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Tariffs Really Are Destructive

In the WSJ this week, Phill Gramm and Don Boudreaux do an excellent job detailing the devastating effects Trump’s tariffs have had on the American economy. How can protectionists like Trump and his allies not understand that tariffs are destructive? A tariff is basically a tax on imports. It is championed as a means to boost domestic production and government revenue, but this is far from economic reality. Tariffs clearly and consistently hurt the consumer and taxpayer by driving costs up to everybody in amounts far in excess of any short term benefits.

Tariffs add to inflation and put American companies at a disadvantage because foreign countries can (and do) retaliate by putting their own tariffs on our exports. This slows manufacturing growth, increases prices, and makes the economy more sluggish. On the other hand, free trade creates better choices for consumers and more global opportunities for American companies, resulting in lower costs and an expanded job market.

To suggest a tariff is a pro-growth economic policy is utterly ridiculous. Tariffs don’t strengthen American manufacturers; they are cronyism of the highest order.  Protectionists are economically ignorant and tariffs have proven (yet again) to be disastrous for our economy.

The Clueless IRS Commissioner Should Be Fired

IRS Commissioner Danny Werfel published a letter yesterday in which he suggested that there may be racial bias in the selection of tax returns for audit. In fact, he stressed that, “while there is a need for further research, our initial findings support the conclusion that Black taxpayers may be audited at higher rates than would be expected given their share of the population.” This is far and away the most ridiculous nonsense to come out of the IRS in a while and Commissioner Werfel is either economically ignorant or intentionally misleading.

IRS audits have nothing to do about being black or white; even the IRS itself says they do not know the race of the taxpayer when selecting returns for audit and there is no place on a tax form to  denote race when submitting a return to the IRS. Therefore there can be no bias in the algorithm, which is a sophisticated analysis designed to show where taxpayer error occurs.

The problem Mr. Werfel apparently is alluding to relates to the Earned Income Tax Credit (EITC). Congress made the EITC calculations very complicated but also too easy to cheat. It is  simply the case that low income taxpayers claiming the EITC statistically have a large error rate, running upwards of 50% per year, which leaves the IRS no alternative but to inquire further via the audit process.  Furthermore, improper refunds involving EITC easily amount to billions each year. So those claiming the EITC are either making mistakes or are scamming the system.  But whichever it is, it is the EITC calculation on the tax returns of low-income people that triggers the algorithm, not race whatsoever. 

Commissioner Werfle is a moron. By even hinting that there is racial disparity in the audit system (that can’t even consider race a factor, mind you) shows a mind-boggling level of incompetence and stupidity.  How can a person this woefully inept be in charge of the IRS?

Biden’s Most Recent Scam

The Inflation Reduction Act of 2022 is a scam, and the very name insults the American populace. Our President, Joe Biden, was quoted saying, “Yesterday, I spoke with both Senator Schumer and Manchin and offered my support for a historic agreement to fight inflation and lower costs for American families. It’s called the Inflation Reduction Act of 2022.” Inflation is quickly approaching 10% the last time we’ve seen it this high was over 40 years ago, in the 1980s. The bitter irony is that the Biden administration knows what causes inflation, yet virtually nothing in the new law will make matters better. 

The claim is that the bill is “fighting inflation” because it reduces the deficit by $300 billion over ten years, which is 1% of GDP. But the deficit reduction doesn’t start until the fourth year, so for the next three years it makes inflation worse! 

And let’s look at the numbers. How could a $300 billion reduction in the deficit over ten years be a massive step forward in fighting inflation when the law passed last year increased the deficit by an estimated $1.7 trillion in one year? Utter nonsense.

The Inflation Reduction Act of 2022 is a spending bill, first and foremost, and a repackaging of the American Rescue Plan of 2021. Unfortunately, despite their best efforts, they could not disguise the stench; trash is funny like that. The main push in the bill is to encourage investment in renewable energies and allow Medicare to negotiate Rx drug prices. God forbid we cut the deficit by meaningful reductions in spending. 

Regardless of your feelings on energy consumption, it is undisputed that green energy is more expensive than traditional forms, evidenced by the fact that we pump billions every year into the industry via subsidies to keep it afloat. We know that the inflation we are experiencing is due to a surplus of money in the economy and demand exceeding supply. Yet, this administration’s solution is to put further pressure on supply via taxes and thereby disincentivizing production. Furthermore, increasing corporate tax rates will put additional pressure on supply; none of Biden’s plans make any sense. 

The Democrats claim that the bill will reduce the deficit by roughly $300 billion spread over ten years is meaningless. With government spending approaching $7 trillion in 2021 (with a $3 trillion deficit), and the two consecutive quarters of negative GDP growth (recession) we’re experiencing, the light at the end of the tunnel just got a lot further away.

IRS Audits Don’t Target the Poor

Mike Hiltzik’ s article, “Proof the IRS targets the poor for tax audits while leaving millionaires alone” is either economically ignorant or intentionally misleading. He asserts that the IRS disproportionately audits lower income households for some biased reason, but that is simply not the case. Hiltzik takes his data from a non-profit called TRAC which reviews IRS reports that are generated as part of an ongoing FOIA request.

Hiltzik ignores the fact that the IRS audits taxpayers based upon sophisticated analyses that tell them where the taxpayer errors are. It is simply the case that low income taxpayers claiming the complex earned income and other credits have a huge error rate – leaving the IRS no alternative but to go after them. He even complains that 82% of those audited claimed the Earned Income Tax Credit (EITC) – ignoring that error rates on these tax returns are around 50%, and  improper refunds involving EITC claims is more than $17 billion each year.  Hiltzik goes so far to state that “pursuing low-income taxpayers won’t do anything to close the tax gap,” nearly suggesting that low-income earners shouldn’t be audited at all – though anyone can see that the combination of erroneous credit claims, and the also quite common situation of people claiming low income because of work in the underground economy are significant contributors to the tax gap.

Even though higher-income tax returns would seem to have more money to go after, they are most often either 1) relatively straightforward, with full statutory tax rates being paid, or 2) complex requiring services of qualified tax professionals who are quite competent to see that the letter of the law is being followed. It’s egregious that Hiltzik claims, with no evidence whatsoever, “the rich keep more of the money they owe to the federal government.” He misconstrues this audit data as part of his screed against millionaires and billionaires by offering the tired old trope about them not paying their fair share; in reality, roughly 57% of U.S. households paid no federal income taxes for 2021. How is that actually fair?

Calculating the True Cost of Raising Revenue

It’s kind of disgusting that when Congress talks about raising tax revenue, all the CBO thinks about and includes in their analyses is gross revenue. They don’t think about the costs of what the IRS, agencies, businesses, and taxpayers need to do to implement the policies that were created in order to raise that revenue. Those costs should always be factored in the computation and subsequently deducted to arrive at net revenue raised..

What’s happening now is that the compliance costs are not being considered. Congress says, for instance, that something will raise “$50 billion dollars” but then ignores that the complications, regulation issuance costs, compliance and other implementation expenses that will arise may cost $30 billion. So only $20 billion is actually raised. These hidden but true costs have to be included and come out of the CBO revenue forecast if we are to craft realistic, equitable, and  efficient tax policy

The “Fair Share” Myth

Have you ever heard any progressive who claims that the wealthy are not paying their “fair share” actually say what fair share is? Neither have I. It is probably because the wealthy in the US already pay a far higher percentage of income taxes than in any other developed country. Therefore, anyone who says the wealthy are not paying their fair share is either being a hypocrite or lying.

However, there is a group that is  absolutely not paying their fair share. These are the vast number of the taxpayers who actually pay nothing. The Tax Policy Center’s newest report released in August 2021 found that in 2020, about 60.6 percent of households did not pay income tax, up from 43.6 percent of households in 2019; This closely mirrors the IRS preliminary estimate of 61.1 percent of households not paying income tax in 2020.  It should be noted that much of the 2020 increase was due to pandemic-related factors, but the growing share of households paying no income tax should be kept in mind when evaluating the progressivity of the federal income tax system and proposed tax hikes on higher earners. There is virtually no other developed country in the world where this is the case. 

This scenario reminds me of a true story from many years ago. When I was getting divorced, I was making about 75% of the money that my ex and I earned together. As part of our agreement, I asked her to pay 10% of the costs when our two kids went to college. At first she agreed; later on, however, she began to protest on the premise that if she got remarried and stopped working, she didn’t want to have to be responsible for having to pay the 10%! The fact that my ex had a responsibility to contribute toward college costs for her own children was totally lost on her. That’s what’s going on here. If the lower income earners don’t have any skin in the game, how can they be a responsible member of society? When they vote for new programs are they assuming that they have no obligation to pay any part of it?

The wealthy already pay a disproportionately high proportion of taxes. And yet Congress wants to fleece them more. They just assume that gullible taxpayers (I mean constituents) will just continue to vote for free stuff that others will pay for.

State Should Give Capital Gains Breaks

Capital gains are the profits realized from the sale of an asset and are included as part of  taxable income. A handful of states have favorable rates toward capital gains (or don’t tax them at all because they do not have an income tax). 

Other states tax capital gains as ordinary income. Among the most offensive states are NY, NJ, and CA. These states have concentrations of high income individuals and businesses who pay tax at high state tax rates. And they give no rate reduction for capital gains.Such tax policy discourages the sale of less productive assets and thereby reduces investment opportunities and economic growth.

 Furthermore, taxes on capital gains (just like dividends) are subject to double taxation. This means every dollar of capital gains taxed to an individual has already been taxed at the entity level. No other major country double taxes this income. And for states to not even give a rate break for this double-taxed income is as mean-spirited as it is egregious.

High capital gains taxes are inequitable, destructive, and detrimental to the economy. They should be lower, not higher. 

What Makes Good (Tax) Law

A good tax system is built on four principles: simplicity, transparency, neutrality, and stability. Serious minded professionals and statesmen have known and pushed for these principles for generations. These principles should be the basis for tax policies created by lawmakers so that our tax system is organized and understandable.

The first principle is simplicity. By this concept, both taxpayers and the IRS deserve to have policies and a system that makes tax compliance and tax enforcement easy and understandable. No one should be obligated to wade through a system that doesn’t make obvious sense.

 Next is transparency. A transparent system is one that clearly explains the tax in question, the steps needed to pay it, and the dates by which the tax is due. This should go without saying.

The third concept is neutrality. Neutrality means that no one industry is preferred over another nor any personal behavior given favor. Picking winners and losers in business or activities should not be the function of the tax system. 

Finally, stability is key. Consistent tax laws without sunsets or changes from year to year provide predictability and help promote long term planning for taxpayers. If a tax system is fair and equitable, taxpayers should be able to count on it and plan for it into the future, without worrying that politicking and partisanship will create an unfair trap.

I had a recent conversation with Congresswoman Claudia Tenney (NY) on these concepts.  At the end of our discussion she had a brilliant realization: that these four principles: simplicity, transparency, neutrality, and stability, not only make for a good tax system, but should be part of ANY legislation.  Imagine Congress using these concepts to form the basis of all policies when considering the content of legislation? 

More on Capital Gains

The concept of an American President (Biden) going after people making a lot of money displays an absolute lack of familiarity with how people get wealthy. As a CPA, I can attest to the fact that the most common way people accumulate massive wealth is either by a huge amount of hard work (creating a successful business) or selling an asset (an invention, real estate, etc).

Many people who file tax returns with large amounts of income, such as selling a business for $10 million, will have a multi-million capital gains amount. It’s not that the higher income earners have some sort of capital gains loophole, but it’s really that the wealthy have done something well to attain the American Dream. And when they do strike it rich through their effort, part of their wealth is treated as a capital gain and it gives those earners a chance to keep a large part of it. Knowing that there is a low capital gains rate is an extra incentive to work hard and be successful.

Many of my clients are wealthy, and I have experienced time and again that they will come to me and ask the question: if they are successful, can they keep the majority of their money?” This is because they know that the government wants to take more from the highest income earners who have proven their success, while at the same time, the government is quite happy to let them lose on their own on their particular endeavor.

Most in the top echelon get there from a one-time income-producing significant event. To punish such success by imposing a massively high capital gains tax only serves to drive a deeper wedge between the have- and have-nots in an attempt to level the economic playing field. Biden would do well to maintain the lower the capital gains rate and restore a sense of trust with those who work hard, contribute to the economy, and attain the American Dream.

Biden’s Ignorance About Capital Gains

When Biden was a candidate, one of his proposals was to raise the capital gains tax (which also applies to dividends) to 39.6%. When I wrote about it at the time, it sounded completely outrageous that any serious candidate for President of the United States would willfully consider implementing such a devastating levy. We had already experienced the negative effects of Obama’s 23.8% tax on capital gains which contributed to the sluggish economic recovery during the Obama administration, and his Vice President now wanted to raise the capital gains rate even higher?

Unfortunately, Biden’s plan has been introduced and may be coming to fruition. This week he indeed announced a new 39.6% capital gains rate (43.4% including the Obamacare add-on), which nearly doubles the current effective rate of 20% (23.8% including the Obamacare add-on). 

Yet that’s not the worst of it. Some states with a large concentration of wealthy people and high performing businesses, such as California and New York have recently raised taxes, so taxpayers in those localities will pay much more. The absolute worst area would be NYC; after factoring in local taxes as well as the recent state tax increase, high income earners would face a rate of 57%!

Remember, Economics 1a teaches that when you tax something you get less of it. Taxing investments this way guarantees that investment – economic growth and GDP –  will decrease.

Furthermore, this increase is outrageous as a matter of equity and fairness. Taxation of dividends and capital gains is a second tax on the same income – having already been taxed at the corporate level. No other major country double taxes this income. That is the reason dividends and capital gains are taxed at a lower level now – and they should be reduced, not doubled.

Furthermore, raising taxes on capital gains does nothing to raise revenue. Because people have discretion as to whether or when to sell assets, higher capital gains rates invariably lead to lower tax collections! Furthermore, it discourages the sale of less productive assets thereby reducing  investment opportunities and economic growth. Even President Obama acknowledged that  higher capital gains taxes won’t raise revenue – he was forced to admit that his irrational, hypocritical and wrongheaded rationale was to promote “fairness”!

A massive capital gains tax such as the one proposed by Biden will be inequitable, destructive, and clearly detrimental to our economy and the very people Biden states he is intending to help.