October 2007 Archives



More Misguided Tax Cuts Aimed at Senior Property-Owners



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Wyoming Governor Dave Freudenthal recently proposed a constitutional amendment for his state as well, offering a plan to cut property taxes for the elderly. An amendment is necessary as Wyoming's constitution requires that all property be assigned its full value for tax purposes in one of three classes - mineral, industrial, and personal. More specifically, the Governor's plan would exempt one half of the fair market value of an elderly taxpayer's residence from taxation, up to $100,000, resulting in an average tax cut of $638 for senior property owners and in an annual revenue loss of $15 to $18 million.

Given that Wyoming already has two means-tested property tax relief programs - one targeted to the elderly and another for all taxpayers - and a third not presently funded by the legislature, one could legitimately ask whether the goal of alleviating property taxes for those least able to pay them would be best accomplished through the Governor's amendment. Reed Eckhart of the Wyoming Tribune-Eagle poses that question and others in his recent column, arguing for all Wyomingites to contribute to public structures like schools and roads.



Wisconsin Lawmakers Finally Make it to the Finish Line



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At long last, the Wisconsin legislature approved a two-year $57.2 billion budget. The agreement comes 4 months after the budget deadline and is expected to be signed by the Governor Friday. A hospital tax and taxes on oil companies didn't make it into the final bill. But the bill did include a cigarette tax increase that will raise the tax on a pack of cigarettes from 77-cents to $1.77. The bill also includes additional school aid for low-income districts and children's health insurance expansion and eliminates the tax on Social Security benefits.

Wisconsinites may be relieved that the budget impasse is over. Advocates for tax fairness will find the budget compromise lacking. However, advocates seem pleased with the overall spending priorities set forth in the new budget. For more read this statement from the Wisconsin Council on Children and Families.



TABOR Alert: South Carolina



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As we noted in last week's Digest, South Carolina will likely face a budget deficit of roughly $430 million in the coming fiscal year. Predictably, this has prompted some, including Senate President Pro Tem Glenn McConnell, to call for a constitutional amendment to limit state spending. Similar proposals have been offered before in South Carolina and in other states. The only such limitation that has passed in any state is Colorado's so-called "Taxpayer Bill of Rights" or TABOR. The result for Colorado has been a dramatic deterioration in essential public services and the state chose to suspend that limitation in 2005.

More to the point, as Cindi Ross Scoppe of The State points out, South Carolina's real problem is not runaway spending, but a deeply flawed tax system. Among the tax policy challenges that South Carolina must address are limitations on property tax growth and property tax assessments, wasteful tax breaks for profitable corporations like Michelin, and an excessive reliance on a sales tax that fails to tax services adequately. ITEP's Issue Briefs can help to explain the shortcomings of South Carolina's approach to property and sales taxation - and what can be done about them.



If It Sounds Too Good...



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This week, taxpayers in Indiana will read promising headlines like, "Daniels announces property-tax plan" and assume that their angst about the property tax will disappear. But one doesn't have to read very far to know that Governor Daniels' proposal is an empty promise for low-and middle-income taxpayers. He is proposing $1 billion in property tax relief by 2009, but the relief comes at a steep price in the form of raising the state sales tax by 1 percent and capping homeowner property taxes at 1 percent of assessed value. Property tax caps are a long proven foe for taxpayers with less ability to pay. For more on property tax caps check out ITEP's policy brief.



Chair of House Tax-Writing Committee Proposes Comprehensive Tax Reform



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Congressman Rangel's Tax Bill Would Make the Tax Code Simpler, More Progressive, and the Changes Are All Paid For

House Ways and Means Chairman Charles Rangel introduced his proposal Thursday to address the Alternative Minimum Tax and simplify the tax code without increasing the federal budget deficit. One title of the bill would address the income tax for individuals, including the AMT reform which would be paid for by reducing the Bush tax cuts for the wealthiest Americans and closing some unfair loopholes that benefit the very richest taxpayers. The other title of the bill would simplify the corporate tax by trading a lower corporate tax rate for the elimination of some inefficient loopholes. Lawmakers may take some of the provisions, such as a one-year fix for the AMT, and pass them more quickly as a separate, smaller bill.

Individual Income Taxes Would Be Simpler and More Progressive

Several Republican lawmakers demand that Congress repeal the AMT without replacing the revenue because it was never "intended" to be collected. This is nonsense, because the Bush Administration very intentionally declined to address the AMT when it passed tax cuts. The President's most recent budget assumes that the AMT will, in fact, expand its reach to millions of families after 2007.

Congressman Rangel's bill includes a "patch" for the AMT for this year and then repeals it altogether. The revenue is replaced largely with a surtax on families with incomes over $200,000. These families have benefited the most from the Bush tax cuts. Nearly half of the benefits from the Bush tax cuts flow to the richest five percent of taxpayers, whose income is above $170,000. In 2010 well over half of the benefits will flow to this group if the Bush tax breaks are not repealed. So Congressman Rangel's bill would reduce the bonanza of tax cuts enjoyed by this elite group of families to help pay for AMT relief for families who are somewhat more likely to be middle-class.

In addition, the bill would eliminate the loophole for "carried interest" as many advocates have urged because it allows wealthy fund managers to pay a lower tax rate than middle-income people.

Congressman Rangel's bill also includes important improvements in the Child Tax Credit and the EITC for childless workers. The Child Tax Credit is currently structured so that the poorest families cannot benefit from it, while the EITC for childless workers is currently so low that childless workers can live in poverty and still pay federal income taxes, in addition to federal payroll taxes.

Corporate Taxes Would Be Simpler and More Efficient

The bill reduces the corporate rate from the current 35 percent to 30.5 percent and replaces the revenue lost from this change by eliminating certain loopholes. Corporations should consider themselves lucky to be offered this lower rate. CTJ has argued recently that Congress should close corporate tax loopholes and not lower the corporate rate but instead use the new revenue for deficit-reduction or to address the many needs this country faces right now.

It's often said that the U.S. corporate tax rate of 35 percent is among the highest in the world, but really the effective rate is much lower because of the loopholes that corporations use to lower their taxes. The United States collects less in corporate taxes as a percentage of GDP than all but two OECD countries. In other words, corporations should be thankful they're being offered any tax breaks at all.

Wisely, the bill includes changes to offset the costs of the rate reduction. These include eliminating several existing tax provisions, including a tax subsidy for manufacturers, an accounting method that allows oil companies to understate their profits, and another provision that encourages companies to move operations offshore.

Republicans Defend Government Interference in the Economy Through the Tax Code, Defend Complexity in the Tax Code

Republicans in Congress have placed themselves in the strange position of defending a system that taxes some millionaires at lower rates than middle-class families, defending a tax system that provides subsidies to certain businesses at the expense of the rest of the taxpayers, and defending the complexity in a tax code that causes business decisions to be made for tax reasons rather than economic ones. Treasury Secretary Henry Paulson went so far as to say (subscription required) "The corporate proposals will hurt the ability of our businesses and workers to compete in a global economy." This is despite the fact that closing loopholes to pay for a lower tax rate is an idea that he and others in the Bush administration proposed during the summer.



EITC Innovation



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Over the past year we've told you about the growing popularity the earned income tax credit (EITC) at the state and federal levels. This credit offers financial assistance to low-income workers based on family size and income. The credit usually receives strong bipartisan support and keeps many families from living in poverty. Now twenty-three states plus the District of Columbia offer some type of EITC in addition to the federal one. One criticism of the credit is that people don't know they could be eligible to receive benefits -- thus millions of dollars in credits goes unclaimed. Legislation signed into law last week in California goes a long way to ensuring that working folks are notified about the federal credit. Assembly bill 650 mandates that "an employer [will] notify all employees that they may be eligible for the federal earned income tax credit." Other states would do well to follow in California's groundbreaking footsteps.



Conservative [Reckless] Approaches to State Fiscal Policy



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Policymakers in South Carolina learned late last week that the state will likely face a budget deficit of some $430 million heading into FY 2009. A number of states will have to close budget gaps in the coming fiscal year -- in part because critical sources of revenue growth have slowed with the cooling housing market. But South Carolina has brought some of this problem on itself. As the Bureau of Economic Advisors -- the body responsible for the latest budget projection -- indicates, one of the three largest factors contributing to the likely deficit is the $240 million in tax cuts enacted this summer.

News like this should give elected officials in Utah some pause. According to the Deseret Morning News, legislators there are already talking about using a projected $400 million budget surplus to cut taxes once again. Yet, as the News points out, that surplus may exist only because Utah's budget projections have not yet been updated to account for previously enacted tax cuts. In other words, some elected officials want to use these surpluses, which may not even exist because of previous tax cuts, to fund more tax cuts. Anti-tax politicians with this kind of mindset like to portray themselves as conservative, but this kind of behavior can only be described as reckless



DON'T DO IT! Some Senators Consider Borrowing Billions Instead of Paying for AMT Reform



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It has been reported in several news outlets that Senate Finance Chairman Max Baucus (D-MT) was unable to get a majority of his committee's members to agree, at a meeting Wednesday, on how to pay for a temporary fix for the Alternative Minimum Tax (AMT). As a result, some Senators have suggested that they should waive the pay-as-you-go (PAYGO) rules that were reinstated at the start of this session and which are supposed to prevent Congress from expanding the national debt.

The Bush tax cuts increased the number of people subject to the AMT and the Republican-led Congress never permanently indexed for inflation the exemptions that keep most of us from having to pay it. As a result, 23 million taxpayers (17 percent of all taxpayers) will pay the AMT for 2007 if Congress makes no change to the law.

Not Worth Breaking the Bank

But the AMT is not exactly the greatest threat right now to the average American. Even if Congress does nothing (which is extremely unlikely) around 60 percent of the AMT would still be paid by the richest 5 percent of taxpayers. In other words, if there was ever a good reason to borrow billions of dollars and have to pay it back with interest, this is not it.

Several Measures Would Be Good Policy AND Could Pay for AMT

That is especially true because there are plenty of options that Congress can pursue to offset the cost of temporarily or permanently fixing the AMT. For starters, Congress could scale back the Bush tax cuts for the wealthiest people, who are reaping most of the benefits.

Congress could also close the loophole for "carried interest" paid to billionaires who run investment funds, and who are currently allowed to pay a lower tax rate than their secretaries. Several hundred organizations signed a letter in early September urging Congress to close this loophole. Congress could also crack down on tax avoidance associated with offshore schemes, stock options and misreporting of business income, and limit tax breaks for the deferred compensation of millionaire executives.

Early this year CTJ pointed out that one simple solution would be to close the loopholes within the AMT itself for capital gains and dividend income.

It's expected that a bill to "patch" the AMT for one year will be introduced in the House by Ways and Means Chairman Charles Rangel in the coming weeks and will likely include some combination of revenue-raising provisions to offset the cost. Rangel has, however, said members of the House may also disagree over how to do so. (Rangel also plans to introduce a larger bill to repeal the AMT entirely, and offset the costs, but that may not be acted upon until next year.)

Deficits Are Not a Progressive Solution

Congress should not waive PAYGO. The more money we borrow, the more we have to pay to make interest payments. Currently nine cents of every dollar we send to Washington goes just to interest payments -- just to pay for the privilege of borrowing. Besides that, budget deficits can endanger vulnerable families since the public services they depend on are often targets of cuts whenever conservative politicians decide it's time for "deficit-reduction" measures.



Plan to Abolish Georgia's Property Taxes Faces New Roadblock



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Georgia House Speaker Glenn Richardson's plan to repeal all Georgia property taxes and make up the lost revenue by expanding the state and local sales tax base ran into a roadblock last week. Two new reports from Georgia State University's Fiscal Research Center (FRC) show that repealing property taxes would dig an annual $8.6 billion budget hole for the state -- and that under any reasonable scenario for expanding the sales tax base, a property-for-sales tax swap would fall at least $2 billion short of filling that hole. Since Richardson has described his plan as "revenue neutral" without actually providing detailed revenue estimates, the new reports cast doubt on whether this tax swap can be accomplished.

As the FRC report's detailed revenue estimates make clear, the only way such a plan could even approach revenue neutrality would be to tax items that (to put it mildly) wouldn't find much support among the public or tax analysts, including purchases by the federal, state and local government ($2.2 billion), health care ($600 million), and rent ($405 million).

Richardson helpfully suggested this week that the authors of the reports "should sharpen their pencils," but didn't offer more substantive criticism of the FRC analysis.

Even worse for advocates of this tax swap, the latest data show that Georgia sales tax collections in September were down 10% from last September's collections, which is not a good sign for those who want to use sales taxes to pay for property tax repeal.



Congressman John Dingell Has a Good Idea



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So, as we've discussed here, there's been some controversy surrounding Rep. John Dingell's proposal to enact a carbon tax that will raise the cost of gasoline by 50 cents a gallon. Dingell, who represents a lot of automotive workers in the Detroit area and chairs the House Energy and Commerce Committee, has in the past largely opposed proposals that would restrict oil consumption in any way. For example, he prevented enhanced fuel efficiency standards for automobiles from making their way into the energy legislation recently passed by the House.

So many observers, including Hill insiders that I've spoken with, are convinced that Dingell's proposals are actually attempts to drum up opposition to any sort of carbon tax, which would allow him to turn around and say, "Well, look we tried, but clearly America doesn't want a carbon tax."

But some are starting to think Dingell may actually want to do something productive, and, as the Washington Post reports, some of his ideas are catching the attention of environmentalists. His idea to end the home mortgage interest deduction for houses that are larger than 3,000 square feet is an excellent idea.

To begin with, the home mortgage interest deduction is itself a poor policy. It's only available to those who itemize, and most low-income taxpayers do not. And for those who do itemize, the deduction provides a bigger benefit for those who are in a higher tax bracket or who buy a more expensive house.

Can you imagine Congress saying it wants to hand checks to people to buy a house, and the richer they are and the bigger the house is, the more they get? That's what we're essentially doing through the tax code. The fact that it takes the form of a tax break instead of direct spending means very little since it still results in a revenue reduction that we all pay for in higher taxes or fewer public services.

Now, a reasonable person could argue (although I wouldn't) that some sort of government subsidy to encourage home ownership is appropriate, although it's unclear that this benefit goes entirely to home owners rather than the real estate or construction industries. But at very least we should be able to agree that people buying houses of over 3,000 square feet don't need the full tax break.

Dingell's proposal would reduce the tax break for houses over that threshold and remove it totally for houses that are 4,200 square feet are larger.

Larger houses use more energy. It's true that all sorts of things can make a house energy efficient besides just its size, but apparently Dingell's proposal would make an exception for "certified" energy efficient homes.

This is actually one of the fairer ways to tax energy consumption when you think about it. The problem with a lot of plans to tax energy use is their regressivity.

Here at Citizens for Tax Justice, we cast a very suspicious eye on any proposal that would make our tax system more regressive. A tax on energy consumption, like any consumption tax, is inherently regressive because it takes a larger bite proportionally out of a poor family's income than it does of a rich family's income.

(But note that there are proposals that would reduce the regressive nature of a carbon tax. Whether these policies can truly target relief to the people low-income families who end up paying is debatable.)

A rich family can afford to invest most of its income, whereas poor families tend to buy the things they really need, like gas, food and housing, and then don't have anything left over to save or invest. So low-income families consume most of their income, and likely a larger portion goes towards gasoline. And besides that, a lot of working-class families have already purchased homes that are far from their place of work and far from the nearest grocery store. It would be difficult for them to all move now.

But notice how ending the mortgage interest deduction for McMansions really doesn't create all these difficulties. For one thing, it only affects the affluent. For another, it really only taxes future behavior - buying a new house. A gas tax, on the other hand, really taxes behavior that people have already locked themselves into (since families have already purchased homes far from work and shopping areas and cannot easily move).

Now I suppose ending the deduction for McMansions could indirectly tax some people who are locked into a position they cannot quickly change. Those people who already live in McMansions could have a harder time selling them. But so what? That's better than the regressive impact of a gas tax that hits the poor the hardest.

I would even argue that this limit on the home mortgage deduction could be a lot stronger. Dingell himself has alluded to the fact that large houses often increase global warming in two ways when he says that "sheer size, sprawl and commutes lead to dramatically more energy use -- or to put it more simply, a larger carbon footprint."

The first way McMansions contribute to global warming is just the fact that larger houses require more energy to heat and cool. The second is that building these huge houses, in the aggregate, leads to neighborhoods that are more spread out than neighborhoods of the past and which require a lot more driving to get anywhere. But this second problem would really be solved if you also limited the lot size for which the deduction is available. I haven't heard anyone talk about that though.

Well, at very least, we should stop handing out tax breaks for people who want to move into McMansions. It really ought to be a no-brainer.




Bush Realizes that Spending Must Be Paid For



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President Bush spoke in Rogers, Arkansas, yesterday on the battle with Congress over discretionary spending bills and the expansion of the State Children's Health Insurance Program (SCHIP). Virtually every word the President uttered during his speech was absolute nonsense. Let's go down the list.


"The worst thing we could do is run up taxes as this economy is growing."

So he says the tax cuts need to stay in place when the economy is growing. He also used to say that the tax cuts were needed when the economy was not growing, because tax breaks (which will mostly benefit the
richest 5 percent of Americans by 2010) will get the economy going again. He also said that when we had a budget surplus it was important to have tax cuts to give the money back to the people. And when his tax cuts sank us deep into deficits, he said it was important to have tax cuts because they actually increase revenues (even though economists in his own administration say that's not true). I guess you could say the man stays on message, at least.


"And yet when you listen carefully to the budget debate, that's what you're fixing to get stuck with -- a tax raise. Unless, of course, I prevent them from raising your taxes, which I fully intend to do."

He insisted that the Democrats' desire for (slightly) higher discretionary spending would lead to higher taxes. It's interesting that this President would even admit that spending money means you have to pay for it. Well, that's self-evident to most of us, but in conservative circles that has been denied since the very beginning of the Bush administration. After all, enacting deficit-financed tax breaks and fighting a deficit-financed war wouldn't be a winning policy if we had to actually, you know, pay for those things. If we have to actually pay for deficit-financed tax cuts later on, with interest, well, then they wouldn't really be tax cuts at all, would they?

But anyway, back to the question of whether the Democrats are actually calling for a tax increase. The discretionary spending that the Democrats are asking for fits within the budget resolution that they passed back in the spring, which balances the budget over five years. That budget does assume that some of the Bush tax breaks should be allowed to expire. But those tax breaks should be allowed to expire (actually they should be repealed early as far as I'm concerned) because they've made our tax code less progressive and cost around a
trillion and a half dollars.


"The other historic fact was that our deficit as a percent of GDP is at 1.2 percent."

There are many reasons why the budget situation actually really bad. For one thing, the full effect of the Bush tax cuts will be felt only in 2010, when the estate tax is fully repealed at a huge cost, and if the President and his allies have their way in making all the tax cuts permanent the deficit is
likely to grow over the next ten years. Beyond that, the cost of health care is rising, pushing up the costs programs like Medicare and Medicaid (not to mention straining families and businesses) and the administration has done nothing to address that.

And as the baby boomers retire, they will place new demands on the Social Security system, which is not in particularly grave danger itself but which would be less of a concern if we had actually saved the Social Security surpluses instead of blowing them on tax cuts and military spending during the Bush years.


"Every program sounds like a great program, but without setting priorities the temptation is to overspend. The job of the President is to make sure that we don't overspend, and at the same time keep taxes low."

You would think this President would be afraid of people focusing on priorities. This is a President who spent a trillion and a half dollars on tax cuts over six and a half years but refuses to spend an additional $35 billion over five years on health care for children. This is the same President who has spent something like
$460 billion in Iraq. As others have pointed out, the $22 in discretionary funding is awfully trivial compared to the overall budget and compared to the President's own priorities, like tax breaks for the rich and the war in Iraq.


"They want the executive branch to accept an increase in spending over the next five years to $205 billion. Put that in perspective, that's $1,300 in new spending every second of every minute of every hour of every day of every year for the next five years."

You might be wondering how the President can claim that increasing discretionary spending by $22 billion this year, which is what this whole fight is over, would cost $205 billion over five years. The Center on Budget and Policy Priorities
explains it all. Basically, there are some programs for which Bush wants to hold spending below what's needed to account for inflation and population growth over the next five years (which is a fancy way of saying Bush wants to slowly cut these programs over five years) and the Democrats disagree with him on this. So the overall difference is between where Bush and the Democrats are over this five-year period is $173 billion, and then the White House uses some other accounting malarkey to get that number up to $205 billion over five years.

And then of course there's the fact the President seems to be conceding that all the spending actually must be paid for, which is something new for him, as I've said.


"I think that would be bad for the economy."

Remember when, during the Clinton years, taxes were raised and we actually paid for all of our public services? Remember how that triggered a massive economic downturn... oh, wait, I was reading Republican talking points from 1993, sorry. I forgot that the 1990s actually saw phenomenal economic growth and prosperity.


"Not one bill has come out of United States Congress that appropriates your taxpayers' money."

Well of course Congress is pathetically slow, why should that change now? The President's own party demonstrated this with its
inability to even agree on a budget last year, not to mention its inability to get appropriations bills passed.


"The [SCHIP] bill sent to me didn't say, we're going to focus on those half-million that are eligible; the bill sent to me said, we can expand eligibility for the program up to $83,000."

Here's part of a
response from Families USA:

* Claims by the President that this bill raises the CHIP eligibility level to $83,000 (400 percent of the federal of the poverty level) in annual income are unambiguously false. There isn't a single state in the country with such a high eligibility level. One state, New York, wanted to set the eligibility standard at that level, but its request to do so was denied by the Administration.

* The CHIP bill will make it more difficult for states to set eligibility levels above 300 percent of poverty (approximately $62,000 in annual income for a family of four). States wishing to establish higher levels would receive less money for children with incomes above 300 percent than for lower-income children.

* The vast majority of the 3.8 million children who will gain coverage under this bill--more than 75%--have incomes below twice the poverty level. That's $41,300 for a family of four.


House Finally Gets It Right on Estate Tax, But Trouble Is Brewing in the Senate



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Before the House passed the bill ending the private debt collection program, Republican members used procedural rules to force a vote on a complete, unpaid for repeal of the estate tax. The measure was defeated 212-196, a major setback for the handful of super-rich families that have been funding a repeal campaign for several years. The House has voted several times during the Bush years to repeal the estate tax. According to a statement from Republican Whip Roy Blunt (R-MO) 42 Democrats voted to repeal the estate tax the last time it came up for a vote while this time only ten did, indicating that several have decided for the first time to stand up to the extreme anti-tax rhetoric used by opponents of the estate tax.

Supporters of a fair estate tax needed this news after developments in the Senate last week. As the Senate Finance Committee marked up its tax package for the agriculture bill reported on last week, Senator Jon Kyl (R-AZ) offered an amendment to significantly reduce the estate tax without paying for it. Senator Kyl only withdrew his amendment after Senate Finance Chairman Baucus agreed to hold a hearing on the estate tax sometime this year and mark up a bill in the spring.

Fewer Than One Percent of Estates Subject to Tax

The most recent data released from CTJ show that the percentage of estates subject to the tax was less than 1 percent in most states in 2005. Even fewer estates are likely to be taxable this year because the exemption is larger ($2 million for a single taxpayer vs. $1.5 million in 2005). Under the estate tax cut enacted by the Bush and the Republican-led Congress, the estate tax is gradually reduced until it disappears in 2010, but then returns in 2011.

Some lawmakers want to compromise and essentially freeze in place the estate tax rules that will be in effect in 2009, including a $3.5 million exemption for single taxpayers and a 45 percent rate. The budget resolution Congress adopted for fiscal year 2008 assumes that this compromise will be enacted. The amendment offered by Kyl last week would have gone much farther because it would increase the exemption to $5 million, tax the value of the estate between $5 million and $25 million at 15 percent and then tax the rest at 30 percent.

In Search of the Elusive Family Farm Threatened by the Estate Tax

Much of the rhetoric used by estate tax opponents revolves around family-owned small businesses, especially farms, that they claim are endangered because of the estate tax. Contrary to what the anti-tax advocates claim, very few farms or small businesses, if any, would ever have to be sold because of estate taxes.

According to the Congressional Budget Office, there were only 1,659 farm estates that were taxable in 2000 (when the estate tax was steeper because the exemptions were smaller and the rate was a little higher) and of these, only 138 did not have enough liquid assets to pay their estate taxes immediately, meaning some part of the estate could conceivably be sold in order to pay the tax. The CBO also found that if the exemption level was as high as it is today only 15 farm estates would have been both taxable and lacking the liquid assets to pay the tax.

Those 15 farm estates would likely weather the estate tax just fine. This CTJ paper describes the extra breaks that family farms get from the estate tax (in addition to the exemptions all estates get) including a provision that allows the tax to be paid off over a period of 14 years. The American Farm Bureau Federation famously admitted to the New York Times in 2001 that they could not cite a single example of a farm that had to be sold due to the estate tax.



House Votes to Kill IRS's Use of Private Debt Collectors



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The House of Representatives voted Wednesday to ban the IRS from using private debt collectors to help collect delinquent taxes after its current contracts with collection agencies expire in March 2008. The IRS's private debt collection program pays contractors a commission of 21 to 24 cents for every dollar of tax debt that they recover, while it's estimated that IRS employees can do the job for about 3 cents for every dollar collected. The private contractors are paid on a commission basis unlike IRS employees, so there is a concern among many that they have an incentive to be overly aggressive and less respectful of taxpayers' privacy rights.

The Senate Finance Committee has not taken up the private debt collection issue although there is a bill (S. 335) sponsored by Senator Byron Dorgan (D-ND) to end the program. Meanwhile, the White House has threatened to veto the House bill (H.R. 3056) if enacted because it will cost the federal government revenues "that are otherwise not likely to be collected by the IRS."

This argument is ridiculous. The ten-year projected cost of the measure is just over $1 billion and that cost is offset in the bill with revenue-raising provisions. But the more fundamental point is that this measure should not be scored as costing anything at all. When Congress cuts back the tax enforcement staff at IRS, this reduction is not counted as a "cost" even though IRS personnel actually collect a lot more in taxes than do the private debt collectors. The private debt collection program seems driven by the ideology that the private sector always works better, even when the facts clearly state otherwise.



Carlyle Group, Beneficiary of Carried Interest Loophole, Embarrassed by Protest



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Photograph from New York Times

The Service Employees International Union (SEIU) staged a protest Wednesday in front of the office of the Carlyle Group, the private equity firm that buys up nursing home management operators, defense companies and other businesses that get billions of dollars from the federal government. The partners at Carlyle are able to earn hundreds of millions of taxpayer-provided dollars while paying a lower tax rate than middle-income Americans thanks to the carried interest loophole.

The demonstration included people pushing wheelbarrows full of bags of "cash" from the IRS, which is located across the street, to a "fat cat" sitting on the front steps of Carlyle's office.

In light of this sort of press, it's really no wonder that private equity lobbyists are saying that the controversy over their tax breaks is far from over.



Battle Only Beginning Over the "Carried Interest" Tax Loophole for Billionaire Fund Managers



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On Tuesday, the Washington Post created a great deal of confusion by reporting that Senate Majority Leader Harry Reid (D-NV) has told lawmakers and lobbyists that the Senate will not have time this year to consider legislation eliminating the "carried interest" loophole, which allows billionaire fund managers to pay a lower tax rate than their middle-income receptionists. This was seen in some quarters as an indication that the issue is dead for this year, provoking several editorials blasting the Senate Democrats for choosing campaign contributions from lobbyists over tax fairness. The reality is that whether the Senate addresses the carried interest issue is largely up to the Senate Finance Committee, not Senator Reid.

Carried Interest Issue Wound Up in Debate Over Alternative Minimum Tax

Whether or not the Senate is unduly influenced by lobbyists is certainly a question worthy of debate, but some clarification is in order. It's true that the Senate is not likely to consider a stand-alone bill that does nothing but close the carried interest loophole. But every member of Congress already knows that. No one in Congress is talking about a stand-alone bill. The question everyone is considering is whether or not a provision to close the loophole should be used to offset the cost of other legislation Congress wants to pass. For example, Congress needs to pass a bill to keep the Alternative Minimum Tax (AMT) from affecting more taxpayers.

The number of people affected by the AMT will increase from around four million last year to 23 million this year if Congress does not act, and just fixing the AMT for this year alone would cost over $50 billion since Congress and the administration have always assumed that this revenue would be collected. A provision closing the carried interest loophole would raise some revenue (although an official estimate has not yet been made) and could therefore be used to offset part of the cost of dealing with the AMT. Over in the House, Ways and Means Chairman Charles Rangel (D-NY) has long said that he will likely try to close the loophole to help offset the cost of fixing the AMT.

Ball Is in the Finance Committee's Court

What types of "offsets" are attached to an AMT bill in the Senate is not decided by Senator Reid. It's decided by the Senate Finance Committee, and Finance Chairman Max Baucus (D-MT) has not yet said whether or not he'll include a provision to close the carried interest loophole. But he and ranking member Charles Grassley (R-IA) have both shown interest. An AMT bill needs to include offsets now that Congress operates under pay-as-you-go (PAYGO) rules that prevent it from increasing the budget deficit. Once the Finance Committee approves an AMT bill and sends it to the full Senate, Senator Reid will make time for a floor vote, since it will shield over 20 million families with voting members from an increase in their Alternative Minimum Tax.

Carried Interest Issue Won't Die Regardless of What Happens This Year

Regardless of what happens this year, there's enough public anger over the carried interest loophole to keep the issue alive for some time. Presidential candidates Hillary Clinton, John Edwards and Barack Obama have come out in favor of eliminating the loophole. Edwards and Obama even made a point of expressing their outrage that the issue hasn't been resolved by now. Even a chief lobbyist for the private equity industry said Wednesday that "It's not over; it's only just beginning."

For now, all eyes should be on the members of the Senate Finance Committee, particularly its chairman, Max Baucus.



Republicans Call for Replacing Alternative Minimum Tax with Alternative Maximum Tax



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House Republicans have called for replacing the complicated Alternative Minimum Tax with a potentially even more complicated Alternative Maximum Tax. The plan, which also proposes permanent extension of the Bush tax cuts, would add more than $5 trillion to the national debt over the 2011-20 period.

Under the GOP plan, taxpayers could choose to continue to pay taxes under the current tax code -- but with no Alternative Minimum Tax and with all of the Bush tax cuts permanently extended. Or they could switch to the new Alternative Maximum Tax, with lower rates than current law and no credits or deductions except for a large standard deduction and personal exemptions similar to those under current law.

Because the plan would repeal refundable tax credits now available to low-income working families, it would be of no benefit to the poorest one-third of Americans. Wealthy families, however, would get huge tax reductions.

To maintain or enhance complexity, the plan would allow couples to switch between the two tax systems annually by divorcing or remarrying. Single taxpayers would be allowed only one lifetime switch between the two systems after their initial choice, unless they get married.

The bill's lead sponsor, Rep. Paul Ryan (R-Wisc.) calls his plan "The Taxpayer Choice Act." But budget-deficit hawks have condemned it as "The Bankrupt America Act," while others have dubbed it "The Divorce Lawyers' Relief Act."



Bush Vetoes Children's Health Care Bill, Continues to Promote His Faulty Tax Proposal



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This week President Bush vetoed the bill to expand the State Children's Health Insurance Program (H.R. 976) that was approved by the Senate and House of Representatives last week. The bill would increase funding for the program by $35 billion over ten years by increasing the federal tobacco tax for cigarettes from 39 cents to a dollar per pack. The President has promoted his own idea for expanding health care -- a change in the tax code that would weaken the employer-based health care system without guaranteeing that it's replaced with a viable alternative.

The President's own proposal would eliminate the deduction for employer-provided health insurance and instead offer a deduction for health insurance purchased on the individual market (for the purchase of coverage that is not employer-provided). The President's proposal would basically make the tax code biased towards individually purchased health care and even high-deductible health care. There would no longer be any tax incentive for employers to provide health care, so many could "cash out" the health care benefits they currently offer, meaning some employees would receive additional monetary compensation instead of health insurance. The problem is that these employees would have to turn to the individual health insurance market, where plans offered are much more expensive and less generous. The Center on Budget and Policy Priorities explains this and other problems with the concept.

None of this is to say that the way the tax code currently treats health care is optimal. The deduction for employer-provided health insurance provides the greatest benefit for those in the highest income brackets and the lowest benefit for those in the lowest income brackets, making it an undeniably regressive policy. Also, it does nothing for the estimated 45 million Americans lacking health insurance.



Rep. Obey Proposes Progressive Surtax to Fund Iraq War



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In 2003, then-Speaker of the House Republican Denny Hastert argued for the first major tax cut during a war in U.S. history, saying, "Nothing is more important in the face of war than cutting taxes." During that year, the centerpiece of President Bush's tax cut plan was enacted, the low 15 percent rate for capital gains and dividends. In 2005, this break cost about $92 billion and three fourths of it went to the richest 0.6 percent of taxpayers. Instead of asking Americans to make a sacrifice, the President guaranteed Americans that our economy depended on deficit-financed tax cuts aimed at the wealthy.

Four years later, has anything changed? On Tuesday, Congressman David Obey (D-WI), chairman of the House Appropriations Committee proposed a surtax to raise $145 to $150 billion a year to pay for the war in Iraq. Under his proposal, low- and middle-income taxpayers would see a two percent increase in their federal income tax bills, while wealthier people would see a 12 to 15 percent increase.

"Some people are being asked to pay with their lives or their faces or their hands or their arms or their legs," Obey told the Washington Post. "If you're going to ask for that, it doesn't seem too much to ask an average taxpayer to pay 30 bucks for the cost of the war so we don't have to shove it off on our kids."

Even though such temporary taxes have been used to fund wars in the past, the anti-tax establishment pounced immediately. White House press secretary Dana Perino said, "Well, we've always known that Democrats seem to revert to type and they are willing to raise taxes on just about anything. There's no need to increase taxes." When asked to compare the President's refusal to fund an expansion of SCHIP with his willingness to spend hundreds of billions of deficit-financed dollars on the Iraq war, she called the Democrats "completely irresponsible" for wanting to raise taxes to pay for children's health care and the war.

In other words, the White House's fun-house mirror version of fiscal realities has not changed since the outset of the war. In their eyes, the responsible thing to do is have tax cuts and a war that are both deficit-financed, while paying for these things would be "completely irresponsible."

Meanwhile, Congress just raised the limit on the amount of debt the federal government can rack up for the fifth time since Bush took office.



Senate Finance Committee Approves Agricultural Tax Bill with a Provision to Crack Down on Tax Avoidance Schemes



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The Senate Finance Committee voted 17 to 4 Thursday to approve a tax package that will cost $17 billion over ten years and will be added to the reauthorization of the farm bill that the Senate Agriculture Committee will take up in a couple weeks. The tax package includes a $5 billion trust fund for crop disaster assistance as well as $3 billion in tax credits to encourage conservation. These items would replace direct spending programs for these purposes and, since the Finance Committee package includes offsets, will free up funds for other purposes in the larger agriculture bill.

The largest offset is a provision that will reduce tax avoidance schemes by codifying what is known as the "economic substance doctrine," which basically means that transactions having no purpose other than to avoid taxes are void. This provision, which arguably will reduce the economic inefficiency that comes with the exploitation of tax loopholes, will raise $10 billion over ten years.

Another revenue-raising provision takes aim at tax shelters known as sale-in, lease-out (SILOs). These arrangements, which can involve an American bank buying something like a subway or sewer system in another country and "leasing" it back to the foreign government for tax advantages, were already banned starting in 2004 but that ban would retroactively apply to deals made before 2004 under this provision. Some members of Congress oppose any such retroactive changes in tax laws, but the Senate Finance Committee earlier this year tried to include this change in minimum wage and energy legislation.

Another provision raises $854 million by cutting the tax credit for ethanol from 51 cents to 46 cents a gallon when ethanol production reaches a certain level. Several amendments were approved. Jim Bunning (R-KY) delayed the markup for a couple hours before agreement was reached to include his amendment to create a 50 cent-per-gallon tax credit for fuel made from liquefied coal or natural gas. Environmental organizations point out that use of liquefied coal may actually increase global warming, underscoring the possibility that these matters are not exactly within the expertise of the Congressional tax-writing committees.



Senator Levin Targets Deductions for Stock Options



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Senator Carl Levin (D-MI) introduced a bill this week to end the disparity between deductions taken by companies for stock options and the expenses that are actually reported on the companies' books for those options. Corporations sometimes compensate employees (particularly executives) with options to buy stock at a set price. The employee can wait to exercise the option until after the value of the stock has increased beyond that price, thus enjoying a substantial tax benefit.

When stock options are exercised, employees report the difference between the value of the stock and the exercise price as taxable wages. The employer reports the fair value of the option at the date it's granted in its financial statements, yet takes a deduction for the value of the option on the date it is exercised, which is often much greater. This "book-tax gap" means that how the options are valued for accounting purposes and reported to stock-holders is different from how they're valued and reported to the IRS. Levin's bill would make the amount deducted for tax purposes equal to the value accounted for in financial statements.

According to calculations made by his staff using IRS data and released in June, firms deducted $43 billion that was not included in financial books in this manner between December 2004 to June 2005. CTJ's 2004 study of corporate taxes cited stock options as one of the key reasons corporations were able to avoid taxes.

 



Government Shutdown Avoided in Michigan



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Michigan lawmakers ended a four-hour partial government shutdown early Monday morning by enacting two bills designed to deal with a projected $1.75 billion deficit. House Bill 5194 includes an increase in the state's single income tax rate from 3.9 to 4.35 percent. The rate increase will be phased out between 2011 and 2015 and is expected to increase revenues by $765 million a year. The second revenue-raising bill (HB 5198) broadens the sales tax base to cover many services, including landscaping services, bail bond services, and even baby shoe bronzing services. This is expected to increase state revenues by $750 million. The budget also includes $440 million in spending cuts.

Michigan lawmakers deserve credit for making tough decisions to ensure that the state can work to adequately meet the needs of Michiganders. We expect other states will eventually follow Michigan's lead and expand their sales tax base as economies continue to change from goods-based to service-based. For more on sales tax base expansion options see ITEP's policy brief.



More Details Emerge on Maryland Governor's Tax Plan



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Maryland Governor Martin O'Malley continues to release details of his ambitious revenue-raising plan, which would use income tax, sales tax, cigarette tax and gambling revenues to close a $1.7 billion structural budget deficit. The latest wrinkle: a progressive low-income sales tax credit, which would offset a small part of the O'Malley plan's sales tax increase by giving each household earning less than $30,000 a $50 tax credit.

But the most controversial part of the O'Malley package -- allowing slot machines at Maryland race tracks -- ran into a major road bump this week, as Maryland Senate Republicans signaled that they would not support slots as part of a tax package. Since slots would ultimately account for close to a third of the revenues from O'Malley's proposal, this casts doubt on whether O'Malley's planned special legislative session for tax reform will take place this fall. The Baltimore Sun thinks that's a good thing. The Washington Post's Steven Pearlstein has a level-headed critique of the governor's plan here.



Senator Levin Targets Deductions for Stock Options



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Senator Carl Levin (D-MI) introduced a bill this week to end the disparity between deductions taken by companies for stock options and the expenses that are actually reported on the companies' books for those options. Corporations sometimes compensate employees (particularly executives) with options to buy stock at a set price. The employee can wait to exercise the option until after the value of the stock has increased beyond that price, thus enjoying a substantial tax benefit.

When stock options are exercised, employees report the difference between the value of the stock and the exercise price as taxable wages. The employer reports the fair value of the option at the date it's granted in its financial statements, yet takes a deduction for the value of the option on the date it is exercised, which is often much greater. This "book-tax gap" means that how the options are valued for accounting purposes and reported to stock-holders is different from how they're valued and reported to the IRS. Levin's bill would make the amount deducted for tax purposes equal to the value accounted for in financial statements.

According to calculations made by his staff using IRS data and released in June, firms deducted $43 billion that was not included in financial books in this manner between December 2004 to June 2005. CTJ's 2004 study of corporate taxes cited stock options as one of the key reasons corporations were able to avoid taxes.



Ongoing Budget Problems in Illinois



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Faced with a looming budget hole, Illinois lawmakers shied away from addressing tax reform this year -- and elected officials in the state's biggest local government, Chicago's Cook County, now find themselves asking the hard questions state lawmakers avoided. A recent report from the Center on Tax and Budget Accountability shows that the county's current budget hole, estimated at $288 million, reflects a "structural deficit" -- that is, a recurring imbalance between the services a government provides and the revenues it uses to fund those services -- that will grow to over $800 million a year by 2012. The CTBA report explains that the county's heavy reliance on slow-growth property taxes and a narrow local sales tax base make the tax system incapable of keeping pace with the cost of funding important services. County lawmakers have proposed an increase in the county's already-high sales tax rate (without expanding the sales tax base to include currently-untaxed services), which would reduce the deficit but wouldn't directly address the sustainability concerns raised by the CTBA report.

Meanwhile, state and county lawmakers are engaged in a tug of war over whether to extend the county's soon-to-expire temporary caps on the growth of residential property taxes. The Chicago Tribune explains succinctly why such caps are bad policy.

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