Presentation: Tax and Revenue Decisions Facing Congress and the President

March 24, 2012 12:53 PM | | Bookmark and Share

This presentation was given to participants of the Ecumenical Advocacy Days, an event that brings the perspectives of faith-based organizations to Capitol Hill. The presentation explains federal tax issues that are being debated today.

Read the presentation.


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CTJ Report: Ryan’s Budget Cuts Income Taxes for Millionaires by at Least $187,000

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House Budget Committee Chairman Paul Ryan has introduced a budget plan that, if implemented, would reduce revenues so significantly that they would be inadequate to pay for the federal spending under the Reagan administration, let alone the spending required in the years ahead.  The Ryan budget would provide income tax cuts for millionaires averaging at least $187,000 in 2014. The plan would also reduce corporate income taxes and would increase the (already considerable) incentives for corporations to shift profits and jobs overseas.

Each of these three problems is described in detail in a new report from Citizens for Tax Justice. Read the full report.

 

Ryan Budget Plan Would Cut Income Taxes for Millionaires by at Least $187,000 Annually and Facilitate Corporate Tax Avoidance

March 22, 2012 03:42 PM | | Bookmark and Share

Read the pdf of this report.

House Budget Committee Chairman Paul Ryan has introduced a budget plan that, if implemented, would reduce revenues so significantly that they would be inadequate to pay for the federal spending under the Reagan administration, let alone the spending required in the years ahead.  The Ryan budget would provide income tax cuts for millionaires averaging at least $187,000 in 2014. The plan would also reduce corporate income taxes and would increase the (already considerable) incentives for corporations to shift profits and jobs overseas. Each of these three problems is described in detail below.

 

Tax Revenue Would Not Be Enough to Pay for Reagan-Era Spending

First, the Ryan budget would lock in the low revenue levels that are the result of the Bush tax cuts, which will expire at the end of this year if Congress simply does nothing.

The Ryan budget plan indicates that this level of revenue would equal 18 or 19 percent of GDP (that is, 18 or 19 percent of our overall economy) in the following decades. Federal spending has been greater than this for most of the past 50 years.

In fact, even during the Reagan administration, federal spending ranged from 21.3 percent to 23.5 percent of GDP. And that was at a time when America was not fighting any wars, the baby-boomers were not retiring, and health care costs had not yet skyrocketed the way they have today.[1]

Millionaires Would Receive Average Income Tax Cut of at Least $187,000 in 2014

Second, the Ryan budget would replace the existing personal income tax with a personal income tax that has just two rates, 10 percent and 25 percent, repeal the Alternative Minimum Tax (AMT), and offset the costs by closing unspecified tax loopholes and tax expenditures. The table on the first page illustrates that taxpayers with adjusted gross income (AGI) exceeding $1 million would enjoy a tax cut of at least $187,000 under this plan no matter how it is implemented.

The figures in the table were calculated under the assumption that taxpayers with AGI exceeding $1 million would have to give up all the major tax loopholes and tax expenditures that Rep. Ryan could conceivably target for repeal. While Rep. Ryan does not specify which tax provisions he would repeal, these calculations assume he would repeal all itemized deductions, all tax credits, the exclusion for employer-provided health insurance, and the deduction for health insurance for the self-employed.[2]

Even under these assumptions, over 92 percent of these very high-income taxpayers would enjoy a net tax cut, and the average income tax change for these taxpayers would be a reduction of $187,000 in 2014.

The reason is that reducing the top personal income tax rate (which will be 39.6 percent in 2014 under current law) to 25 percent would provide a benefit to millionaires that would far exceed their loss of any deductions, credits, or breaks for health care.

By way of comparison, millionaires would receive an average income tax cut of $115,000 in 2014 if the Bush tax cuts are extended through that year.[3] 

The Ryan budget document calls for closing enough tax loopholes and tax expenditures to ensure that this simplified personal income tax would collect as much revenue as the current system would collect if the Bush tax cuts were made permanent for everyone. This is a very low revenue goal, but Rep. Ryan’s tax proposals would almost certainly fail to meet it nonetheless.

Budget Plan Would Slash Corporate Taxes and Exempt Profits Shifted Overseas

Third, the Ryan budget would replace the statutory corporate income tax rate of 35 percent  — which Rep. Ryan criticizes as one of the world’s highest — with a statutory rate of just 25 percent. The budget document comes close to admitting that the effective corporate income tax rate — the percentage of profits that corporations actually pay after accounting for the loopholes they enjoy — is far lower than 35 percent. (CTJ recently found that the 3-year effective tax rate for consistently profitable Fortune 500 corporations averaged just 18.5 percent.)[4]

It’s unclear if the Ryan budget is intended to repeal enough corporate tax subsidies to offset the cost of reducing the statutory corporate tax rate from 35 percent to 25 percent, but the non-partisan Joint Committee on Taxation (JCT) has already concluded that this is impossible in any case.

Last year, House Ways and Means Committee Chairman Dave Camp (who Ryan cites as involved in his budget overhaul effort) proposed to reduce the statutory corporate income tax rate to 25 percent and offset the costs by repealing tax subsidies. Around the same time, the Joint Committee on Taxation (JCT) concluded that repealing all corporate tax subsidies would raise enough revenue to offset the cost of reducing the corporate income tax rate to 28 percent, and no lower, for a decade. Beyond the first decade, repealing all corporate tax subsidies would raise even less revenue, meaning the corporate income tax rate would have to be higher than 28 percent to be part of any revenue-neutral corporate tax reform.[5]

Another idea that Ryan’s budget borrows from Camp’s proposal is the introduction of a “territorial” tax system, which is a euphemism for exempting the offshore profits of U.S. corporations from the corporate income tax.

A territorial system would increase the existing incentives for U.S. corporations to move their operations offshore or use accounting gimmicks to make their U.S. profits appear to be “foreign” profits generated in offshore tax havens.[6]

The tax system already encourages corporations to engage in these abuses because it allows them to “defer” (delay) paying U.S. corporate income taxes on any profits that are generated offshore or made to appear that they were generated offshore.

If allowing corporations to defer their U.S. taxes on offshore profits encourages these abuses, then exempting those offshore profits from U.S. taxes entirely would logically increase this incentive.

The only way to prevent these abuses is for Congress to enact a tax reform that repeals “deferral.” This would mean that U.S. corporations would not pay lower taxes on profits that they generate (or appear to generate) in countries with lower corporate income taxes than the U.S. And, just as in the current system, U.S. corporations would be allowed a credit for taxes paid to foreign governments, to prevent double-taxation.[7]

Why the Ryan Budget Plan Does Not Specify How It Would Pay for Tax Rate Reductions

As explained already, the Ryan budget plan calls for closing tax loopholes and tax subsidies to offset the costs of reducing tax rates (beyond the rate reductions that are part of the Bush tax cuts) but does not name any particular tax loophole or tax subsidy to be repealed.

There may be a very specific reason for this vagueness. Two years ago, when Rep. Ryan offered a budget plan that would allow individuals to pay income taxes at a top rate of 25 percent and repeal the corporate income tax, he did propose a specific way to offset the costs — a regressive value-added tax (VAT).

Citizens for Tax Justice analyzed the tax components of that plan and found that, on average, taxpayers among the richest ten percent would pay less in taxes while taxpayers among the bottom 90 percent would pay more.  We also found that the plan would reduce revenues by $2 trillion over ten years.[8]

The truth is that it is very difficult to lower the top income tax rate to 25 percent and offset the costs simply by eliminating or reducing tax expenditures. That’s why Ryan’s previous plan relied on a regressive VAT. Rep. Ryan probably (correctly) decided the budget plans he would present last year and this year would seem more appealing if he left that detail out of it.

 


[1] Office of Management and Budget, Historical Tables, Table 1.2. http://www.whitehouse.gov/omb/budget/Historicals/

[2] Other major tax expenditures are supposedly incentives for savings and investments and would surely not be repealed because the Ryan budget plan specifically objects to “raising taxes on investing.” For example, the preferential rates for capital gains and stock dividends and various breaks for retirement savings are clearly not among those tax expenditures Ryan would repeal, given that language in the budget document.

[3] These figures refer to federal personal income taxes. Millionaires would receive other types of tax cuts under the Ryan budget plan. For example, the plan does not specify what would be done with the federal estate tax, but it strongly implies that it would not allow the estate tax cut in effect this year to expire. The Ryan budget plan would also repeal a reform of the Medicare tax (which was included in President Obama’s health care reform) that increases the Medicare tax from 2.9 percent to 3.8 percent for wages of high-income individuals and applies the 3.8 percent Medicare tax to investment income as well.

[4] Citizens for Tax Justice, “Corporate Taxpayers & Corporate Tax Dodgers, 2008-2010,” November 3, 2011. http://ctj.org/corporatetaxdodgers

[5] Letter from Thomas A. Barthold, Joint Committee on Taxation, October 27, 2011. http://democrats.waysandmeans.house.gov/media/pdf/112/JCTRevenueestimatesFinal.pdf

[6] A CTJ fact sheet explains why Congress should reject any proposal to exempt offshore corporate profits from U.S. taxes. Citizens for Tax Justice, “Why Congress Should Reject A ‘Territorial’ System and a ‘Repatriation’ Amnesty: Both Proposals Would Remove Taxes on Corporations’ Offshore Profits,” October 19, 2011. https://ctj.sfo2.digitaloceanspaces.com/pdf/corporateinternationalfactsheet.pdf

[7] For more, see Citizens for Tax Justice, “Congress Should End ‘Deferral’ Rather than Adopt a ‘Territorial’ Tax System,” March 23, 2011. https://ctj.sfo2.digitaloceanspaces.com/pdf/internationalcorptax2011.pdf

[8] Citizens for Tax Justice, “Rep. Ryan’s House GOP Budget Plan: Federal Government Would Collect $2 Trillion Less Over a Decade and Yet Require Bottom 90 Percent to Pay Higher Taxes,” March 9, 2010. https://ctj.sfo2.digitaloceanspaces.com/pdf/ryanplan2010.pdf


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New from CTJ: How Corporate Tax Dodgers are Buying Tax Loopholes

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Large majorities of Americans, including small business owners, want profitable corporations to pay their fair share in taxes, but none of the major proposals in Washington would make that happen.  They will close some loopholes while creating others and, meantime, leave the amount of revenues U.S. companies contribute just about where it is now – at an historic low.

Why the disconnect between public opinion and political action? Could it be because 98 percent of the sitting members of Congress have accepted campaign donations from the country’s most aggressive, successful tax avoiding corporations?

Citizens for Tax Justice and U.S. PIRG’s new report Loopholes for Sale pursues the intersection of corporate campaign contributions to members of Congress and the absence of Congressional action to close corporate tax loopholes and raise additional revenue from corporate taxes.

Loopholes for Sale details how thirty major, profitable corporations (a.k.a. the Dirty Thirty) with a collective federal income tax bill of negative $10.6 billion have made Congressional campaign contributions totaling $41 million over four election cycles. This includes PAC contributions to 524 current members of Congress.

These 30 tax dodging companies specifically targeted the leadership of both political parties, and members of the tax writing committees in the House and Senate. Top recipients of their largesse since the 2006 campaign have been:

1- House Minority Whip Steny Hoyer (D-MD) – $379,850.00
2- Speaker of the House John Boehner (R-OH) – $336,5000.00
3- House Majority Leader Eric Cantor (R-VA) – $320,900.00
4- Senator Roy Blunt (R-MO)Former House Minority Whip 2003-08) – $220,500.00
5- Senate Minority Leader Mitch McConnell (R-KY) – $177,001.00

These companies – including GE, Boeing, Honeywell and FedEx—also gave disproportionately to members of the tax writing committees, including $3.1 million to current members of the House Ways and Means Committee and $1.9 million to members of the Senate Finance Committee.

The “pervasiveness of that money across party lines speaks volumes about why major proposals to close corporate loopholes have not even come up for a vote,” says US PIRG’s Dan Smith.

So if the public is so clearly supportive of closing corporate tax loopholes and making corporations pay more than they currently are, why aren’t our elected officials moving forward on corporate tax reform? This report, along with our earlier Representation with Taxation on corporate lobbying expenditures, exposes how part of the answer may be found by taking a hard look at the way some of America’s largest companies translate wealth into influence.

Quick Hits in State News: Indiana Kills Its Inheritance Tax, and More

Indiana’s inheritance tax will soon be no more.  Under a bill signed by Governor Mitch Daniels this week, the state inheritance tax will be gradually eliminated over the next decade.  Of course, this will further benefit the state’s wealthiest taxpayers even as the state’s poorest residents already pay an effective state and local tax rate more than twice that paid by the rich.  

Connecticut lawmakers are seriously considering capping the state’s gasoline tax rate, due to the political pressures created by high gas prices.  A permanent cap, as some lawmakers prefer, would be extremely poor policy because it would flat line the gas tax as a revenue source for years to come.  A temporary cap would be preferable, but the best solution would be one that ITEP recommended for North Carolina last summer: design a cap that limits volatility. This protects consumers from price spikes and stabilizes state budgets without undermining a key source of revenue.

A new ITEP analysis finds that under a South Carolina House Republican plan, poor South Carolinians would see their income tax increase while wealthy taxpayers would pay less. The effect on individual taxpayers in any bracket are not substantial, but the revenue implications for the state are enormous and depend on the working poor to pick up the tab. The Ruoff Group policy shop does a nice job here of explaining why the plan is neither flat nor fair, as its advocates claim.

An outstanding news analysis in the Cincinnati Inquirer describes Ohio Governor John Kasich’s longstanding desire to eliminate the personal income tax altogether, and his current (failing) effort to pay for it with a fracking tax. The story cites a wide range of policy sources, including ITEP’s report debunking the myth that states without income taxes do better, and concludes that low income taxes alone do not make for stronger economies.

 

iTax Dodger

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apple store.png

On Monday, Apple™ announced that it will distribute tens of billions of its cash holdings as dividends to shareholders, ending speculation over how the company will use the large pile of cash it has been sitting on. CFO Peter Oppenheimer went out of his way to point out that the dividends would be paid entirely from Apple’s U.S. cash, which means the $54 billion Apple has stashed in foreign countries will stay there. Oppenheimer explained that “repatriating cash from overseas would result in significant tax consequences under U.S. law.”

He’s not kidding! CTJ has estimated that Apple has paid a tax rate of just over three percent on this stash of “foreign” earnings, a clear indicator that much of this cash is likely parked in offshore tax havens and has never been taxed by any government. If Apple brought this cash back to the U.S., they’d likely pay something close to the 35 percent corporate tax rate that the law prescribes. The resulting $17 billion tax payment would be more than double the $8.3 billion in federal taxes that Apple has paid on its $83 billion in worldwide profits – over the last 11 years.

Apple is part of the Win America Coalition that’s been lobbying hard for a repatriation holiday (a.k.a. tax amnesty) which would allow them to bring back those unrepatriated profits at a super-low tax rate. But that would only encourage U.S. multinational corporations to shift even more profits offshore in anticipation of the next holiday.

Apple’s CFO was astonishingly blunt: “we do not want to incur the tax cost.”  Rather than shirking its basic obligation to help pay for the public goods that contribute to its extraordinary success, Apple’s executives might want to “think different” about its tax dodging ways before its devoted consumers start thinking differently about their favorite high-tech brand.

Photo of Apple Logo via Marko Pako Creative Commons Attribution License 2.0

Quick Hits in the State News: Taxes Don’t Scare Millionaires, and More

A new report from the Political Economy Research Institute at UMass Amherst examines the research on potential responses to states raising taxes on wealthy households.  They conclude that while it can lead to tax planning changes among the more affluent, a permanent reasonable tax increase will improve a state’s revenue picture and, contrary to conventional wisdom, will not cause wealthy residents to flee to lower tax states.

Legislation pending in Maryland would require the state to evaluate whether its tax credits are achieving the goals for which they were enacted.  The vast majority of states still have no system in place for determining the costs and benefits of tax credits.  As in Oregon, the legislation would use sunset provisions (or expiration dates) to force lawmakers to review the evaluations before allocating more funds.  The Institute on Taxation and Economic Policy (ITEP) has a policy brief on accountability in tax credits and testified in support of a similar bill in Rhode Island last year.

The grassroots group Alabama Arise is getting positive news coverage for a rally they organized in Montgomery last week calling on lawmakers to exempt groceries from the sales tax and replace the revenue by eliminating a tax break that primarily benefits the wealthiest Alabamians.

In response to Ohio Governor John Kasich’s proposal to cut income taxes (paid for by increased taxes on gas mining) Policy Matters Ohio released a brief showing that Ohioans in the top one percent would get an annual tax cut of about $2,300 while middle income Ohioans ($32,000 to $49,000) would only get about $42.  Meantime, the powerful House Finance Chairman, Rep. Ron Amstutz, is postponing action on the Governor’s proposal, saying, “the more the members of our caucus have learned about this particular proposal, the more concerned I’ve become that there are key questions that cannot be sufficiently answered and resolved within the available legislative time frame.”

Loopholes for Sale: Campaign Contributions by Corporate Tax Dodgers

March 21, 2012 12:11 AM | | Bookmark and Share

Recent polls show a large majority of Americans, including small business owners, are convinced that profitable corporations are not paying enough in taxes. Citizens for Tax Justice and U.S. PIRG’s Loopholes for Sale pursues the intersection of corporate campaign contributions to members of Congress and the absence of Congressional action to close corporate tax loopholes and raise additional revenue from corporate taxes.

The report includes the following findings:

  • 280 profitable Fortune 500 companies collectively received $223 billion in tax breaks between 2008 and 2010 while contributing $216 million to Congressional candidates over the last four election cycles.
  • The thirty most aggressive tax dodging corporations—dubbed the “Dirty Thirty”— collectively paid a negative tax rate between 2008 and 2010 while spending $41 million on Congressional campaign contributions.
  • Of the 534 current members of Congress, 524(98 percent) have taken a campaign contribution from one or more of these thirty corporations since the 2006 election cycle.

Full Report Here

Read Our Press Release With Key Findings

Check Out the Special Report Landing Page


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New Analysis: Idaho House Tax Plan Stacked in Favor of the Wealthy

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Talk about wrong priorities.  Earlier this month the Idaho House of Representatives approved a bill that hands the state’s wealthiest 1 percent a tax cut of about $2,600, while giving more than 80 percent of Idaho families precisely nothing.

In a new analysis, the Institute on Taxation and Economic Policy (ITEP) estimates that over half of the plan’s benefits would flow to the richest one percent of taxpayers, and four-fifths of the benefits would go to the best-off five percent of Idaho residents.

While it might seem like a bill stacked so blatantly in favor of the wealthy would be a tough sell in an election year, it actually has a real chance of passage.  The bill passed the House by a convincing 49-20 margin, it’s a top priority of Governor Butch Otter, and the state’s business lobbyists are tickled pink, referring to the cut as “manna from heaven.”

Fortunately, the plan does have some influential opponents.  The Chair of the House tax-writing committee complained about the long-term affordability of the plan, saying “That’s one-time money that we’re doing ongoing tax relief with…I don’t think it works.”  Meanwhile, the chair of the Senate’s tax committee is also cool to the idea, thanks in part to the very minimal (or even nonexistent) benefits it would provide to most families.

Supporters of the bill have predictably tried to rationalize its lopsided impact by claiming it will benefit the state’s economy, but as ITEP and Idaho-based analysts have pointed out, these claims amount to little more than a modern day snake oil sales pitch.

Oklahoma Lawmakers Bent on Cutting Taxes for the Rich

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Oklahoma lawmakers are intent on taking an axe to the state’s only major progressive revenue source: the personal income tax.  Last week the Oklahoma House and Senate passed a variety of bills cutting or repealing the tax, and negotiations on a final package could begin in as little as two weeks.

As the Institute on Taxation and Economic Policy (ITEP) and the Oklahoma Policy Institute (OKPolicy) have pointed out, all of the proposals being considered would greatly increase the unfairness of Oklahoma’s tax code without benefiting the state’s economy.

But from a political perspective, perhaps the biggest obstacle standing in the way of Arthur Laffer’s agenda is how to pay for deep cuts to (or total elimination of) a tax that provides one-third of all state revenue.  Originally, lawmakers were optimistic that they could repeal special business tax breaks, breaks for senior citizens, and tax credits for the poor in order to partially fund a large cut in the state’s top tax rate.  But lobbyists representing senior citizens and businesses have talked many lawmakers out of that approach.  The more likely outcome now might be a slightly scaled-back package paid for with deep spending cuts and higher taxes on the poor.

The final outcome is far from certain, but it will likely be ugly as long as lawmakers continue to ignore the reality that income tax cuts won’t help the state’s economy, and that Oklahoma’s richest taxpayers already face an effective tax rate equal to just half of what the poor pay.

Photo of Oklahoma Capitol Dome via BJ McCray Creative Commons Attribution License 2.0