The Tax Policy Blog

 
 
March 14, 2013

On Tuesday, the Missouri Senate approved SB 26 by a 23-11 vote. The bill would phase in reductions of the state’s income and corporate taxes while raising the sales tax by half a point:

Income Bracket

Current Tax System (2013)

Proposed (2014)

Proposed (2015)

Proposed (2016)

Proposed (2017)

Proposed (2018)

>$0

1.5%

1.5%

1.5%

1.5%

1.5%

1.5%

>$1,000

2.0%

2.0%

2.0%

2.0%

2.0%

2.0%

>$2,000

2.5%

2.5%

2.5%

2.5%

2.5%

2.5%

>$3,000

3.0%

3.0%

3.0%

3.0%

3.0%

3.0%

>$4,000

3.5%

3.5%

3.5%

3.5%

3.5%

3.5%

>$5,000

4.0%

4.0%

4.0%

4.0%

4.0%

4.0%

>$6,000

4.5%

4.5%

4.5%

4.5%

4.5%

4.5%

>$7,000

5.0%

5.0%

5.0%

5.0%

5.0%

5.0%

>$8,000

5.5%

5.5%

5.5%

5.5%

See below

See below

Top Bracket

6.0%
>$9,000

5.85%

>$8,700

5.7%

>$8,400

5.55%

>$8,100

5.4%

>$7,900

5.25%

>$7,600

 

Income Bracket

Current Tax System (2013)

Proposed (2014)

Proposed (2015)

Proposed (2016)

Proposed (2017)

Proposed (2018)

Sales Tax Rate

4.225%

4.325%

4.425%

4.525%

4.625%

4.725%

Corporate Income Tax Rate

6.25%

6.1%

5.95%

5.8%

5.65%

5.5%

 

If the Marketplace Fairness Act or similar legislation becomes federal law, the top income tax rate and the corporate tax rate will both fall a further 0.25 percentage points.

Missouri’s rather absurd income tax brackets – stepping up in $1,000 increments to top out at $9,000 – are a relic of 1931, when $9,000 was a lot of money (equivalent to around $136,000 today). Missouri might be better off junking everything but that top rate, since most taxpayers are probably in the top bracket anyway. The bill instead creates a new 50 percent income tax deduction for business income, a problematic trend started in neighboring Kansas.

The state’s sales tax rate is currently 4.225 percent, comprised of 3 percent for the general fund, 1 percent for education, 0.125 percent for conservation, and 0.1 percent for parks and soils. Local sales taxes average an additional 3.23 percent for a combined average of 7.46 percent. The 8.925 percent combined sales tax rate in St. Louis would rise to 9.425 percent in 2018 under this bill.

The legislation also centralizes sales tax administration, collection, enforcement, and operation with the state – a key reform for Missouri, where many of those functions currently rest with local sales tax authorities. The state’s list of local sales tax rates runs 53 pages, so there’s a lot of them.

Altogether, the Joint Legislative Research Committee estimates the bill would reduce revenue by about $477 million annually when fully implemented. Governor Jay Nixon (D) has criticized the bill but has not yet threatened a veto.

March 13, 2013

Rep. Luke Messer’s bill, H.R. 668, that would require the president’s annual budget to include the projected cost of deficits per taxpayer passed the house last week. The bill would require a dollar cost per taxpayer, using individuals who file tax returns as the measure. For fun, we’ll look at the cost per person (every man, woman and child), per tax return, and per taxable tax return.

Using historical data and the most recent CBO Budget and Economic Outlook, we’ll take a look what that number would look like in future years, the additional amount Americans would have had to pay in taxes to cover the deficit at current spending levels, and how the deficit has changed over time.

First, a little history: as a percentage of GDP, the graph below shows that with the exception of World War I and II and the Great Depression, the United States’ deficit hovered around 0%, switching between surplus and deficit, until about 1970. From 1971 on, the U.S. experienced an average deficit as a percentage of GDP of 3.1%. Since 2001, our last year of surplus, our average deficit as a percentage of GDP has been 4.7%, with an average of 8.7% over the last four years.

In 2009, the United States’ deficit was 10.1% of GDP. In other words, this means that every American would have had to pay an additional 10.1% of their salary to cover the cost of government - the highest percentage of the average salary in America since 1945 when the deficit was 21.5% of GDP. Over the CBO’s current budget window (2013-2023), we see that ratio drop down to 2.4% in 2017 before it increases each year from 2018 to 2022.

In dollar terms – which the bill uses – the picture looks similar. From 1998 to 2001, the federal government experienced four years of surplus, but from 2002 through the end of the 2023, every year is projected to be in the red (as shown in the Deficit/Surplus Per Person graph below).

When we break this down by cost per person, the greatest the deficit reached was $4,605 per person in 2009. Over the CBO’s current budget window, the deficit would be cut to $1,338 per person in 2015 before increases every year until it reaches $2,864 per person in 2023. 

This means to cover the deficit for 2013, every person counted (projected) in the census would need to pay an additional $2,670 a year. If we only consider those who are liable to pay taxes (i.e. exclude nonpayers), every person with a taxable income tax return would need to pay an addition $8,748.03 in federal income taxes to cover the deficit.

By 2023, the tax increase needed to cover the projected levels of spending is projected as $2,864.37 per person, $5,904.43 per tax return, or $9112.17 per taxable tax return. All three comparisons, over the budget window, are shown in the graph below.

Notes: Population projections taken from U.S. Census. Budget and GDP projections taken from CBO and the Office of Budget and Management. Tax Return data taken from IRS. Methodology on tax returns and taxable tax return projections: For total tax return, the projections are a linear extrapolation based available data of total tax returns (1995-2010). For taxable tax return projection, the percent of taxable tax returns compared to total tax returns was taken from 2003 to 2010. The year 2003 is chosen as start year to reflect tax changes beginning in 2003, the majority of which remain in place through the present day. 

March 12, 2013

While Nevada legislators consider mimicking the Texas margin tax, no less than 99 bills are under consideration in Texas to modify or repeal the tax. Most relate to credits, exemptions, and other carve-outs, but others permanently increase the exemption level or alter the constitutional requirements for raising rates. Five bills call for the phase-out or direct repeal of the tax. Because of the way tax overhaul’s design shifted the burden of the tax from certain entities to others, the tax has mixed reviews among the business community. A few companies have attempted to challenge the constitutionality of the tax, and there’s even a petition for its repeal.

We’ve criticized this particular Texas tax a few times (here and here), despite the state’s merits in other areas of taxation. There are two compelling economic reasons why this is a poorly-designed tax. First, it’s complicated to calculate and drains economic resources due to high compliance and administrative costs. Second, it isn’t neutral, treating certain business types, industries, and operations differently. Both of these lead to economic distortions that would not be present in the absence of such a tax.

Overly complicated tax calculations create compliance and administrative costs that are a loss to society. The calculation of a business’s margin tax liability is far from simple. Businesses subject to the tax must choose one of three bases. The definitions used in determining these tax bases are statutorily defined and different from definitions set by the federal government. Since calculations are so complicated, compliance and administrative costs are high. In a 2010 interim report of the House Committee on Ways and Means, one taxpayer, represented by the National Federation of Independent Business (NFIB), reported an increase from $400 to $2,500 in compliance costs after the margin tax was implemented. Economic resources wasted on complying with a complicated tax could be utilized more efficiently elsewhere in the economy. Further, when a tax treats different activities differently, it implicitly favors certain practices and operations over others. This generates economic distortions that would not be present in the absence of the tax. The less economic decisions that are created due to a tax, the better.

Taxes should be neutral, and the margin tax favors certain industries, practices, and business types by design. The margin tax isn’t neutral for a variety of reasons. First of all, there are two separate rates—0.5 percent for businesses “primarily engaged in wholesale or retail trade” and 1.0 percent for everyone else. Businesses with sufficiently low revenues have another separate rate. Second, it isn’t horizontally equitable, meaning that businesses that are similarly situated don’t face the same liability. For example, as described by the Texas Taxpayers and Research Association (TTARA):

[T]he retail outlet of a manufacturer may be taxed at one percent because the combined group of companies may be classified as a manufacturer. In contrast, an independently-owned retail store is classified as a retailer and pays a half percent tax rate…A company that hires its own employees may deduct salaries as compensation; however, a company engaged in the same line of business that chooses to use independent contractors to conduct its operations may not. Companies in the business of renting equipment may not deduct the cost of their equipment as cost of goods sold, while companies that sell that same equipment may. As a retailer, the company selling equipment will also qualify for a lower tax rate, while the rental company will not because they are considered to be engaged in providing services.            

(Note that these observations are based on the law as of October 2011.) The tax treats businesses differently based on the industry in which they operate, how they are organized, and on minute operating and organizational details. Again, this implicitly favors certain activities over others—something the tax code shouldn’t do.

Back to Square One. Unfortunately, Texas is right back where it began. Last month, the school financing system was again deemed unconstitutional by the same District Judge that ruled on the system in 2005. (This had been the impetus for enacting the tax in the first place.) The decision will likely be appealed to the Texas Supreme Court, which could result in more than a year of additional litigation time. In the meantime, perhaps this will provide the needed impetus for Texas to find a more efficient way to fund state operations, rather than relying on a tax that is complicated and confusing, generates wasteful costs, and creates economic distortions. 

March 12, 2013

Every speech I give, every panel I’m on, every trends piece I write nowadays includes my prediction that federal aid to the states will drop in future decades. Many people—including many state legislators—are astonished to learn that states rely on federal aid for about one-third of their budgets. (See state-by-state here.) As the feds start looking around for deficit reduction opportunities, I see aid to the states as easily on the chopping block. I try not to run from my past failed predictions, so we’ll all see if I’m right or wrong in a few years.

However, this remains a prediction about the future, as evidenced by new information put out (PDF) by Federal Funds Information for States (FFIS) and forwarded by the National Conference of State Legislatures (NCSL).

FFIS estimates that pre-sequester, federal aid to states in Fiscal Year 2013 would have totaled $607.2 billion, a 2.5 percent increase over the $592.3 billion in 2012. The March sequester “cuts,” fully in effect, would pare that back to $601.2 billion, a 1.5 percent increase over 2012. So it’s not so much “cuts” as a less generous increase.*

Table: Federal Aid to States

Year

Amount

Change from 2012

FY 2012 Actual

$592,306,548,000

 

FY 2013 Estimated (pre-sequester)

$607,252,257,000

+2.5%

FY 2013 Estimated (post-sequester)

$601,166,608,000

+1.5%

Note: Includes both March 1 sequester (reductions due to the “Supercommittee’s” failure to achieve $1.2 trillion in deficit reduction) and the March 27 sequester (reductions due to Congress exceeding FY 2013 spending caps).

Source: FFIS; NCSL.

Apparently NCSL’s executive director didn’t get the memo, as he penned an op-ed today decrying the sequester cuts and calling for higher state taxes “to help ease the burden.” I'm not sure whose burden he's talking about.

*Note: Nine states actually will see a drop in federal aid due to the sequester, primarily because their increase over 2012 had been planned to be so low and the sequester pushes it negative: Illinois, Kentucky, Minnesota, New Mexico, North Dakota, South Carolina, South Dakota, Washington, and Wyoming, as well as the District of Columbia, Guam, the Northern Mariana Islands, and the Virgin Islands. Six states were seeing a cut in federal funds anyway: Connecticut, Indiana, Louisiana, Maine, Massachusetts, and Missouri, as well as American Samoa.

March 11, 2013

Tax Foundation Vice President for Legal and State Projects Joseph Henchman returned to C-SPAN's Washington Journal on Sunday to discuss the states with the highest and lowest tax burdens.

March 08, 2013

In recognition of International Women’s Day, we would like to honor the contributions that women have made to the advancement of economics and taxation theory and policy. Although many women have facilitated progress in our understanding of economics and taxation, as the first (and only) woman to receive the Nobel Prize in Economics, Elinor Ostrom’s contributions and work provides an excellent example of the critical role women have played in the field. Her work on governance issues continues to be highly relevant as these are addressed in national, state, and local debates.

Dr. Ostrom’s work on common-pool resource problems and her models on public goods and public choice have provided insight for a wide variety of topics including budget appropriations and taxation. For example, budget allocation in academic research has often been described as a budgetary commons. A discrepancy between the perceived and actual costs of a budgetary outlay occurs because participants internalize the full benefit of the outlay, but costs are dispersed through taxation to the whole public. Thus, some claim that a tragedy of a commons results. Ostrom’s work focusing on natural common-pool resources cautioned against this oversimplification because it often results in inappropriate policy enactment. Therefore, she described a variety of factors that distinguish the complex and multiple problems or dilemmas facing common-pool issues like taxation and appropriations.

Finally, her studies of self-governing common resource pools find that characteristics that foster their success include a long time horizon, a lower discount rate, a stable membership, accurate information regarding the resource’s condition, correct projections of future benefits and cost, and consideration of local conditions or norms.

Ostrom’s contributions to our understanding of common-pool resources will continue to facilitate policy making to ensure that appropriate policy prescriptions are enacted by policy makers regarding inlays and outlays of governing bodies and has laid the foundation for many more women economists to influence and change how we perceive economic problems in the future.

At the Tax Foundation, we have been grateful for the contributions of many pioneering women in the fields of economics and tax policy from under our own roof. In the early 1940s, we were joined by several women, including Jo McBay, senior researcher, Phoebe C. Main, junior researcher, and Mary Fernholz, statistician. Since that time, we have strived to ensure that women are not only adequately represented in our field, but also respected in our field. From Elsie Watters’ unparalleled study of unemployment insurance systems in the 1980s to Elizabeth Malm’s current stewardship of our Annual State-Local Tax Burden Rankings and her news-making work debunking bad state tax policy proposals, women have made an indelible mark on our work.

We are pleased on this day, and every day, to honor these path-blazing, brilliant women who continue to demonstrate to the world that, to paraphrase President Obama’s proclamation, no wall or ceiling will keep our daughters, our sisters, our mothers from their dreams.

March 08, 2013

We're honored this week to have Nina Olson, head of the IRS' Taxpayer Advocate Service, back as a guest on the Tax Policy Podcast. Ms. Olson has been generous enough to have been our guest on multiple occasions, and we greatly appreciate her taking time to talk with us again about her most recent report to Congress. As in previous years, she scores tax complexity as the number one problem affecting taxpayers at the federal level.

The existing tax code makes compliance difficult, requiring taxpayers to devote excessive time to preparing and filing their returns, and leaving many unaware how their taxes are computed and even what rate of tax they pay. It enables sophisticated taxpayers to reduce their tax liabilities and provides criminals with opportunities to commit tax fraud; and by creating an impression that many taxpayers are not compliant, it undermines trust in the system and reduces the incentive that honest taxpayers feel to comply.

Her report takes on many other problems, however, including identity theft, agency funding, and return preparer fraud. Listen in to hear which part of the tax code she considers "an abomination" that should be abolished. LISTEN HERE!

March 07, 2013

The IRS just released preliminary data on tax year 2011, showing total returns filed increased to 145.6 million from 142.9 million in 2010.  Taxable returns, those who paid taxes, increased to 91.8 million from 84.5 million in 2010.  That means in 2011 about 63.1 percent of tax filers owed federal income tax, or oppositely, 36.9 percent were nonpayers.

While these numbers are returning to historic norms, as the economy recovers, taxable returns continue to be about where they were in the late 1980s and 1990s (see the chart below).  This is mainly because of successive expansions of refundable tax credits, such as the earned income tax credit and child credit, which have knocked millions from the tax rolls.

The fact that the number of people actually paying federal income tax has been flat for about 20 years, while federal spending has skyrocketed, explains much of our current fiscal predicament.

Follow William McBride on Twitter @EconoWill 

March 06, 2013

President Obama and others have pointed to carried interest as one specific “loophole” that should be eliminated, with Lynn Forester de Rothschild calling it a “costly and unjust perk for financiers.”  Steve Judge, writing in the New York Times, disagrees:  

Carried interest, therefore, is the profits share on the sale of a capital asset and not “ordinary income” as some would have it treated. In other words, it is a capital gain within a partnership and is rightfully taxed at the long-term capital gains rate — provided that the asset, or company, is held for more than one year.

The aristocratic argument presented by Ms. de Rothschild and others that capital gains treatment should only be available to those with money to invest would advance a policy that puts a higher value on financial contributions than vision, hard work and other forms of “sweat equity.”

The underlying principle is no different than two friends who partner together to purchase a restaurant. One might bring capital and the other brings expertise. The restaurant could be in disrepair or a great concept that needs additional capital to expand. The chef identifies the restaurant to buy and possesses the skills to manage the restaurant and add value to the enterprise over time. The friend has the capital to invest, but doesn’t possess the operational or investment skills to generate a return.

When they sell the restaurant years later, both partners receive capital gains treatment on their long-term investment. A private equity partnership works in the same way. This is Partnership Law 101.

The capital gains rate exists to provide incentive for investment partnerships to take risks, invest hundreds of billions of dollars of capital into new and existing businesses and contribute operational expertise to improve these businesses over time.

The Joint Committee on Taxation, a nonpartisan committee of Congress, has pegged the additional revenue from carried interest at just $16.85 billion over 10 years. The joint committee estimate even includes the controversial enterprise value provision, which experts believe constitutes two-thirds of the total revenue assumption.

Permanent tax increases on private equity, venture capital and real estate in exchange for a short-term spending patch does not come close to solving our country’s fiscal situation. Policy makers should reject calls to eliminate this incentive for long-term economic growth in exchange for 3.1 hours of federal government operations.

Follow William McBride on Twitter @EconoWill

March 05, 2013

This week's map shows the state sales tax rate, plus the average local rate, for each state in the U.S, as of the beginning of this year.  Tennessee has the highest average combined rate at 9.44%; at the other end are states with no sales tax: Delaware, Montana, New Hampshire, and Oregon.

Click on the map to enlarge it.

View previous maps here.

March 05, 2013

The trillion dollars in tax increases from the Affordable Care Act have the potential to hinder small business and investment, and further set back a struggling economy.

The Joint Committee on Taxation recently released a 96 page report on the tax provisions associated with Affordable Care Act. The report describes the 21 tax increases included in Obamacare, totaling $1.058 trillion – a steep increase from initial assessment. The summer 2012 estimate is nearly twice the $569 billion estimate produced at the time of the passage of the law in March 2010.

Last summer, the House Ways and Means Committee detailed the breakdown of each tax provision in a chart, which we reproduced here.

 

Provision 

March 2010 Estimate, 2010-2019, $US billion

June/July 2012 Re-Estimate, 2013-2022, $US billion

Additional 0.9 percent payroll tax on wages and self-employment income and new 3.8 percent tax on dividends, capital gains, and other investment income for taxpayers earning over $200,000 (singles) / $250,000 (married)

210.2

317.7

“Cadillac tax” on high-cost plans *

32

111

Employer mandate *

52

106

Annual tax on health insurance providers *

60.1

101.7

Individual mandate *

17

55

Annual tax on drug manufacturers/importers *

27

34.2

2.3 percent excise tax on medical device manufacturers/importers* 

20

29.1

Limit FSAs in cafeteria plans *

13

24

Raise 7.5 percent AGI floor on medical expense deduction to 10 percent *

15.2

18.7

Deny eligibility of “black liquor” for cellulosic biofuel producer credit 

23.6

15.5

Codify economic substance doctrine

4.5

5.3

Increase penalty for nonqualified HSA distributions *

1.4

4.5

Impose limitations on the use of HSAs, FSAs, HRAs, and Archer MSAs to purchase over-the-counter medicines *

5.0 

4

Impose fee on insured and self-insured health plans; patient-centered outcomes research trust fund *

2.6

3.8

Eliminate deduction for expenses allocable to Medicare Part D subsidy

4.5

3.1

Impose 10 percent tax on tanning services *

2.7

1.5

Limit deduction for compensation to officers, employees, directors, and service providers of certain health insurance providers

0.6 

0.8

Modify section 833 treatment of certain health organizations

0.4

0.4

Other Revenue Effects

60.3

222**

Additional requirements for section 501(c)(3) hospitals

Negligible

Negligible

Employer W-2 reporting of value of health benefits

Negligible

Negligible

Total Gross Tax Increase:

569.2

1,058.3

* Provision targets households earning less than $250,000.

** Includes CBO’s $216.0 billion estimate for “Associated Effects of Coverage Provisions on Tax Revenues” and $6.0 billion within CBO’s “Other Revenue Provisions” category that is not otherwise accounted for in the CBO or JCT estimates.

Source: Joint Committee on Taxation Estimates, prepared by Ways and Means Committee Staff

 

These new taxes will hit small businesses hard. Owners of small businesses will face a tax increase on self-employment income and the employer mandate will pose huge challenges to many small businesses. Businesses that work with small profit margins and have workers with relatively low wages may have to close up shop. Businesses that are able to comply will be forced to reduce worker wages and raise prices on customers.

The cost of compliance is another ding on the budgets of small business, large business, medical providers and individuals. The Obamacare Burden Tracker pegs the total cost of compliance at 127.6 million hours. That’s 127.6 million hours of productive work the U.S. economy loses to complexity. 

Add the complexity and the cost to small businesses to the investment tax increase in the ACA, and the tax provisions in the law could do some real damage to economy. Following the fiscal cliff tax increases and the additional 3.8 percent investment tax from the ACA, the U.S. now has a combined state and federal capital gains rate of 28 percent, up from 19 percent in 2012. High investment tax rates discourages the free flow of capital and damages long-term economic growth.

The economic effects of the increases in investment taxes from the ACA won’t necessarily be felt immediately, but will harm future development. Less capital will lead to less future productivity, which will lead to lower future wages.

But small businesses and individuals will feel the other effects of the tax increases in the ACA much sooner, as businesses learn to comply with the law and all its provisions over the next couple years.

March 05, 2013

On February 28, South Dakota Gov. Dennis Daugaard (R) signed legislation withdrawing his state from the Multistate Tax Commission (MTC). South Dakota's move follows similar legislation signed by California Gov. Jerry Brown (D) on June 28 (S.B. 1015), and precedes a bill (S.B. 247) rapidly advancing through the Utah Legislature to do the same.

What is the MTC and why are some of their state members starting to race for the exits?

The MTC was founded in 1967 as part of the Multistate Tax Compact. It was created after Congress became irritated at the utter mess of conflicting and complex rules for interstate business taxation, and threatened to impose a modest basic framework: one standard apportionment formula that all states had to use in divvying up corporate profits for taxation. Fearful that this was the camel's nose into the tent, states set up the MTC to hammer out a self-enforcing rule on their own without Congress's interference.

But not for long: today, as the MTC itself admits, “39 of the 47 states with a corporate income tax” have abandoned this original uniform formula. States, pressured by in-state businesses, have modified their tax rules to measure taxes owed by sales in a state rather than property oremployees, as had been done in the past. Despite eager MTC efforts to draft model legislation and set up working committees on important state tax issues--controversial as the MTC's voting membership consists only of state tax officials--state tax systems have continued to move further and further away from tax base and regulatory uniformity.

That may mean the MTC isn't effective at its mission, but that isn't usually enough reason for states to start leaving. That came about after one company dusted off its copy of the MTC compact and found that it gives taxpayers in MTC member states the option to use the old uniform apportionment formula rather than whatever formula might be in state law. California is an MTC member state, and the Gillette Company says it wants to use that old uniform formula even though it’s not authorized by state law. The courts agreed with Gillette, and to prevent other companies from invoking the provision, California left.

MTC's brief in the case did a disservice to its important mission, contorting itself to downplay the importance of uniformity and the relevance of language in its own founding document. The brief dangerously argued that compacts need not be adhered to by states in full, provoking other multistate compacts to warn that states do not have the power to unilaterally change the terms of a compact. The MTC has also gotten into a war of letters with the National Conference of State Legislatures (NCSL), which is critical of the insular nature of MTC decision-making.

Whether the MTC changes itself to survive or dies out (a two-day meeting later this month will consider watering down uniformity requirements in the Compact), some effort to bring about simplification and uniformity is essential. State tax officials are unlikely to lead such an effort, because despite any lip service to the concept, they shirk from it whenever it means actual changes to how a state does things. With state tax officials clamoring for more authority to tax interstate business income and sales, Congressionally-mandated simplification efforts (and not just vague state-enforced promises of uniformity) need to be a part of the mix.

March 05, 2013

In late January, the Nevada Supreme Court ruled that a ballot initiative to implement a "margin tax" in the state could proceed to the 2014 ballot. However, the Legislature is empowered to tackle the topic in the first 40 days of its session. Three things could happen:

  • The Legislature takes no action. In this case, the initiative will then appeal on the November 2014 ballot.
  • The Legislature recommends a counterproposal. In this case, the initiative and possibly the counterproposal will appear on the November 2014 ballot.
  • The Legislature passes the initiative as received. This requires a two-thirds vote.

Today, legislators hold a hearing on the proposal, which is patterned after the "margin tax" problematically implemented in Texas. The Nevada tax would be a 2 percent rate, however, compared to the Texas 1 percent tax.

We evaluated Texas's experience with the margin tax here. Highlights:

  • The tax is structured with a fair amount of complexity:
    • Business taxpayers choose one of three tax bases: (1) total revenue minus "cost of goods sold"; (2) total revenue minus wages and benefits; or (3) 70% of total revenue
    • "Cost of Goods Sold" has been a key sticking definitional point, with the following items currently excluded: services, selling costs, distribution costs, advertising, taxes, and compensation.
    • Tax rate is 1 percent, with a special rate of 0.5 percent for wholesalers and retailers. This unequal rate has been unsuccessfully challenged in court, and previews the myriad rates that states with gross receipts taxes inevitably adopt (see reference to Washington here).
    • Businesses with less than $1 million liability are exempt. The exemption was intended to be sharply reduced but this has been postponed.
    • Taxable entities with less than $10 million can instead elect top pay 0.575% of total revenue.
    • Tax is owed on the Texas-apportioned share of combined reported profits from all related business entities.
  • Revenue has fallen far short of predictions, creating budget problems.
  • While designed to apply to more businesses than the corporate income tax, the adoption of exclusions and preferential rates has led to a very inequitable system.
  • The evolving state definition of "cost of goods sold" differs from federal rules, creating complexity, uncertainty, and confusion.
  • Designed to be a simple tax, it in fact has all of the most complex features of corporate income taxes: apportionment formulas, decoupling from federal rules, combined reporting, different rates for different businesses, and political efforts to obtain preferential tax rates.
  • There is a strong effort in Texas to modify or repeal the tax.
  • Public finance expert Professor John Mikesell has described the margin tax as a "badly designed business profits tax...combin[ing] all the problems of minimum income taxation in general—excess compliance and administrative cost, penalization of the unsuccessful business, undesirable incentive impacts, doubtful equity basis—with those of taxation according to gross receipts."

Click here to download a PDF of the 56-page Nevada proposal.

March 04, 2013

The sequester saga revealed a lot about how political rhetoric can get detached from reality.  Unfortunately, the sequester is just the beginning of what is likely to be a long and drawn out debate about how best to reduce deficits and debt while growing the economy.  To bring the most recent evidence to bear, today we released Economic Effects of the Sequester and the Proposed Alternatives: What is the Evidence on Spending and Economic Growth?   There are three main conclusions:

1)      The sequester will likely reduce economic growth in the short run, but much less than most are predicting, including the CBO.  The best estimates indicate the sequester will shave about 0.3 percentage points off GDP growth this year, but the economy will quickly recover and within two years will begin to show the positive effects of deficit reduction and a more efficient allocation of resources.

2)      However, even this modest short run pain could be reduced or avoided by broadening the spending cuts to include mandatory spending, such as Social Security, Medicare, and Medicaid.  These long run drivers of spending and debt are simply unsustainable and without reform will continue to take over a larger and larger share of the budget (see chart below).

3)      The worst option of all, according to a huge preponderance of evidence, is to replace the sequester spending cuts with higher income taxes. 

Follow William McBride on Twitter @EconoWill

March 04, 2013

Watch the video of the Tax Policy Center event "States in Flux: State Tax Reform, the ACA, and Sequestration."


Video streaming by Ustream

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