Not sure
they will get around to tax reform this year, but I am told that tax reform is high on the legislative agenda. Tax reform usually involves significant changes in
income and/or business tax rates. For example, we hear talk that US corporations pay tax rates
that are very high. A tax reform might, therefore, reduce the rate to something
lower. Tax reform might instead lower tax rates for the middle class or for
rich people. There are many ways to do tax reform.
As a result
of the lower tax rates of a tax reform, tax revenues would likely fall. So an
important part of any tax reform that lowers tax rates but does not want to
create larger government deficits is the accompanying ways to raise tax
revenue. One approach would create a totally new tax. Some thought was given to
the USA adopting a value added tax or perhaps an import tax. More likely,
however, is the closing of existing tax loopholes. That approach sounds much better to most of
us. But as I will show below, it is not so easy and the attempt to close
loopholes may actually doom tax reform.
First, our friend Wikipedia says a loophole is an ambiguity or inadequacy of
a system, such as a law or security, which can be used to circumvent or
otherwise avoid the purpose, implied or explicitly stated, of the system. That
makes a loophole sound pretty bad. It should be easy to
eliminate tax avoidance. But a further look at tax loopholes suggests that many
of the biggest ones are there for specific reasons.
We sometimes
use the word tax expenditure for myriad reasons that allow people
to avoid paying tax. Tax expenditures are defined as special provisions of the
tax law such as exclusions, deductions, deferrals, credits, and tax rates that
benefit specific activities or groups of taxpayers. Tax expenditure? Tax loophole?
Pretty much the same thing. But the wording is kinder. Why? Because it implies
that it isn’t an error or a deficiency in the system. Rather, it is an intent to
promote an end. Getting rid of a loophole sounds easy. But a tax expenditure
has a purpose. Do we really want to end it? If so, who gets hurt?
Below I list
only some of the major tax expenditures and the amounts (in billions of
dollars) estimated by the Tax Policy
Center for 2018 (http://www.taxpolicycenter.org/briefing-book/what-are-largest-tax-expenditures)
Exclusion of employer contribution for medical care premiums
and medical care $235.8
Exclusion of net imputed rental income $112.7
Deferral of income from controlled foreign corporations
$112.6
Capital gains $108.6
Defined benefit and
defined contribution employer health plans $140.4
Mortgage interest expense on owner-occupied homes $68.1
Earned income tax credit $63.6
Deductibility of state taxes $63.3
Child credit $54.3
Charitable giving $51.2
Charitable giving $51.2
There are
plenty more but this list adds up to just short of a trillion dollars. Thus
we learn two points. First, that’s a healthy amount of money if we are looking
for loopholes to close. Second, who is going to resist closing each one
of these? People who want cheaper healthcare? People who receive rental income and
capital gains? State and local governments? Poor people and those who represent
poor people? Parents? Homeowners?
Other
federal government tax loopholes?
American Opportunity Tax Credit to
reduce the cost of education
Savers Tax Credit helps low income
people save for retirement
Lifetime Learning Credit to reduce
cost of education
Retirement Saving Accounts
Carried Interest Loophole for mostly
high income taxpayers
529 College Saving Plan for parents saving for child’s
education
Finally
comes the fun part. There are so many loopholes in our tax system that you
would have difficulty listing them all. Investopedia (http://www.investopedia.com/financial-edge/0512/americas-most-outrageous-tax-loopholes.aspx) found some interesting ones that relate to state and local taxes:
The Florida Rent-A-Cow Credit
Washington DIY Cigarette Discount
The Arkansas Credit for Naturally
Destroyed Autos
The Accelerated Depreciation of
NASCAR Tracks
Larry’s JD exemption (just kidding)
Even with
these last few loopholes, there were reasons for instituting them. Closing tax
loopholes is not a slam dunk. Tax reform and reducing our tax rates is valuable
for many reasons. But if tax reform is not going to blow a hole in our national
deficit and debt, then some of these tax loopholes have to go.
Which ones will you vote for?