those tax cuts expire would ultimately harm the middle class by lowering their wages.

Evaluation of the administration’s policies must be based on facts, not fabrications and false rumors. The Obama budget wouldn’t raise income taxes on the middle class. But it would increase marginal tax rates, threatening the long-run growth that sustains the well-being of Americans in all income groups.

When Congress and President Obama adopted the second stimulus last February, the estimated $787 billion price tag raised eyebrows. But the actual cost is coming in above the original estimates. In new budget projections released this morning, the Congressional Budget Office made a $75 billion upward revision to the estimated cost of the stimulus and now pegs the cost at $862 billion. The agency explains that the stimulus package’s increases in unemployment compensation and food stamps have been more costly than expected and that state and local governments have issued unexpectedly large volumes of the new Build America Bonds authorized by the package.

800px-nanyang_walk_slow_lettering_20060317Last month, I argued that the infrastructure spending in the “Jobs for Main Street” bill passed by the House would occur too slowly to provide a useful fiscal stimulus. In its recent cost estimate for the bill,  the Congressional Budget Office confirms the slow pace of this spending. CBO projects that Title 1 of the bill will result in $69 billion of “infrastructure and jobs investment” spending over the next ten years. Of this amount, only $13 billion will take place in fiscal 2010 and only another $19 billion in fiscal 2011. The energy and water development category takes the prize for the slowest spending, with a paltry 8 percent of its ten-year total going out in 2010 and 2011.

As I pointed out last month, the slow spend-out rate for infrastructure is a well-established phenomenon. CBO reiterated the point in a new study of stimulus options released on Thursday. CBO noted that:

Infrastructure projects often involve considerable start-up lags. To be sure, some projects, such as highway repair and resurfacing, can be implemented relatively quickly. However, large-scale construction projects generally require years of planning and preparation … developing and implementing alternative energy sources would probably have their biggest effects on output and employment after the recovery was well along. As a practical matter, the experience with ARRA [the February 2009 stimulus] suggests that fewer projects are ‘shovel ready’ than one might expect … Moreover, given the substantial increase in infrastructure funding provided by ARRA, achieving significant increases in outlays above the amounts funded by ARRA would probably take even longer.

Infrastructure investments that make the economy more productive can boost long-run growth. But the long-lived nature of most infrastructure projects prevents them from serving the Keynesian purpose of creating jobs during recessions and smoothing out the business cycle.

Image by Awyong Jeffrey Mordecai Salleh.

Alan Viard

Repeating the Same Stimulus Mistakes

By Alan Viard

December 17, 2009, 11:18 am

shovel_blackYesterday evening, the House of Representatives narrowly passed the “Jobs for Main Street” bill, which includes $48 billion of new infrastructure spending. If the Senate goes along in January, some of the key mistakes made in last February’s stimulus package will be repeated.

Public works are a legitimate governmental function, as Adam Smith recognized back in 1776, and the right infrastructure investments can make the economy more productive. But job creation is the wrong reason to increase infrastructure spending. In the long run, increased spending on infrastructure doesn’t create jobs; it simply moves them from some sectors of the economy to others. The same holds for other types of public and private spending; despite many claims to the contrary, job creation is not a valid long-run reason to spend more on renewable energy, national defense, or consumption.

There can be short-run job effects, which Keynesian policies often try to exploit. Boosting public and private spending during downturns and curbing spending during upturns can stabilize the economy, adding jobs and output when they are most needed and subtracting them when there is less need. But such stabilization requires delicate timing that can’t be achieved with long-lived infrastructure projects. In congressional testimony last year, I cited several economic analyses confirming this conclusion, including a Congressional Budget Office (CBO) report and a Brookings Institution study by Jason Furman (now deputy director of President Obama’s National Economic Council) and Douglas Elmendorf (now CBO director).

Congress proceeded to include a significant amount of infrastructure and other annually appropriated spending in February’s stimulus package, even though CBO predicted that the money would be spent much more slowly than the tax relief, state aid, and government benefit payments in the package. That prediction has been confirmed; the Council of Economic Advisers recently reported that only $16 billion of “government investment outlays” had made it into the economy as of late August.

At the White House jobs summit December 3, President Obama acknowledged that big infrastructure projects “may not necessarily work as an immediate, short-term stimulus. The term ‘shovel ready’—let’s be honest, it doesn’t always live up to its billing.” Nevertheless, he recommended an infrastructure package the following week and the House heeded his call yesterday. In an apparent effort to ensure that no past mistake goes unrepeated, the House bill would also extend the stimulus package’s Buy America rules to the new spending.

The only thing worse than adopting a slow-acting stimulus package during a recession is adopting one after it’s ended, as this recession probably did last summer. Although the lost jobs haven’t come back yet, they will begin returning well before the new infrastructure spending will get off the ground. If more stimulus really is needed, let’s do something that will have an impact in the next few months rather than the next several years.

Yesterday’s White House jobs summit has sparked discussion about whether a second stimulus should be adopted.

As former Council of Economic Advisers member Donald Marron and others have pointed out, that decision has already been made. President Obama signed the second stimulus into law in February 2009. The first stimulus was signed into law by President Bush a year earlier, in February 2008. The decision we now face is whether to adopt a third stimulus.

Before we consider another stimulus, maybe we should try to keep track of the ones we’ve already done.

President Obama has consistently promised to raise taxes only on people with incomes above $200,000 ($250,000 for couples)—roughly 3 percent of the population—and to cut taxes for those with lower incomes. Within the last week, however, a New York Times editorial and an article by David Wessel in the Wall Street Journal have pointed out an inconvenient truth about this pledge: it is not possible to raise enough revenue to close the country’s fiscal gap solely from a small group of high-income households. To be sure, those households earn a significant share of national income, a share that has risen in recent decades. But no feasible increase in their marginal tax rates can close the existing budgetary imbalance, let alone finance new spending. Fiscal measures that go beyond taxing the highest-income households may, or may not, be deferred until after Obama’s presidency, but they cannot be avoided.

As I recently observed, the infeasibility of taxing only the top few percent has been recognized by a wide set of economists and commentators. The list includes 2008 Nobel economics laureate Paul Krugman, the editors of the Washington Post, Roberton Williams of the Urban-Brookings Tax Policy Center and the Center’s former director, Leonard Burman, Stuart Taylor of National Journal, New York Times columnist David Leonhardt, Washington Post columnists Steven Pearlstein and E.J. Dionne Jr., and Clive Crook of The Atlantic.

The unavoidable reality is that much of the burden of addressing the fiscal imbalance will fall on the middle class, broadly defined, either in the form of tax increases or entitlement reductions. That reality may not be pleasant, but it will be less painful if faced sooner rather than later.

Amy Roden and I recently discussed the numerous tax and spending programs that discriminate in favor of small business and against big business. As we pointed out, small business also enjoys a special place in the legislative branch, with small business committees in both chambers of Congress. In addition, the Small Business Administration (SBA) is an independent agency within the executive branch that “exists to protect the interests of small business concerns.” In contrast, no committees or agencies are dedicated to big business. Nevertheless, small business advocates are apparently unsatisfied with these arrangements, as they are pressing President Obama to make the top spot at the SBA a cabinet position.

Most Americans probably see little need for a larger cabinet. But, if the cabinet is to be expanded, the new seat should not go to an agency that represents some businesses and excludes others. As Roden and I have noted, the tax and spending provisions discriminating against big business have no economic foundation. While popular and political discussion anoints small business, to the exclusion of big business, as “the engine of job creation,” statistical evidence does not support this view.

Rather than adopting programs that pit small and large firms against each other, policy makers should embrace tax, regulatory, and budget policies that give firms of all sizes an equal opportunity to compete in the free market. Consumers, rather than government, should determine the mix of small and large firms that best meets the country’s needs. As policymakers continue to honor small business as an engine of economic growth, they should give equal recognition to big business, the other engine of economic growth.

Last week, the Congressional Budget Office (CBO) updated its estimates of the long-term budget outlook. Unfortunately, there’s not much change from the grim projections CBO released in December 2007.

Under CBO’s “alternative fiscal scenario,” which most closely reflects current policies, federal tax revenue will rise steadily as a share of GDP because increases in real income will push people into higher tax brackets. Federal revenue, which has recently averaged about 18 percent of GDP, will rise to 19.2 percent of GDP in 2035 and to 21.9 percent in 2080.

But, this revenue increase will not come close to keeping pace with spending growth in the big three entitlement programs—Social Security, Medicare, and Medicaid. Social Security spending is projected to rise from 4.8 percent of GDP today to 6.0 percent in 2035 and 6.2 percent in 2080, while Medicare and Medicaid spending is projected to soar from 5.3 percent of GDP today to 10.0 percent in 2035 and 18.0 percent in 2080. The growth in these programs reflects their automatic response to population aging and rising medical costs. Aging is the more important factor in the early decades while medical costs are more important in the later decades.

This mismatch between spending and revenue will result in massive federal borrowing. The federal debt held by the public will rise from its current value of a little more than six months’ GDP today to more than three years’ GDP in 2050 and to more than seven years’ GDP in 2080. As CBO notes, such increases in debt would not be sustainable. CBO rightly concludes, “Doing nothing is not an option: Legislation must ultimately be adopted that raises revenue or reduces spending or both.”

In the coming decades, the American people will face crucial decisions about whether to close the fiscal gap through tax increases, spending cuts, or a mixture of both. On that point, we should keep in mind CBO’s observation that higher marginal tax rates would reduce incentives to work and save. While recognizing that policy makers must consider a broader social perspective, CBO notes that, “From a purely economic perspective, slowing the growth of spending would generally impose smaller costs than boosting tax rates.”

To promote economic growth and prevent a massive expansion of government, spending restraint must be a big part of the solution to the fiscal gap. That will require changing the automatic responses of the big three entitlement programs to aging and medical costs. Without fundamental entitlement reform, America faces a future of high taxes, big government, and slow growth.

Two years ago, I wrote about congressional Democrats’ efforts to put oil and natural gas production in the same tax category as adult movies. The more things change, the more they stay the same.

The issue concerns a tax break for domestic production, called section 199, that Congress adopted in 2004. In its wisdom, Congress limited the tax break to certain sectors of the economy. Manufacturing, agriculture, construction, mining, and movie production made the cut while most services did not. The IRS has valiantly struggled to implement Congress’s handiwork, explaining to taxpayers, for example, that brewing coffee at a retail shop doesn’t get the tax break while roasting coffee beans away from the shop does.

Congress struck a blow for moral virtue in one aspect of its fine-tuning. While providing section 199 to movies in general, it denied the tax break to movies that depict performers’ actual sexual conduct. With morality on the table, you might think Congress would next go after tobacco farming or alcohol distilling or firearms manufacture. In reality, though, those industries have escaped challenge.

Oddly enough, the target of choice has been oil and natural gas production. After failing in earlier years, the attacks on these industries met with some success last year. The October 2008 financial bailout law denies part of the tax break to oil and gas; when section 199 fully phases in next year for other industries, oil and gas will get only two-thirds of the normal tax break. Now, President Obama’s budget proposes to deny oil and gas any section 199 benefits, starting in 2011.

It’s not quite clear why these industries are targeted. The administration cites concern about global warming, but it doesn’t deny the tax break to coal mining. The administration also says that giving “preferential” treatment to oil and gas production encourages more investment than under a neutral system and spurs overproduction. But singling out particular industries hardly sounds like neutrality.

If we really want neutrality, let’s replace section 199 with an across-the board tax cut for all industries—goods and services, oil and gas, and even adult movies.


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