A Very Taxing System – Part 2

Back onto the subject of the US federal tax code.

As I mentioned previously, in 2005, the Bush Administration attempted something positive by creating the President’s Advisory Panel on Federal Tax Reform.  A great idea and a step in the right direction.  Here are excerpts from a list the panel developed describing in general terms the present inadequacies and complexities of the tax code at that time:

*Tax provisions favoring one activity over another or providing targeted tax benefits to a limited number of taxpayers create complexity and instability.

*The current tax system distorts the economic decisions of families and businesses.

*The complexity of our tax code breeds a perception of unfairness and creates opportunities for manipulation and the rules to reduce tax.  The profound lack of transparency means that individuals and businesses cannot easily understand their own tax obligations or be confident that others are paying their fair share.

*The tax system is both unstable and unpredictable.  Frequent changes in the tax code, which often add to or undo previous policies, as well as the enactment of temporary provisions, result in uncertainty for businesses and families. 

*The objectives of simplicity, fairness, and economic growth are interrelated and, at times, may be at odds with each other.  Policymakers routinely make choices among these competing objectives, and, in the end, simplification is almost always sacrificed.  Although these objectives are often in tension, meaningful reform can deliver a system that is simpler, fairer, and more growth-oriented than our existing code.

*We have lost sight of the fact that the fundamental purpose of our tax system is to raise revenues to fund government.

As far as I know, and certainly based on what I have seen on the IRS website and from my own federal taxes, little if any progress has been made towards reform.  And this reform report was issued several years ago.  No doubt that millions of taxpayer dollars were spent in the production of this very enlightening and telling report, and we can bet little or no action was taken from it.  Typical government waste and inaction.

But everyone in Washington, including our President, knows the tax code is a real problem that requires dealing with.  Here’s a February 2011 quote from President Obama on the subject: “Cutting annual spending alone won’t be enough to meet our long-term fiscal challenges…  If you’re really serious about the deficit – not just spending, but you’re serious about the deficit overall – then part of what you have to look at is unjustifiable spending through the tax code, through tax breaks that do not make us more competitive, do not create jobs here in the United States of America.”

Talk is cheap, of course, as it is with most politicians.  We’ll see whether the President has the fortitude to really take the issue seriously and try to push something through Congress.

Using another country’s system as an example, in Japan, except for those self-employed, most taxpayers are not even required to file a tax return.  They submit a few documents to their employers, who do some simple calculations comprising one or two pages and then submit the information to the tax authority.  Any refund or additional tax is adjusted in the employee’s December pay.  A person can submit documents to receive some tax deductions on a few items such as charitable contributions or life-insurance premiums, but that’s about the extent of it. 

Basically, most Japanese taxpayers are in the same boat and receive almost the exact same tax treatment, regardless of individual circumstances other than level of income.  Dividend and interest income and capital gains are taxed and paid at the source at the same rate for everyone, so these don’t even come into play at the time of year-end tax filing. 

As far as I can tell, there are few special interests at work when it comes to Japanese personal income taxes.  The system seems to me, although I am not an expert on the subject and could be incorrect, to be a model of efficiency and fairness and resources that are not lost.  What a concept!

I am certain that the majority of Americans would more than welcome a simpler tax code.  But I seriously doubt any meaningful reform will ever take place.  After all, it’s not about what the American people want and desperately need in this case; it’s about Congress and the multitude of special interests for which they ostensibly work.

Let me give you the perfect tax–related example of the incompetence of our elected friends in the legislative branch of our federal government.   

Did you know that in 2010 there was effectively no federal inheritance tax (aka the “death tax”) because all inheritances could be passed tax-free during that year?  That’s right – the tax rate was 0%!  In 2011, an actual exemption amount, of $5 million, was reinstated with a top tax rate of 35% on the remainder.  Where federal inheritance taxes will go from here is anyone’s guess, making it difficult or impossible for anyone to plan properly since no one knows what the future holds.

Going back to 2010, it was a very good year for your benefactor to die if you were expecting a sizeable inheritance.  Doesn’t it seem insane that death should be free one day (December 31) and possibly cost benefactors a bundle the next (January 1)?  But this is an example of the kind of lame-brain ideas that our Congress and, big surprise, the Bush Administration conjured up. 

The inheritance tax rate had been coming down for several years until it has reached the effective 2010 rate of 0%.   I don’t know all the details of the logic behind steadily increasing an exemption amount and reducing a tax rate over several years and then changing everything again at the stroke of a clock.  I don’t need to know because what I do know is that it was the result of a government action, or inaction, which is explanation enough. 

This entire scenario represents not only the questionable behavior of those representing us in government but also the unfairness of our tax system.  The inheritance tax itself exemplifies how our government uses every possible means to unfairly rob us of our hard-earned dollars.  Certainly, I am in no way against taxes in general, but I am certainly against them when they are blatantly unfair. 

Proponents of the death tax would say it is fair because the benefactors didn’t earn the money so why should they get to receive it free of tax.  Well, using the same logic, the government didn’t earn the money either or have any connection to it whatsoever, so why should they get a slice of the pie? 

Most of the money and other types of assets passed on during inheritance have already been taxed.  If the money were earned, it was taxed at the federal, state, and local levels.  If it were an investment, it was taxed on its growth when it was cashed.  If it were a house or some other type of real property, it was taxed year after year through property taxes.  You get the point. 

A lot of countries in the world, including one such as the socialist, tax-hungry state of Sweden, have done away with inheritance taxes, basically because they are considered grossly unfair.  Those countries are all staying in business as far as I know.

A Very Taxing System – Part 1

Well, enough about US foreign policy for a while and on to some pet peeves regarding domestic issues.  The first is our federal tax system (I’ll leave state tax systems out, though they are likely the same), which is worth a post or two on this blog. 

Let me start with an example of exactly what the problem happens to be:

On July 31, 2009, Representative Thaddeus McCotter of Michigan introduced in the House of Representatives the HAPPY Act as HR 3501.  HAPPY stands for Humanity and Pets Partnered Through the Years.  Representative McCotter would have liked taxpayers to be able to deduct $3,500 per year in pet-care expenses.  [We must infer here that Thaddeus personally owns a lot of pets, has a lot of family or friends who own pets, or is working hard for that pet-owner vote in the next election.  Otherwise, why would he introduce something so inane?  Personally, since I don’t have any pets, I’m more in favor of a deduction for plant-care expenses.]  

This act, which ultimately went nowhere, could potentially have cost billions of dollars of lost tax revenue and is a prime example of the ridiculous nature of the US tax code. 

The Internal Revenue Code runs more than 3 million words, and the instructions for the 1040 form take up over 100 pages.  It’s a small wonder that the majority of people either pay someone else to do their taxes or use tax software. 

Why is our tax system so complicated?  This is one more thing you can blame on Congress.  Legislators use the tax code not only for its assumed purpose of collecting revenue but also to encourage and reward specific activities. 

The revenue potentially lost through targeted tax subsidies like the HAPPY Act will soon reach $1 trillion per year.    Basically, these subsidies are the same as fiscal expenses, just under a different format.  They all work toward increasing the country’s debt. 

Now, I have no problem with reducing taxes (as long as there are equal reductions in expenditures), but the above represents the amazing complexity of the tax system and how much of it is designed to benefit, once again, special interest groups by targeting certain segments of the population.  Wouldn’t it be easier and fairer to just get rid of the deductions and credits and just lower tax rates so that each and every person enjoys the same benefit and does so without the insidious and constant attempts by our representatives in Congress to tailor the tax code to suit special interests?

There’s been a lot of push for reform, but it never seems to get anywhere.  Here’s a quote from a GOP aide, commenting on why reform never gains ground: “The major reason is that a lot of the complexity benefits various people. So you have a vast lobbying effort that depends on some of the various carve-outs that Congress was able to create and that they’re able to get inserted into legislation. Today, each one of those adds complexity to the system.”

And this has been going on for year and years, bringing us the mess we unpleasantly experience today.  You cannot blame the IRS; they simply enforce the rules handed to them by Congress.  Yes, I again repeat that Congress is responsible for today’s complex tax code, and they are the ones who will prevent any real reform.  It’s another example of how our country’s leaders, instead of making our lives better, make our lives harder and more complicated.

You have to deal with taxes each year, so you know how onerous of a task filing these taxes can be.  But to give you a better idea of the burden the tax system places on us as a group, read the following two statistics from a 2005 report to Congress from the General Accountability Office of the US government:

*Anywhere between $67 and $104 billion is spent on compliance costs each year by individual Americans to tally and pay federal income taxes.  This does not include the compliance costs to businesses of between $45-80 billion/year nor does it include any figures related to filing state taxes. 

*Turn those dollars into hours and you get a figure of 6.4 billion hours being spent annually by individuals, businesses, and non-profit organizations working on US Treasury forms.

Next time, I will continue on this subject and even give some credit to the former G.W. Bush administration for at least putting some effort into tax reform, although, as with many things attempted in Washington, it never went anywhere.