In our last post we discussed The Frontrunner’s IRS scandal with the release of confidential information. Today we want to actually look at proposals to increase tax revenue that the IRS would be in charge of enforcing. We consider the argument on “fair” taxation, expanding the IRS, global minimum corporate taxes, and intangible drilling costs.
Jonah Goldberg at the Dispatch covers the scandal (our last post) and the weakness of the argument those rogues at Pro Publica try to make. Jonah properly calls shenanigans when they say:
“We compared how much in taxes the 25 richest Americans paid each year to how much Forbes estimated their wealth grew in that same time period,” they explain. “We’re going to call this their true tax rate.” [Emphasis added]
Check out his reasoning at the link above. It is a pretty good piece with no snark on The Donald. His answer is, in part, we don’t tax the growth in wealth and uses baseball cards as an example.
Sidebar One: The IRS actually uses unexplained increases in wealth in income tax fraud court cases. Al Capone went to prison for tax evasion. End Sidebar One.
Sidebar Two: Some measures of wealth like Amazon shares have an active market with reliable measurements. Many, like baseball cards or private companies, do not. Taxing wealth or changes in wealth as income is fraught with measurement problems that will cause friction. End Sidebar Two.
Our example of explaining the tax code is fringe benefits. Like many Americans, even in retirement, we have our health insurance (beyond Medicare) paid for by our (former) employer. It is clearly income but the federal government has decided to exempt it from tax. We haven’t run the numbers but if it was taxable it would be a sizable haul for the IRS and the federal government. Income taxes are largely cash basis because income taxes need to be paid in cash. Thus, gains in wealth are taxed when realized, i.e., when turned into cash. Taxing fringe benefits is a superior idea for fairness and lack of a cash problem.
So the kindest way to say it is Pro Publica is wrong to call the quantity federal income taxes divided by changes in wealth the true tax rate. It is a division of two unrelated numbers. The data provide zero evidence that the tax code is unfair. Oh, and we already have the Alternative Minimum Tax (AMT) for “fairness”. On the other hand, the failure to tax fringe benefits a way better argument of being unfair. Those that pay for insurance or medical care with after-tax dollars are getting a raw deal.
Next we move to The Frontrunner’s proposal to substantially increase the size of the IRS to increase tax revenue. Here is the summary from Red State:
President Biden’s budget proposal calls for increasing funding for the IRS by $80 billion, much of which would go toward hiring nearly 87,000 new workers over the next 10 years. If Congress adopts Biden’s plan, the size of the IRS would double, with its workforce increasing by about 15 percent every year.
Red State says that conservatives should be concerned about this plan. We think that all citizens should oppose it. The good news about The Frontrunner’s IRS scandal is it makes it clear that we can’t trust the IRS. That recognition should (!) eliminate any possibility of this passing. A much better idea would be to simplify the tax code so there are less conflicts between the IRS and taxpayers. We could start with eliminating corporate taxes. It is unlikely that anybody will propose a complete tax overhaul that will lead to a sensible tax code but we should try to move in that direction with each change.
The global minimum corporate tax is a particularly foolish idea that, in part, combats an even more foolish idea of digital taxation and unfortunately combats the good idea to reduce or eliminate corporate taxes. The Capital Note, NRO’s newsletter from Capital Matters has a tidy summary:
The big headline from this weekend’s meeting of G-7 financial ministers was an agreement to set a global minimum tax rate of 15 percent on corporations. But an equally consequential pillar of the deal pertains to the taxation of digital services.
Yes, you should read the whole thing, get the newsletter, and subscribe to the National Review. France had levied a three percent tax on gross revenues for large digital services companies. It is a much larger tax than it initially appears because it is on gross revenues rather than income before taxes. Income divided by revenue is quite high for some digital companies like Facebook but it would still amount to ten or more percent of Net Income. The deal is to tax digital profits rather than revenues and have a minimum tax on corporations. The best argument one can make is it might be less bad than the previous situation. As is usually true in taxation, bad ideas generate even worse ideas. We need to find ways to simplify the tax code to provide certainty to taxpayers and so we don’t need to expand the IRS.
Our last example is Bernie Sanders technical attack on oil and gas production. We say technical because it is about Intangible Drilling Costs (ITC)as explained by the Committee for a Responsible Federal Budget. Really. ITC are
[D]efined as costs related to drilling and necessary for the preparation of wells for production, but that have no salvageable value. These include costs for wages, fuel, supplies, repairs, survey work, and ground clearing.
It would make a good topic for a financial accounting income seminar but for taxes it is just about complexity and that means full employment for accountants. We may decide to dedicate another post to the subtle inaccuracies in the Committee’s post.
The argument is about timing. Everyone agrees that ITC should be deducted. Should they all be deducted immediately? Should they be amortized or deducted over a period of years or should failed wells be deducted immediately and successful wells be amortized over a period of years? We would vote for the third choice as being theoretically correct but the first choice as the most practical solution. Bernie wants the one that will hurt oil and gas production the most.
We would consider a compromise if Bernie wanted to end subsidies to many energy areas but he doesn’t. Don’t make the code more complex. Make it simple. Don’t make it a challenge to finance economic expansion. Make it easy. Bernie goes in the other direction.
So what should we learn from these four examples. The first thing is to simplify. That often means cash basis. Otherwise there is friction. Economic friction as businesses, lawyers, and accountants try to find the lowest tax solution. Then there is friction between the IRS and the businesses. The ITC proposal is an astonishingly bad idea economically but it is also a bad tax idea because of the friction. Any attempt to legislate “fairness” will cause friction just like the AMT already does. And of course, the intent of expanding the IRS is to cause friction.
The best solution for businesses is a zero corporate tax rate. For individuals there should be taxation of fringe benefits and fewer deductions. None of those things are going to happen soon or, probably, ever. So the second issue is: how and when to compromise? Here your milage can vary. What foolish idea will you support to get something good in the tax code? Would you support Bernie’s ITC in return for the elimination of subsidies to “alternative energy”? We wish tax reform was simple but it is not.