Tuesday, August 15, 2017

Taxes - Part II

It would appear that trickle-down economics is upon us again. The term trickle-down economics was first popularized during the Reagan administration. The incredibly fallacious logic goes something like this. The mega-rich are the job creators. If we devise a system that funnels even more resources into their control they will use those resources to create even more jobs. The result will be even greater tax receipts for the government and greater quality of life for all citizens. We accomplish the resource distribution by lowering and eliminating progressive income tax brackets. History doesn’t even provide us a correlation for this, and a review of some of the details easily debunks the claim.

Lowering the income tax provides no incentive for employers to hire anybody or pay anybody any more. Labor expenses are already deducted from taxable income. In other words, businesses are already not paying any income tax on any money they spend to pay employees. If we are interested in providing businesses a financial incentive to increase their payrolls we should be talking about payroll taxes. However, businesses don’t care about payroll taxes because they just take that expense out of their payrolls anyway.

Businesses simply do not hire employees because they have more money. They hire employees when they have work that needs to be done. They pay more for the work when the labor market conditions require it of them. Their wages have to compete in the labor market to attract the workers they need to perform their work. The work businesses need done increases when there is greater demand for whatever goods and/or services they create and/or provide. So, unless whatever social policy we are talking about contributes to increased demand for production, there will be no increase in labor.

Likewise, lowering income taxes provides no incentive for businesses to invest in their own growth. Businesses are only paying income taxes on their profit. Any money they spend on growing their business is not taxed as income. However, the deductions for large expenditures that are used over time are required to be deducted over time as depreciation. So it is possible to adjust capital depreciation schedules to provide short-term financial incentive to invest now. Originally, some of President Trump’s people were talking about tweaking the depreciation schedules in order to encourage reinvestment. None of these ideas have made it into any version of the administration’s tax plans. I’m not even necessarily suggesting accelerating depreciation schedules is a good idea in the long run, but without depreciation we are not even talking about encouraging reinvestment in growth.

There are only a few things businesses can do with the money they save from reduced income taxes. For S-Corps, the owners can keep it without any further tax liability. Effectively, these owners are paying income tax on an incredibly reduced scale compared to earned income. The business can horde it in the form of retained earnings. Large, public businesses in particular are currently amassing incredible quantities of cash. They do this because they can, and they don’t have anything worthwhile to spend it on. Lastly, they can pay it out to shareholders in the form of dividends. Don’t get me wrong, I like dividends, but they disproportionately benefit the wealthy, and come at a cost to the overall economy when they are inflated by tax reduction.

There is a really great documentary from 2013 called Inequality for All. It was produced by Robert Reich who was the Secretary of Labor between 1993 and 1997. It explains how income inequality and the concentration of wealth negatively impacts economic growth. For an economics documentary, it’s fairly palatable. If you haven’t seen it, regardless of your political affiliation, I’d highly recommend it. Even if you fully buy into this trickle-down nonsense and think progressives are dirty communists, you will at least learn something about an opposing point of view.

If lowering and eliminating progressive income tax rates is actually counter-productive to economic growth, then why do we do it? There is a variation of the Hanlon’s Razor aphorism I got from an old friend of mine that I like to use. It goes something like, “It is difficult to tell the difference between stupidity and maliciousness.” Explanations in real life tend to be a combination of all-of-the-above, and I think that is true in this case as well. That said, there is a very real malicious motivation behind these sorts of policies. Wealth is relative; there are no rich people without poor people. Limiting economic growth and mobility ensures that wealthy politicians and the aristocrats they represent will maintain their wealth across generations regardless of whether or not the individuals earn it or even produce anything.

Nothing illustrates this more than the republican position on the estate tax. Yes, after that far too long introduction, I’m finally going to get into the tax policy. The republican position on the estate tax, of course, is to eliminate it completely. According to the Tax Foundation, in 2014, the estate tax brought in federal revenues of about 19 billion dollars; or about 0.6% of total federal revenue. Relatively speaking, that is an incredibly low percent, but it is still a significant sum of money. In my opinion, however, the estate tax is not about revenue, but instead it serves a greater societal purpose. The estate tax encourages productivity and discourages aristocracy by slowing down the accumulation of generational wealth.

First, let me get one simple thing out of the way. Whether you support or oppose the estate tax, it is in no way some sort of double taxation. It is absolutely normal for taxation to happen when money, property and other forms of wealth exchange ownership. For example, income tax is paid on the money a worker earns. That worker then spends that money, and income tax is paid again and again every time that money changes hands. There is no logical reason why the transfer of wealth from one generation to another should be any different. Furthermore, significant portions of taxable estates consist of unrealized capital gains that have never even been taxed a first time.

As far as human civilization goes, the estate tax, and in more general terms the inheritance tax, is as old as the written word. In the first century of the United States, however, the estate tax came and went as a way to help finance wars. Likewise, the estate tax that we know today was enacted in 1916 by President Wilson to help finance WWI. However, it was first seriously introduced for its positive impact on society by President Theodore Roosevelt in 1906. He identified the problems that wealth accumulation through generations poses to our democracy. Be forewarned that this is a long, old-timey quote, but in President Theodore Roosevelt words:

“It is important to this people to grapple with the problems connected with the amassing of enormous fortunes, and the use of those fortunes, both corporate and individual, in business. We should discriminate in the sharpest way between fortunes well-won and fortunes ill-won; between those gained as an incident to performing great services to the community as a whole, and those gained in evil fashion by keeping just within the limits of mere law-honesty. Of course no amount of charity in spending such fortunes in any way compensates for misconduct in making them. As a matter of personal conviction, and without pretending to discuss the details or formulate the system, I feel that we shall ultimately have to consider the adoption of some such scheme as that of a progressive tax on all fortunes, beyond a certain amount either given in life or devised or bequeathed upon death to any individual–a tax so framed as to put it out of the power of the owner of one of these enormous fortunes to hand on more than a certain amount to any one individual; the tax, of course, to be imposed by the National and not the State government. Such taxation should, of course, be aimed merely at the inheritance or transmission in their entirety of those fortunes swollen beyond all healthy limits.”

The estate tax has basically worked the same way since it was enacted by President Wilson in 1916. When there is an inheritance of an estate the gross value is determined. A certain amount of that value is exempt from tax and the rest is taxed on a progressive scale. Originally both the exempt amount and top marginal rate were relatively low; the top marginal rate being only 10%. During the great depression the top marginal rates were significantly raised, and by the 1940’s they were up to 77%. They remained this high until 1977. I point this out because the post WWII era, particularly the 1950’s, is regarded very fondly among republicans as a time of American greatness. During this time we had our highest estate tax, and highest income tax for that matter. Our economy soared and the middle class grew to its largest size ever. I would also point out that the middle class has been shrinking since the 1980’s when the progressive tax scales were dramatically reduced.

To be fair, in the 1970’s we were trying to solve some very real problems with the estate tax implementation. The exemption amount was not increasing with inflation and the tax was affecting an ever growing percentage of the population; far more than just the “fortunes swollen beyond all healthy limits” that President Roosevelt described. Additionally, estates that were property rich and cash poor had a very difficult time paying their estate tax. This is where we get the stories of small family farms having to sell because of the tax burden. The exemption amount was increased several times over in an attempt to alleviate this problem.

Increasing the exemption amount probably would have solved the problem by itself, but President Reagan used the momentum of estate tax reform to further reduce the top marginal rate. From the 1980’s on the estate tax continued to be reduced until it finally disappeared completely in 2010. It was reinstated the very next year, but at even lower levels. Nowadays, the exemption amount is about $11 million (married) with a top marginal rate of 40%. Historically, the current exemption amount is incredibly high, and that is why only about 0.2% of estates will have to pay anything at all. Likewise, the top marginal rate is very low compared to historical rates. The age of small family businesses being torn apart by estate tax liability are far behind us.

Here are my thoughts on how we should deal with estate taxes. I think these are the two main factors. First, the estate tax revenue is not vital to the funding of our government. And, second, the important societal purpose of the estate tax is to push back against consolidation of wealth. So here is what we do. We continue to not levy any tax on married descendants. This applies only one time per pair involved of course. We can’t have aristocrats just continuously marrying the next generation can we? We also continue to allow an estate to be donated to recognized charities tax free just like any other charitable contribution. Then we get into the taxing.

First, all remaining unrealized capital gains must be realized out of the estate and paid. That should be relatively easy since most unrealized capital gains are in investments, like stocks and bonds, which can be partially sold to pay the taxes. After that, rather than taxing the estate, we tax the inheritor. There would still be some sort of exemption amount, but it would be a lot less than it is now; somewhere around $1 million. Then we quickly escalate to a top marginal rate of around 80% after about the next $1 million. The exempt amount would also have to be a lifetime limit per individual. With no lifetime limit, can you imagine all the “Inheritance Clubs” that would form to avoid the paying the taxes?

This allows for the owner of the estate to distribute their wealth themself if they so choose. For example, let’s look at an estate worth $10 billion under these rules. In this hypothetical example $3 billion of that money is in unrealized capital gains. It technically would be a little less, but, for simplicity, let’s call that 20% capital gains tax. I’ll do capital gains some time, I promise. Or look it up; how it works is not a secret. 20% of $3 billion is $600 million; ouch. Now we are down to a measly $9.4 billion. Then the estate gives $2 billion to recognized charities leaving $7.4 billion. Let’s be realistic, an estate of this size is going to have significant business assets. If we divide the remaining $7.4 billion in business assets equally across 7,400 individuals, perhaps the family heirs plus some employees of the business, then there is no further tax liability.

Alternatively, under this method, should that $10 billion estate choose to be consolidated into a single individual there would be huge taxes. The same $600 million for the unrealized capital gains would come first. That would be followed by about $7.5 billion in inheritance tax. That would leave about $1.9 billion to the single inheritor. That is still quite a bit more than the $1 million that same individual was getting with the distributed estate not paying any inheritance tax. However, I would still say that is a very significant limiter to generational wealth consolidation. That dynasty certainly won’t be able to maintain their momentum for very many generations without continually performing the “great services to the community” as described by President Roosevelt.

The bottom line is this. If you support eliminating the estate tax, you are saying that individuals deserve to receive unlimited wealth based on the pure chance of their birth and not because they did anything to earn it. Additionally, those who work and actually earn their wealth by contributing to our production should be paying all the taxes to maintain our government services such as military defense, law enforcement, fire protection, and border security. Call me old fashioned, but I think it is nobler to earn one's wealth through hard work and innovation. I also believe it is everyone’s responsibility to contribute to the funding of our social system. And lastly, the idea that eliminating taxes like the estate tax is helpful to our economy is laughable. Maybe if you’re in the business of selling yachts to idle aristocrats with too much time on their hands you might see a boost.