Tag Archives: corporate taxes

Joe Biden’s Fat Cooked-Goose Tax Plan

03 Saturday Apr 2021

Posted by in Fiscal policy, Taxes

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I recently wrote on this blog about the damaging impact of corporate taxes on workers, consumers, and U.S. competitiveness. Phil Kerpen tweeted the chart above showing the dramatic reduction in the distribution of corporate tax rates across the world from 1980 through 2020. Yes, yes, Joe Biden’s posture as a fair and sensible leader aside, most countries place great emphasis on their treatment of business income and their standing relative to trading partners.

Kerpen’s tweet was a response to this tweet by economist Justin Wolfers:

Apparently, Wolfers wishes to emphasize that Biden’s plan, which raises the statutory corporate rate from 21% to 28%, does not take the rate up to the level of the pre-Trump era. Fair enough, but compare Wolfers’ chart with Kerpen’s (from the Tax Foundation) and note that it would still put the U.S. in the upper part of the international distribution without even considering the increment from state corporate tax rates. Also note that the U.S. was near the top of the distribution in 1980, 2000, and 2010. In fact, the U.S. had the fourth highest corporate tax rate in the world in 2017, before Trump’s tax package took effect. Perhaps Biden’s proposed rate won’t be the fourth highest in the world, but it will certainly worsen incentives for domestic U.S. investment, the outlook for wage growth, and consumer prices.

And in the same thread, Wolfers said this:

That’s certainly true, but let’s talk about those “loopholes”. First, much of U.S. corporate income is “passed though” to the returns of individual owners, so corporate taxes understate the true rate of tax paid on corporate income. Let’s also remember that the corporate tax represents a double taxation of income, and as a matter of tax efficiency it would be beneficial to consolidate these taxes on individual returns.

Beyond those consideration, the repeal of any corporate tax deduction or credit would have its own set of pros and cons. As long as there is a separate tax on corporate income, there is an economic rationale for most so-called “loopholes”. Does Wolfers refer to research and development tax credits? Maybe he means deductions on certain forms of compensation, though it’s hard to rationalize treating any form of employee compensation as income taxable to the business. Then there are the massive tax subsidies extended for investments in renewable energy. Well, good for Wolfers if that last one is his gripe! The CARES Act of 2020 allowed publicly-traded companies to use losses in 2020( presumably induced by the pandemic) to offset income in prior years, rather than carrying them forward. Did Wolfers believe that to be inappropriate? I might object to that too, to the extent that the measure allows declining firms to use COVID to cloak inefficiencies. Does he mean the offshoring of income to avoid U.S. corporate taxes? Might that be related to relative tax rates?

In any case, Wolfers can’t possibly imagine that the U.S. is the only country allowing a variety of expenses to be deducted against corporate income, or credits against tax bills for various activities. So, a comparison of statutory tax rates is probably a good place to start in assessing the competitive thrust of tax policy. But effective tax rates can reveal much more about the full impact of tax policy. In 2011, a study showed that the U.S. had the second highest effective corporate tax rate in the world. Today, among developed countries, the OECD puts the U.S. roughly in the middle of the pack, close to Germany but higher than Canada, Mexico and Japan, and lower than the UK. This article from 2019 reaches the same conclusion, though the rankings and rates differ from the OECD’s calculations. So it’s not as if the U.S. is the only country to offer tax incentives, or “loopholes” in Wolfers’ preferred terminology.

The corporate tax hikes proposed by the Biden Administration are intended to fund the massive outlays in the so-called infrastucture bill, which of course has very little to do with real infrastructure. Both the tax and spending proposals are bad policy. So far, however, passage of the bill is not a given. Let’s hope all of the Republicans and at least one Democrat senator have the sense to vote it down, but I’m not optimistic. The best hope for resistance among Democrats is Joe Manchin of West Virginia, but even he has signaled his support. Biden’s appointment of Gayle Manchin to a key administration post couldn’t have hurt.

Four More Years to MAGAA

28 Wednesday Oct 2020

Posted by in Big Government, Liberty, Politics

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As a “practical” libertarian, my primary test for any candidate for public office is whether he or she supports less government dominance over private decisions than the status quo. When it comes to Joe Biden and his pack of ventriloquists, the answer is a resounding NO! That should clinch it, right? Probably, but Donald Trump is more complicated….

I’ve always viewed Trump as a corporatist at heart, one who, as a private businessman, didn’t give a thought to free market integrity when he saw rent-seeking opportunities. Now, as a public servant, his laudable desire to “get things done” can also manifest to the advantage of cronyists, which he probably thinks is no big deal. Unfortunately, that is often the way of government, as the Biden family knows all too well. On balance, however, Trump generally stands against big government, as some of the points below will demonstrate.

Trump’s spoken “stream of consciousness” can be maddening. He tends to be inarticulate in discussing policy issues, but at times I enjoy hearing him wonder aloud about policy; at other times, it sounds like an exercise in self-rationalization. He seldom prevaricates when his mind is made up, however.

Not that Biden is such a great orator. He needs cheat sheets, and his cadence and pitch often sound like a weak, repeating loop. In fairness, however, he manages to break it up a bit with an occasional “C’mon, man!”, or “Here’s the deal.”

I have mixed feelings about Trump’s bumptiousness. For example, his verbal treatment of leftists is usually well-deserved and entertaining. Then there are his jokes and sarcasm, for which one apparently must have an ear. He can amuse me, but then he can grate on me. There are times when he’s far too defensive. He tweets just a bit too much. But he talks like a tough, New York working man, which is basically in his DNA. He keeps an insane schedule, and I believe this is true: nobody works harder.

With that mixed bag, I’ll now get on to policy:

Deregulation: Trump has sought to reduce federal regulation and has succeeded to an impressive extent, eliminating about five old regulations for every new federal rule-making. This ranges from rolling back the EPA’s authority to regulate certain “waters” under the Clean Water Act, to liberalized future mileage standards on car manufacturers, to ending destructive efforts to enforce so-called net neutrality. By minimizing opportunities for over-reach by federal regulators, resources can be conserved and managed more efficiently, paving the way for greater productivity and lower costs.

And now, look! Trump has signed a new executive order making federal workers employees-at-will! Yes, let’s “deconstruct the administrative state”. And another new executive order prohibits critical race theory training both in the federal bureaucracy and by federal contractors. End the ridiculous struggle sessions!

Judicial Appointments: Bravo! Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, and over 200 federal judges have been placed on the bench by Trump in a single term. I like constitutional originalism and I believe a “living constitution” is a corrupt judicial philosophy. The founding document is as relevant today as it was at its original drafting and at the time of every amendment. I think Trump understands this.

Corporate Taxes: Trump’s reductions in corporate tax rates have promoted economic growth and higher labor income. In 2017, I noted that labor shares the burden of the corporate income tax, so a reversal of those cuts would be counterproductive for labor and capital.

At the same time, the 2017 tax package was a mixed blessing for many so-called “pass-through” businesses (proprietors, partnerships, and S corporations). It wasn’t exactly a simplification, nor was it uniformly a tax cut.

Individual Income Taxes: Rates were reduced for many taxpayers, but not for all, and taxes were certainly not simplified in a meaningful way. The link in the last paragraph provides a few more details.

I am not a big fan of Trump’s proposed payroll tax cut. Such a temporary move will not be of any direct help to those who are unemployed, and it’s unlikely to stimulate much spending from those who are employed. Moreover, without significant reform, payroll tax cuts will directly accelerate the coming insolvency of the Social Security and Medicare Trust Funds.

Nonetheless, I believe permanent tax cuts are stimulative to the economy in ways that increased government spending is not: they improve incentives for effort, capital investment, and innovation, thus increasing the nation’s productive capacity. Trump seems to agree.

Upward Mobility: Here’s Joel Kotkin on the gains enjoyed by minorities under the Trump Administration. The credit goes to strong private economic growth, pre-pandemic, as opposed to government aid programs.

Foreign Policy: Peace in the Middle East is shaping up as a real possibility under the Abraham Accords. While the issue of coexisting, sovereign Palestinian and Zionist homelands remains unsettled, it now seems achievable. Progress like this has eluded diplomatic efforts for well over five decades, and Trump deserves a peace prize for getting this far with it.

Iran is a thorn, and the regime is a terrorist actor. I support a tough approach with respect to the ayatollahs, which a Trump has delivered. He’s also pushed for troop withdrawals in various parts of the world. He has moved U.S. troops out of Germany and into Poland, where they represent a greater deterrent to Russian expansionism. Trump has pushed our NATO allies to take responsibility for more of their own defense needs, all to the better. Trump has successfully managed North Korean intransigence, though it is an ongoing problem. We are at odds with the leadership in mainland China, but the regime is adversarial, expansionist, and genocidal, so I believe it’s best to take a tough approach with them. At the UN, some of our international “partners” have successfully manipulated the organization in ways that make continued participation by the U.S. of questionable value. Like me, Trump is no fan of UN governance as it is currently practiced.

Gun Rights: Trump is far more likely to stand for Second Amendment rights than Joe Biden. Especially now, given the riots in many cities and calls to “defund police”, it is vitally important that people have a means of self-defense. See this excellent piece by David E. Bernstein on that point.

National Defense: a pure public good; I’m sympathetic to the argument that much of our “defense capital” has deteriorated. Therefore, Trump’s effort to rebuild was overdue. The improved deterrent value of these assets reduces the chance they will ever have to be used against adversaries. Of course, this investment makes budget balance a much more difficult proposition, but a strong national defense is a priority, as long as we avoid the role of the world’s policeman.

Energy Policy: The Trump Administration has made efforts to encourage U.S. energy independence with a series of deregulatory moves. This has succeeded to the extent the U.S. is now a net energy exporter. At the same time, Trump has sought to eliminate subsidies for wasteful renewable energy projects. Unfortunately, ethanol is still favored by energy policy, which might reflect Trump’s desire to assuage the farm lobby.

Climate Policy: Trump kept us out of the costly Paris Climate Accord, which would have cost the U.S. trillions of dollars in lost GDP and subsidies to other nations. Trump saw through the accord as a scam under which leading carbon-emitting nations (such as China) face few real obligations. Meanwhile, the U.S. has led the world in reductions in carbon emissions during Trump’s term, even pre-pandemic. That’s partly a consequence of increased reliance on natural gas relative to other fossil fuels. Trump has also supported efforts to develop more nuclear energy capacity, which is the ultimate green fuel.

COVID-19 Response: As I’ve written several times, in the midst of a distracting and fraudulent impeachment attempt, Trump took swift action to halt inbound flights from China. He marshaled resources to obtain PPE, equipment, and extra hospital space in hot spots, and he kick-started the rapid development of vaccines. He followed the advice of his sometimes fickle medical experts early in the pandemic, which was not always a good thing. In general, his policy stance honored federalist principles by allowing lower levels of government to address local pandemic conditions on appropriate terms. If the pandemic has you in economic straits, you probably have your governor or local officials to thank. As for the most recent efforts to pass federal COVID relief, Nancy Pelosi and House Democrats have insisted on loading up the legislation with non-COVID spending provisions. They have otherwise refused to negotiate pre-election, as if to blame the delay on Trump.

Immigration: My libertarian leanings often put me at odds with nationalists, but I do believe in national sovereignty and the obligation of the federal government to control our borders. Trump is obviously on board with that. My qualms with the border wall are its cost and the availability of cheaper alternatives leveraging technological surveillance. I might differ with Trump in my belief in liberalizing legal immigration. I more strongly differ with his opposition to granting permanent legal residency to so-called Dreamers, individuals who arrived in the U.S. as minors with parents who entered illegally. However, Trump did offer a legal path to citizenship for Dreamers in exchange for funding of the border wall, a deal refused by congressional Democrats.

Health Care: No more penalty (tax?) to enforce the individual mandate, and the mandate itself is likely to be struck down by the Supreme Court as beyond legislative intent. Trump also oversaw a liberalization of insurance offerings and competition by authorizing short-term coverage of up to a year and enabling small businesses to pool their employees with others in order to obtain better rates, among other reforms. Trump seems to have deferred work on a full-fledged plan to replace the Affordable Care Act because there’s been little chance of an acceptable deal with congressional Democrats. That’s unfortunate, but I count it as a concession to political reality.

Foreign Trade: I’m generally a free-trader, so I’m not wholeheartedly behind Trump’s approach to trade. However, our trade deals of the past have hardly constituted “free trade” in action, so tough negotiation has its place. It’s also true that foreign governments regularly apply tariffs and subsidize their home industries to place them at a competitive advantage vis-a-vis the U.S. As the COVID pandemic has shown, there are valid national security arguments to be made for protecting domestic industries. But make no mistake: ultimately consumers pay the price of tariffs and quotas on foreign goods. I cut Trump some slack here, but this is an area about which I have concerns.

Executive Action: Barack Obama boasted that he had a pen and a phone, his euphemism for exercising authority over the executive branch within the scope of existing law. Trump is taking full advantage of his authority when he deems it necessary. It’s unfortunate that legislation must be so general as to allow significant leeway for executive-branch interpretation and rule-making. But there are times when the proper boundaries for these executive actions are debatable.

Presidents have increasingly pressed their authority to extremes over the years, and sometimes Trump seems eager to push the limits. Part of this is born out of his frustration with the legislative process, but I’m uncomfortable with the notion of unchecked executive authority.

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Of course I’ll vote for Trump! I had greater misgivings about voting for him in 2016, when I couldn’t be sure what we’d get once he took office. After all, his politics had been all over the map over preceding decades. But in many ways I’ve been pleasantly surprised. I’m much more confident now that he is our best presidential bet for peace, prosperity, and liberty.

Big Tax & Spend Party In Obama’s Head

04 Wednesday Feb 2015

Posted by in Big Government, Taxes

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President Obama has thoughtfully dangled lots of freebies before the eyes of Americans in his proposed budget under the guise of “middle-class economics.” It’s not clear that the middle class will benefit over the long haul, but this certainly isn’t about forsaking present pleasure for future gain. It’s just about politics. Obama hopes his budget establishes a superior negotiating position with Republicans, and he hopes that the opposition to many of his giveaways will allow Democrats to tar the GOP as hard-hearted. In introducing his proposal, the president derided what he called the “mindless austerity” of the sequestration spending caps (which his budget would exceed by a mere $74 billion), but as Reason notes, the “sequestration process was the White House’s idea in the first place.”

Investor’s Business Daily has this to say in their editorial:

“The era of big government would be back with a vengeance. Obama wants a preposterous 7% spending hike this year for government agencies — with more nanny-state money for schools, early-childhood education, roads and bridges, child care, green energy and corporate welfare for manufacturers.”

All of these priorities are behaviorally non-neutral, heavily cross-subsidized and of questionable value, at best. Of course, everybody wants a high-speed rail line as long as the fare is heavily subsidized. Beyond that yearning, the poor state of American transportation infrastructure is something of a myth. Just as stupefying is the proposed increase in defense spending, which will end up as the most popular provision among hawks in Congress. From Reason:

“President Obama’s budget requests $561 billion for defense spending, which includes the biggest baseline Pentagon budget ever. Sequestration caps for military were already loosened from initial levels in a budget deal made in 2013. And the Pentagon has managed to keep spending freely on boondoggles like the Joint Strike Fighter—a $400 billion futuristic fighter that has serious trouble with basic functionality, like flying—and a program to build new nuclear bombers and subs expected to cost about $350 billion. This is not a picture of a fighting force that is desperately starving for cash.”

On the revenue side, the Obama budget would increase taxes by $1.6 trillion over 10 years. Some of the details are discussed here, including $200 billion in corporate tax reform. As explained by Timothy Taylor, the so-called reform is a hodge-podge of 67 different provisions. For the 2017 budget year, these would add revenue of about $19 billion, but when Taylor totals the top ten provision, those come to $49 billion. The $30 billion difference consists of various items such as “simplification and tax relief for small business,” which might represent sensible changes, and “incentives for manufacturing, research, and clean energy.” Those are tax breaks and subsidies. From Taylor: “Clearly, the temptation to redistribute the “special deductions, credits, and other tax preferences,” rather than ending them, remains strong.”

The current 35% U.S. corporate income tax rate is the highest in the industrialized world. The idea of corporate tax reform is to reduce the tax rate in exchange for eliminating various deductions, which is laudable in itself. Unfortunately, the Obama plan also proposes a tax on corporate profits earned and held abroad (not repatriated). Taylor explains the rub:

“Here, I’ll juse [sic] make the point that the U.S. is unique among the major economies in that it claims the right to tax the profits of U.S. corporations wherever in the world they are earned. Other countries only tax profits earned within their borders. Of course, this is one reason why U.S. companies sometimes seek to merge with a foreign firm and transfer their official ownership abroad. A foreign-controlled domestic company in the United States is taxed only on its U.S. profits; in contrast, if a company with the same structure is a U.S.-controlled firm, then the U.S. government claims the right to tax its foreign profits as well. This is a real issue for US corporate tax reform in a globalizing economy, and the approach in this budget document bascially just doubles down on going after revenue from abroad.”

Other tax increases proposed by Obama include an increase in the rate on dividends (already double-taxed) and capital gains (with its implicit inflation tax on wealth), capital gains taxation of assets at death (elimination of stepped-up basis), higher estate taxes, limits on itemized deductions, and several others. All of these complexities in the tax code could be eliminated entirely with real tax reform and simplification, but that would prevent the president’s beneficent “middle-class economics,” more appropriately called middle-class pandering. Higher taxes undermine economic growth: first, by reducing disposable income and spending, the traditional Keynesian explanation; second, and more fundamentally, by reducing incentives to work, invest and take risks that increase the economy’s productive potential over time. When it all plays out, a budget with a $1.6 trillion increase in taxes, no matter where the direct burden falls, will not help the middle class.

Finally, the Obama budget includes optimistic assumptions about economic growth. Even under that outlook, the budget deficit is expected to rise from  $474 billion in 2016 to $687 billion in 2025. The debt will keep expanding, absorbing private saving, leaving a smaller pool of capital available for private investment.

The president’s efforts to grow the state apparatus continue with this budget proposal. It might be “toast” as a package, but the political bidding war continues. Much depends on the ability of Americans to resist the goodies dangled before them by the White House candyman. That much is required to reverse the ongoing slide into dependency on the state.

A Dumb Tax Code Tests Loyalty

07 Thursday Aug 2014

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The complex and punitive tax treatment of U.S. corporate income creates incentives for firms to seek relief through various maneuvers. According to the TaxProf Blog, quoting KPMG, the U.S. corporate tax rate is the highest among industrialized countries and the second highest in the world. U.S. corporations are taxed on profits earned overseas, which is disadvantageous relative to so-called “territorial” tax systems. Corporate income is taxed twice, as well: once as corporate income and again when income is paid to shareholders, though often at a favorable “qualified dividend” rate (and double taxation of dividends is not uncommon internationally). Of course, there are myriad provisions in the tax code that reduce the severity of the corporate tax bite by providing deductions (some of which are mentioned at the first link). But the code is quite complex and it creates unnecessary compliance costs; on balance, it provides compelling reasons for corporations to attempt to shift income overseas to obtain more favorable treatment. A growing number of firms have engaged in so-called corporate “tax inversions,” which involve shifting ownership to an overseas corporate parent. This is said to represent a threat to the U.S. tax base, and it has recently captured the attention of the media.

What should be done about this trend? The first link above, from the TaxProf, discusses two options: “… a general reform of the U.S. corporate tax and specific provisions to deal with tax-motivated international mergers.” The first option would involve a vastly simpler tax code, with fewer and less generous deductions and lower tax rates. That change would be desirable if only to reduce compliance costs, but it could also be used to make the U.S. tax code more competitive internationally. A strong case can be made for eliminating the corporate income tax entirely, based on the likely favorable impact on employment, wages and international competitiveness that it would engender.

The second option mentioned in connection with reducing tax inversions involves more targeted measures which do nothing to reduce the complexity of the tax code. Apparently, the Treasury is investigating a “long list” of alternative administrative actions to discourage inversions. Again, from the TaxProf:

The President’s FY2015 budget proposes to treat all mergers as U.S. firms if the U.S. firm’s shareholders have 50% or more ownership of the combined firm or maintains management and control in the United States. Similar legislation has also been introduced in the 113th Congress.

Public attention may have discouraged Walgreens from pursuing an inversion, and the Obama administration is clearly “jawboning” in an effort to stop the activity.

Finally, Jonathan Alter wants U.S. corporations to take “loyalty oaths” to prevent them from seeking out inversion opportunities. This proposal is certainly “creepy,” as noted by J.D. Tuccille in Reason Magazine. Loyalty oaths? Seriously? From Tuccille:

… this whole “economic patriotism” crusade starts at a bad place and spirals down into a cesspool. So, if that’s the model you work from…

To make it clear where this all goes, the National Recovery Administration once boasted, “The Fascist Principles are very similar to those we have been evolving here in America.” Its head, Hugh Johnson, noted about the adoption or rejection of the blue eagle symbol and its code, “Those who are not with us are against us.”

Where else might this go? Will “buy American” form the basis of a loyalty oath of some kind? What tax consequences might await violators? What other forms of cooperation with intrusive authorities might be enforced in this way? David Harsanyi has some interesting thoughts on the question of “properly channeled nationalism”:

It’s worth remembering that when Alter proposes that Obama discipline companies that have done nothing illegal or illegitimate, he’s simply taking Obama’s “economic patriotism” to its next logical step. He wants the administration to threaten the close “easy access to American markets” companies enjoy. And really, haven’t we all suffered enough with all this unhindered access to affordable goods, exotic merchandise and cool gadgets? Samsung. Honda. Toyota. Nestle. GlaxoSmithKline. Do you believe shoppers concern themselves with the fact that Food Lion is subsidiary of a Belgium company? I suspect that most Americans, in their everyday lives, don’t care where their favorite companies are situated, because intuitively they understand the benefits of trade.

Too many times already, I have heard statements implying disloyalty after daring to criticize the president’s initiatives. That’s a very bad sign. The U.S. achieved greatness in large part because it offered basic freedoms in personal, social and economic life. Decisions about what and with whom to do business, though not completely free of government interference, must be a person’s own, even in voluntary association with others (as in the corporate form). People should be free to transfer their assets abroad or to sell their assets to anyone, regardless of domicile. If this is a desirable place to live and do business, such freedoms should never be a source of concern. In fact, with a tax code that is simpler and more competitive, it could never be anything but a source of strength.