CTJ's Tax Justice
Digest, November 5, 2007
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New CTJ Report Endorses Congressman Rangel's Comprehensive Tax Reform
Citizens for Tax Justice has released a report on H.R 3970, the tax reform legislation introduced in the U.S. House of Representatives by Ways and Means Chairman Charles Rangel (D-NY) on October 25. For individual taxpayers, the bill would repeal the Alternative Minimum Tax (AMT), improve tax provisions for low-income people (including the Child Tax Credit and EITC) and replace the revenue by closing loopholes and creating a surtax that would reduce the Bush tax cuts for the richest Americans. Generally, only those with incomes above half a million dollars would pay higher taxes overall than they do today. On the corporate tax side, the bill would sharply cut the top corporate tax rate and pay for that by eliminating some inefficient and unfair corporate loopholes.
On balance, Citizens for Tax Justice supports the Rangel bill because it would make the tax code simpler and fairer without making our fiscal situation even more dire.
To read the report, click here: http://www.ctj.org/pdf/rangelbill.pdf
While these goals sound sensible to the average American, the Republican leadership in Congress has a hostile reaction to any proposal to raise any tax or close any tax loophole, no matter how egregious.
Some members of Congress have even rallied around the loophole for "carried interest," a type of compensation paid to private equity fund managers. The loophole allows fund managers to earn hundreds of millions of dollars and yet still pay taxes at a lower rate than middle-income people. CTJ and other organizations have argued for months that elimination of this loophole would be justified even if Congress did not need to raise any revenue. Similarly, opponents of reform have attacked any tax increase, in any form, on the wealthiest one percent of taxpayers, who will get the majority of the benefits from the Bush tax cuts by 2010.
The Republican leadership in the House and Senate have launched a campaign to attack any efforts to raise revenues by increasing taxes or closing tax loopholes, or even letting the Bush tax cuts expire, as having calamitous consequences for the U.S. economy. They insist that Congress should instead address the AMT in a way that increases the federal budget deficit. Due to this poisonous atmosphere and the potential obstruction by Republican leaders in the Senate, Congressman Rangel will likely have to wait beyond this year to seriously push his broad tax plan. Meanwhile, his committee has approved a smaller bill to extend AMT relief for one year, as discussed below.
Ways and Means Committee Approves Bill to Fix AMT for another Year and End Unfair Tax Breaks for Private Equity
By a party-line vote, the House Ways and Means Committee on Thursday approved legislation (H.R. 3996) that would prevent the Alternative Minimum Tax (AMT) from expanding its reach to millions of more families for one year. Ways and Means Chairman Charles Rangel (D-NY) had hoped earlier this year to pass his larger plan to address the AMT permanently, as discussed above, but some lawmakers oppose his provisions to pay for AMT reform and would rather increase the budget deficit. As a result, Chairman Rangel introduced this smaller bill, which includes a "patch" of the AMT for one year at a cost of about $50 billion, and hopes the larger plan will be acted on sometime in the next couple years.
The smaller bill approved Thursday also includes one-year extensions of some special interest tax breaks that are technically temporary but whose extension by Congress has become so routine that Hill insiders refer to them as the "extenders." The extenders cost about $21 billion.
Help for Low-Income Included
Also included is a change in the Child
Tax Credit rules to make it easier for poor families to benefit from
the credit, as well as a small additional standard deduction for middle-income
homeowners. These two provisions combined cost about $4 billion over
ten years.
Rangel Stands Firm -- Tax Cuts Will Be Paid For By Closing Carried Interest Loophole, Among Others
The
smaller bill borrows some very good ideas from the larger
plan in order to pay for the one-year AMT relief and the extenders. One of these provisions would eliminate the "carried interest" loophole for private equity fund managers, which would raise about $26 billion over ten years. Another
provision would limit the ability of private equity fund
managers to set up deferred compensation arrangements
in offshore tax havens to avoid taxes, and would raise
about $24 billion over ten years.
Another provision
would delay the implementation of a tax break that was
passed in 2004 but is not yet in effect. The 2004 tax
break essentially expands a loophole allowing multinational
corporations
to take U.S. tax deductions for interest payments that
are really foreign expenses. The provision delays this
tax break several years and raises $25 billion over ten
years.
Republicans Say Their Own Tax Laws Will Lead to the Biggest Tax Increase in History
Republicans members of the committee were hostile to the offsets and argued during the markup of the bill that the AMT should be repealed and the revenue should not be replaced because it was never intended to be collected. This ignores the fact that the Bush Administration intentionally decided
not to permanently fix the AMT when it enacted tax cuts
in order to mask the true cost of those tax cuts. It
also ignores the fact that the Bush Administration, like
Congress during both Republican and Democratic control,
has budget plans that assume the expanded AMT revenue
(based on current law under which the AMT will expand
its reach) will be collected.
Congressman
Earl Blumenauer (D-OR) pointed out the irony of the minority
party's argument. Republicans at the hearing seemed to say that the expiration of the Bush tax cuts -- which was written into the laws enacted by President Bush and the Republican Congress, along with the scheduled expansion of the AMT that was intentionally left in place when Republicans controlled Congress and the White House -- would lead to the "biggest tax increase in history." Even if we believed that allowing the tax laws to exist as they're currently written could constitute a tax increase, it would be hard to understand why the complaints are coming from the party that held power and passed a major tax bill
every year for six years.
Meanwhile, even the conservative Washington Times has editorialized that "it seems disingenuous" for the GOP to call Rangel's plan a tax hike.
You
can write your members of the House and Senate and insist that they pay for whatever AMT relief Congress passes this year. The bill approved by the House Ways and Means Committee would protect millions from the AMT without increasing the national debt. Click here to send a simple email to your Representative and Senators urging them take this responsible path. (It's OK if you're not sure who your members of Congress are, our system can figure it out for you.) If Congress doesn't stop approving deficit-financed tax cuts (which is what AMT relief will be if it's not paid for), then sooner or later we will have to pay the price with higher taxes and dramatic cuts in public services that everyone depends on. Right now some lawmakers would rather protect tax loopholes for millionaires than address that problem. Urge your members of Congress to do what's right for ordinary Americans by paying for AMT relief.
State Tax Justice News
Tax Reform Debate Underway in Maryland
The Maryland General Assembly last week began a special session to consider Governor Martin O'Malley's $1.7 billion deficit reduction package, holding hearings on each of the key elements in the package. ITEP staff testified on a number of the tax policy changes the Governor has recommended, including a more progressive personal income tax rate structure, an expansion of the sales tax base and an increase in the sales tax rate, and efforts to close corporate tax loopholes through the adoption of combined reporting. The Center on Budget and Policy Priorities has also released several helpful reports on the Governor's tax proposals, detailing ways to generate additional tax revenue in Maryland and to protect low-income taxpayers from regressive tax increases. Progressive Maryland and the Alliance for Tax Fairness will hold a statewide Town Hall Meeting on Tuesday, November 6 in Annapolis to give concerned citizens an opportunity to express their support for a more equitable tax system. As the Washington Post opines, the fate of Governor O'Malley's proposal is uncertain, but the need for action - and for important reforms like a more progressive income tax and a more robust corporate income tax - are clear.
Florida: Confused Yet?
Florida's property tax reform debate may finally be nearing an end - and, then again, it may not. During a special session in June, the Legislature put a plan on the January 2008 ballot to allow homeowners to choose between their existing "Save Our Homes" property tax assessment caps and a so-called "super-exemption" of up to $195,000. That plan was then removed from the ballot by a Leon County court in September because it would have been too difficult for voters to understand. Then, last Monday, the last possible day to do so, the Legislature approved an alternative plan to increase the existing homestead exemption and to permit current residents to take their "Save Our Homes" assessment caps with them when they move, thus putting property tax reform back on the ballot. Yet, as the Miami Herald points out, the state's Taxation and Budget Reform Commission, which itself has the power to put matters before the voters, could come up with another approach for the voters to consider next November. What's more, creating "portability" for "Save Our Homes" may well violate the U.S Constitution, as an analysis by Walter Hellerstein and others found back in February.
Given the particulars of the Legislature's latest plan, a different approach would certainly be warranted. As the St. Petersburg Times observes, the Legislature's latest plan "... takes what's wrong with the current property tax system and amplifies it. The unfair advantage long-time homeowners have over more recent home buyers would be extended. The shifting of the tax burden from homesteaded property to non-homesteaded property would be exacerbated. And the cost for making matters worse would be indefensible."
The Miami Herald offers its compiled coverage on the whole sorry saga here.
Myth Busters in Iowa
This week the Iowa Policy Project (IPP) issued a report called Undocumented Immigrants in Iowa: Estimated Tax Contributions and Fiscal Impact. The study's release received much attention in the press by rightly debunking the myth that undocumented immigrants in Iowa don't pay taxes. The study includes estimates of the average property, sales/excise, and income taxes paid by undocumented immigrants in Iowa. The results of the study may surprise many as IPP estimates that undocumented families contribute more than $40 million dollars to state revenues. Similar studies have been conducted in other states and similar myth-busting findings were revealed.
Flawed Property Tax Relief in New Jersey Redo
Next week New Jersey voters will be asked again to let their voices be heard about property tax relief. Last fall voters approved earmarking half of the revenues generated through a one-cent sales tax hike for property tax relief. The question before voters on November 6 will be whether or not to approve a constitutional amendment that would devote the second half of that one-cent increase to property tax relief -- in other words earmarking the entire $1.3 billion raised by the sales tax increase for property tax relief. Politicians in the Garden State give the ballot measure mixed reviews. Assembly Speaker Joseph Roberts Jr. supports the measure saying, "passage of Public Question #1 must be priority #1." On the other hand Governor Jon Corzine opposes the question though he hasn't actively campaigned against it. New Jersey Policy Perspective President Jon Shure comes out squarely against the proposal for three very good reasons. The amendment reduces the state's ability to be fiscally flexible, it won't help the larger problem that the state continues to spend more than it collects, and it is "yet another Band-Aid applied" until the entire tax system can be fundamentally restructured.
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