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A recent commentary on business tax policy by Richard Rubin in the Wall Street Journal had some very glaring errors and suggestive, misleading language.
For instance, Rubin discusses inversions in a way that makes them sound unjust and problematic –calling them a “discrete business-tax problem” that Congress has been unable to properly address. However, this is a patently false statement. Business inversions are perfectly legal, and sometimes the only just remedy for an anti-business climate that unfairly disadvantages American companies abroad by demanding both domestic and foreign tax revenue.
He later goes on to suggest that ultimate question plaguing and dividing Congress is: “Is the U.S. collecting enough money from wealthy individuals?” But when did class warfare become the driving force for government and economic decisions? Why is this the lens by which so many view various policies? Such a question is absolutely ridiculous to even consider. Why is the U.S. in the business of “collecting enough money” from “wealthy individuals?”
Thomas Sowell said it best when he remarked, “I have never understood why it is “greed” to want to keep the money you have earned but not greed to want to take somebody else’s money.” Such a question posited by Rubin is outrageously greedy.
His description of the 1986 IRC reforms was a total mischaracterization. Rubin writes, ”
“Until 1980, when the top individual rate was 70% and the corporate rate was 46%, the two systems were largely separate. Big businesses paid the corporate income tax, then when shareholders got capital gains or dividends, they paid again on the same profits. Small businesses paid as individuals.
The 1986 tax overhaul flipped that calculation, dropping the top individual tax rate to 28% and the corporate rate to 34%. New businesses saw little reason to become traditional C corporations that pay the corporate tax–unless they planned to go public. That has left the corporate tax as the domain of the largest companies. Meanwhile, states liberalized business-formation laws and Congress loosened eligibility rules for S corporations that don’t pay the corporate tax.”
Yet it’s he’s not exactly correct. With the IRC reforms of 1986, Reagan reduced the tax rates to 28% in exchange for getting rid of the tax shelters. As a result, the amount of federal income collected was more at 28% and a clean tax code than at 70% and 91% and tax shelters, because at 28%, it really wasn’t worth the time, cost, and effort to hide money.
Rubin also fails to explain the egregious set up for corporate taxes known as “double taxation.” It is
THE reason why these businesses file as non-corporate entities — so that they can avoid it. Here’s how it works:
Some companies, say a Fortune 500, pay taxes at corporate rates. The highest corporate rate is 35%. Right now, if a corporation pays taxes and reinvests its profits, there is no extra tax. But if it profits are given to the owner, they are taxed again on that amount–- which is knows as double taxation. Those business owners who wish to avoid the double taxation instead pay at individual rates, the highest of which is now 39.6% (which surpasses the corporate tax rate.)
Rubin mocks this set-up, writing “still, many pass-throughs think they are disadvantaged because the top individual rate of 39.6% exceeds the 35% corporate rate.” But they are disadvantaged. Why should businesses be taxed twice, anyway? Trying to circumvent an unfair, heavy handed tax-code on one end results in being penalized by a higher margin at the other end.
We get a further glimpse at what is driving some tax overhaul proposals. Orrin Hatch has suggested eliminating the second layer of “double taxation,” which is somewhat dismissed by Rubin when he points out that some situations might “exempt more income than necessary.” Getting enough revenue, then, is still the key driver at least on the Democrat side. This is reiterated a paragraph later when Rubin reveals that another overhaul proposal, to “deduct capital costs immediately and get a 25% rate” is also unacceptable — because “Democrats won’t tolerate the foregone revenue–and benefit to high-income households–tied to those plans.”
Why is getting enough revenue, and getting it from high-income households, the motivating force behind tax proposals these days? Why are so-called economists and analysts yielding to these class-warfare and fair share litmus tests when pontificating on tax policy? Businesses are the backbone of our country. Policy should focused on growing the economy, not punishing those who are successful. How can we honestly and morally consider taking more money from those taxpayers and business owners who have been able to create wealth and employment successfully — and just give it to the government and politicians who manage to continuously and egregiously squander income?
Rubin’s erroneous analysis was a disappointment to read in the pages of the Wall Street Journal.
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New Jersey governor Chris Christie has announced his endorsement of Donald Trump for President. Is he really so clueless? Perhaps he is just so annoyed because he lost to the real candidates that he is having a temper tantrum.
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The Government Accountability Office (GAO) released a new study that monitored Obamacare subsidy payments. The results are sobering; billions in payments were made to individual Obamacare users which may have been the result of fraud.
The Centers for Medicare and Medicaid Services (CMS) uses information from three agencies in order to verify Obamacare eligibility; they are the IRS, DHS, and SSA. But if there are inconsistencies within the data, the system doesn’t necessarily catch them, resulting in the misallocations. From the report:
“About 431,000 applications from the 2014 enrollment period, with about $1.7 billion in associated subsidies for 2014, still had unresolved inconsistencies as of April 2015—several months after close of the coverage year.”
These findings correspond to other reports over the last couple of years which found similar problems. They were summarized by ATR, below:
- “An auditor’s report examining Minnesota’s Obamacare exchange found the exchange enrolled more than 100,000 individuals who were ineligible for the program. In all, the audit estimated an error rate of close to 50 percent, and the state overpaid up to $271 million over the five-month period that was analyzed by auditors.
- A December 2015 report by the Health and Human Services Inspector General (HHS OIG) found that CMS relied entirely on data from health insurers to verify whether enrollees had paid their premiums and were eligible. However, this data was completely insufficient – insurers provided payment information on an aggregate rather than enrollee-by-enrollee basis, making verification all but impossible.
- A October 23, 2015 report by GAO found that Obamacare exchanges (both state and federal) were failing to verify key enrollment information of applicants including Social Security numbers, household income, and citizenship.
- A September 1, 2015 report by the Treasury Inspector General for Tax Administration (TIGTA) found that Obamacare exchanges are failing to provide adequate enrollment information to the IRS for proper payment and verification of tax credits.
- An August 2015 report by HHS OIG found that the federal exchange is failing to verify Social Security numbers, citizenship, and household income of Obamacare applicants. As a result, the exchange is unable to verify whether applicants are properly receiving tax credits.
- A July 16, 2015 audit by GAO found that 11 of 12 fake ‘test’ applicants received coverage for the entire 2014 coverage period despite many using fraudulent documents, and others providing no documentation at all. From these 11 applicants alone, Healthcare.gov paid $30,000 in tax credits.
- A June 16, 2015 report released by the HHS OIG found that $2.8 billion worth of Obamacare subsidies and payments had been made in 2014 without verification.
- A June 10, 2015 TIGTA report found the IRS failed to properly administer nearly $11 billion in Obamacare tax credits.
- A May 21, 2015 report by TIGTA found that the IRS failed to test Obamacare processing and verification IT until a week before the filing season began.”
How much more mismanagement can we take? This latest report is just one of many highlighting the string of Obamacare failures — unfortunately at the expense of the taxpayer once again.
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On January 28, 2016, the Wall Street Journal ran a press release from August 10, 2004 in their “Notable & Quotable” section. The press release was fascinating, both in subject and source. The release, from the University of California, Los Angeles, announced the results of a study on the Great Depression, and found that government interference in the economy hampered and prolonged the Depression recovery.
As UCLA is not really considered a bastion of conservative or economic thought, the fact that such a study emerged is quite important — and obviously respected enough that the WSJ chose to re-run it in their pages. It echoes of Amity Schlaes important book on the topic, “The Forgotten Man.” It also resonates as a parallel to our current economic slump and anemic recovery.
I went digging for the original press release , and was eventually able to find it. The release discusses the study and its conclusions more in depth. I have reprinted the release below, in its entirety.
From a University of California, Los Angeles news release, Aug. 10, 2004:
“Two UCLA economists say they have figured out why the Great Depression dragged on for almost 15 years, and they blame a suspect previously thought to be beyond reproach: President Franklin D. Roosevelt.
After scrutinizing Roosevelt’s record for four years, Harold L. Cole and Lee E. Ohanian conclude in a new study that New Deal policies signed into law 71 years ago thwarted economic recovery for seven long years.
“Why the Great Depression lasted so long has always been a great mystery, and because we never really knew the reason, we have always worried whether we would have another 10- to 15-year economic slump,” said Ohanian, vice chair of UCLA’s Department of Economics. “We found that a relapse isn’t likely unless lawmakers gum up a recovery with ill-conceived stimulus policies.”
In an article in the August issue of the Journal of Political Economy, Ohanian and Cole blame specific anti-competition and pro-labor measures that Roosevelt promoted and signed into law June 16, 1933.
“President Roosevelt believed that excessive competition was responsible for the Depression by reducing prices and wages, and by extension reducing employment and demand for goods and services,” said Cole, also a UCLA professor of economics. “So he came up with a recovery package that would be unimaginable today, allowing businesses in every industry to collude without the threat of antitrust prosecution and workers to demand salaries about 25 percent above where they ought to have been, given market forces. The economy was poised for a beautiful recovery, but that recovery was stalled by these misguided policies.”
Using data collected in 1929 by the Conference Board and the Bureau of Labor Statistics, Cole and Ohanian were able to establish average wages and prices across a range of industries just prior to the Depression. By adjusting for annual increases in productivity, they were able to use the 1929 benchmark to figure out what prices and wages would have been during every year of the Depression had Roosevelt’s policies not gone into effect. They then compared those figures with actual prices and wages as reflected in the Conference Board data.
In the three years following the implementation of Roosevelt’s policies, wages in 11 key industries averaged 25 percent higher than they otherwise would have done, the economists calculate. But unemployment was also 25 percent higher than it should have been, given gains in productivity.
Meanwhile, prices across 19 industries averaged 23 percent above where they should have been, given the state of the economy. With goods and services that much harder for consumers to afford, demand stalled and the gross national product floundered at 27 percent below where it otherwise might have been.
“High wages and high prices in an economic slump run contrary to everything we know about market forces in economic downturns,” Ohanian said. “As we’ve seen in the past several years, salaries and prices fall when unemployment is high. By artificially inflating both, the New Deal policies short-circuited the market’s self-correcting forces.”
The policies were contained in the National Industrial Recovery Act (NIRA), which exempted industries from antitrust prosecution if they agreed to enter into collective bargaining agreements that significantly raised wages. Because protection from antitrust prosecution all but ensured higher prices for goods and services, a wide range of industries took the bait, Cole and Ohanian found. By 1934 more than 500 industries, which accounted for nearly 80 percent of private, non-agricultural employment, had entered into the collective bargaining agreements called for under NIRA.
Cole and Ohanian calculate that NIRA and its aftermath account for 60 percent of the weak recovery. Without the policies, they contend that the Depression would have ended in 1936 instead of the year when they believe the slump actually ended: 1943.
Roosevelt’s role in lifting the nation out of the Great Depression has been so revered that Time magazine readers cited it in 1999 when naming him the 20th century’s second-most influential figure.
“This is exciting and valuable research,” said Robert E. Lucas Jr., the 1995 Nobel Laureate in economics, and the John Dewey Distinguished Service Professor of Economics at the University of Chicago. “The prevention and cure of depressions is a central mission of macroeconomics, and if we can’t understand what happened in the 1930s, how can we be sure it won’t happen again?”
NIRA’s role in prolonging the Depression has not been more closely scrutinized because the Supreme Court declared the act unconstitutional within two years of its passage.
“Historians have assumed that the policies didn’t have an impact because they were too short-lived, but the proof is in the pudding,” Ohanian said. “We show that they really did artificially inflate wages and prices.”
Even after being deemed unconstitutional, Roosevelt’s anti-competition policies persisted — albeit under a different guise, the scholars found. Ohanian and Cole painstakingly documented the extent to which the Roosevelt administration looked the other way as industries once protected by NIRA continued to engage in price-fixing practices for four more years.
The number of antitrust cases brought by the Department of Justice fell from an average of 12.5 cases per year during the 1920s to an average of 6.5 cases per year from 1935 to 1938, the scholars found. Collusion had become so widespread that one Department of Interior official complained of receiving identical bids from a protected industry (steel) on 257 different occasions between mid-1935 and mid-1936. The bids were not only identical but also 50 percent higher than foreign steel prices. Without competition, wholesale prices remained inflated, averaging 14 percent higher than they would have been without the troublesome practices, the UCLA economists calculate.
NIRA’s labor provisions, meanwhile, were strengthened in the National Relations Act, signed into law in 1935. As union membership doubled, so did labor’s bargaining power, rising from 14 million strike days in 1936 to about 28 million in 1937. By 1939 wages in protected industries remained 24 percent to 33 percent above where they should have been, based on 1929 figures, Cole and Ohanian calculate. Unemployment persisted. By 1939 the U.S. unemployment rate was 17.2 percent, down somewhat from its 1933 peak of 24.9 percent but still remarkably high. By comparison, in May 2003, the unemployment rate of 6.1 percent was the highest in nine years.
Recovery came only after the Department of Justice dramatically stepped up enforcement of antitrust cases nearly four-fold and organized labor suffered a string of setbacks, the economists found.
“The fact that the Depression dragged on for years convinced generations of economists and policy-makers that capitalism could not be trusted to recover from depressions and that significant government intervention was required to achieve good outcomes,” Cole said. “Ironically, our work shows that the recovery would have been very rapid had the government not intervened.”
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I have written numerous articles over the year about the onerous, destructive practice of IRS asset forfeiture cases. Basically, the IRS has been leveraging laws intended to target money launderers and criminals in order to seize the bank accounts of business owners who make one or more deposits of $10,000 cash. Time after time, these cases showed the circumstances were not criminal, and yet citizens spent months and even years trying to get their hard-earned money back.
In 2014, after a series of high-profile cases outlined the outrageous behavior, the IRS announced it would restrict its practice to situations in which the person is suspected of criminal activity; subsequently, the DoJ issued a change as well, saying that they would devote themselves only to the “most serious illegal banking transactions.”
While these changes are a step in the right direction, they still left behind a trail of cases that severely disrupted the work and lives of many Americans. Remember, money was seized time after time for years — usally without any charges ever brought forth, only the suspicion of possible “illegal activity” for merely depositing large sums of money.
Some of the tactics involved in the practice of asset seizure involve the government offering a “settlement” to the business owners, returning to them only a portion of their hard-earned money, which keeping the rest for their coffers. Many people — for fear of government or lack of funds for representation — chose the path of settlement to be able to move on with their lives and have some money back in their accounts.
Two asset forfeiture cases have emerged recently where both parties are requesting restitution. The first cases involves trying to recover the portion of the money that the government kept as part of the settlement; the second cases requests the full portion that was seized after the party involved unknowingly signed away his account when visited by IRS agents.
In the first case, due to “a prior settlement with the government, Randy and Karen Sowers, who own South Mountain Creamery in Middletown, Maryland, got back a portion of the seized money, around $33,500. Now in a new letter filed this week to the Justice Department, a nonprofit organization that has has been working with the farmers is helping in the fight to get back the rest of the couple’s money — $29,500 — despite the prior settlement.
Randy Sowers said his bank teller initially suggested that his wife keep deposits under $10,000 to avoid time-consuming paperwork at the bank. “We thought it was very legitimate,” he said. Karen Sowers initially wanted to deposit $12,000 earned from a weekend farmer’s market. “If I wanted to hide it, I would have put it in a can. We have trouble paying our bills and don’t need the government coming and taking money from us.”
Despite settling previously with the government, the Sowerses and Johnson say they are owed all of the assets, and initially had to settle for fear of losing the full amount seized and potentially more assets.
Congress has even gotten into the fray. The House Ways and Means Subcommittee on Oversight took up the Sowers case, and asked the Treasury Department to review similar cases.”
The related cases include Khalid “Ken” Quran, who owns a convenience store in Greenville, North Carolina. He had more than $150,000 seized in June 2014 after he unknowingly agreed to forfeit his bank account when IRS agents visited his store, accusing him of skirting reporting laws. Quran denies the charges.
“He said, ‘You need to sign a paper,’ and I told him my English is not right,” said Quran, an immigrant from the Middle East. “Then he read it to me like you would read the newspaper and said you need to sign it.” Quran said he did nothing wrong. “No bank told me that. No bookkeeper told me that,” he said.
He has not received any of his money back, and the Institute for Justice has also filed a petition on Quran’s behalf. On Tuesday, the legal nonprofit send a letter to the IRS, asking for his petition to be reviewed.”
The IRS and Department of Justice should work immediately to make these cases, and possibly others, correct again. The seizures, as they were practiced prior to the changes made in 2014, were egregious and improper.
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President Obama’s final budget was submitted today, a $4.1 trillion millstone for American taxpayers. The budget was chock full of tax hikes in order to fund Obama’s pet projects, and “proposed investments in infrastructure, cyber security, education, and job growth.” The FY2017 budget has an $503 billion deficit, which would follow the heels of the projected budget deficit for the current FY2016, $616 billion.
Highlights from the bill include:
— $11 billion for the Departments of Defense and State to fight Islamic State militants and stabilize Syria
— $19 billion for cyber security investments across the U.S. government
— a $10.25 per barrel tax on imported and domestically produced oil to fund transportation infrastructure such as mass transit and high speed rail
— eliminating including the “carried interest” loophole allowing investment fund managers to treat income as capital gains
— impose the “Buffett Rule” to ensure that millionaires pay a tax rate of no less than 30 percent of their income after charitable contributions
— a new fee on the liabilities of the largest banks that would raise $111 billion over 10 years and discourage excessive leverage in the financial system.
— $152 billion for research and development
On the cost savings side, Obama’s budget seeks to reduce deficits by $2.9 trillion over the next decade. “The budget forecasts that deficits would average 2.5 percent of U.S. economic output over 10 years compared to about 4.0 percent in the Congressional Budget Office’s estimate, which is based on existing tax and spending laws.”
From the looks of this budget, President Obama clearly foresees or at least champions a Bernie Sanders presidency. Big tax increases on the wealthy are predictable, but the proposed bank “fee” is a new concept. It’s the last gasp of a failed presidency mired by economic illiteracy.
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The IRS announced this morning that a hardware failure occurred sometime yesterday afternoon; because of this, tax processing systems are not currently not functioning correctly.
As a result of the failure, the IRS is unable to accept tax returns filed electronically, and may also have difficultly processing refunds; however, they do not believe that “major disruptions” will occur long-term. By-and-large, 90% of taxpayers should still be able to get their refunds within 21 days.
If you visit IRS.gov, the website is up and running by some features are unavailable, such as “Where’s My Refund?” The outage will likely continue throughout the day today. Taxpayers who use services and companies that file their electronic return will see their return filing on hold until the system is properly restored.
UPDATE:
E-filing had been restored but the cause remains unknown. The IRS has assured taxpayers that hackers don’t appear to be involved; an IRS spokesman said it looked to be a “power or electrical issue” but did not provide any more substance on the matter.
According to Bloomberg, “The system failure occurred at a center in West Virginia, according to the person with knowledge off the matter. Agency officials were trying to determine if any other facilities were affected.
The IRS website lists several facilities in West Virginia; it wasn’t clear which might have been affected. IRS sites there include at least two “enterprise computing centers” in Martinsburg and Kearneysville and the Beckley Finance Center in Beckley. The finance center, part of the IRS’s chief financial office, processes payments for manual transactions and electronic payment files and helps handle the agency’s general ledger, according to the website.”
The IRS is sure to argue that budget cuts are the reason why such an episode occurred, as basic taxpayer functions have eroded over the past few years. Of course, the IRS scandals that continue to plague the agency don’t help improve its image.
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I like CNSNews, because they provide straightforward number-crunching on fiscal minutia that is tedious yet important data. This week as we enter the 8th year of Obama’s term, they have calculated that federal debt has increased more than $70,000 per household during the 7 years Obama has held office thus far.
From CSNNews:
“The debt of the federal government increased by $8,314,529,850,339.07 in President Barack Obama’s first seven years in office, according to official data published by the U.S. Treasury.
That equals $70,612.91 in net federal borrowing for each of the 117,480,000 households that the Census Bureau estimates were in the United States as of September.
During President George W. Bush’s eight years in office, the federal debt increased by $4,899,100,310,608.44, according to the Treasury. That equaled $44,104.65 in net federal borrowing for each of the 111,079,000 households that, according to the Census Bureau, were in the country as of Jan. 20, 2009, the day that Bush left office and Obama assumed it.
In the fifteen years from the beginning of Bush’s first term to the end of Obama’s seventh year in office, the federal debt increased $13,213,630,160,947.51.
That $13,213,630,160,947.51 increase in the debt during the Bush-Obama years equals $112,219.57 for each of the 117,748,000 households that were in the country as of September.
When Bush took office on Jan. 20, 2001, the federal debt was 5,727,776,738,304.64. When Obama took office eight years later, on Jan. 20, 2009, the federal debt was 10,626,877,048,913.08.
As of Jan. 20, 2016, when Obama completed his seventh year in office, the federal debt was $18,941,406,899,252.15.
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On Wednesday, January 6, Mayor DeBlasio proclaimed a $15/hr minimum wage for the public workers in New York City. The cost for such a plan is expected to be more than $200 million over the next five years. Both De Blasio and Gov. Cuomo seem intent on playing the role of wage-crusader during their respective terms — but only for some New Yorkers.
Just like DeBlasio, Gov. Cuomo announced in early January that “he would provide a $15-an-hour minimum wage to some 28,000 state university workers.” And last November, “the governor made New York the first state to set a $15 minimum wage for public employees; he also took steps to secure $15 an hour for workers at fast-food chain restaurants.” DeBlasio, too, has sought other ways to provide more generous benefits. Late in December, he announced that NYC “would begin offering six weeks of paid parental leave to 20,000 city employees.”
The problem is that these minimum wage hikes not only add to the budget woes, it also creates inequalities between the public and private sector (except for fast-food workers). How is it good for New York that a McDonald’s open next door to a pizza shop with a $5 minimum wage difference? And how can Cuomo attract more businesses to New York state with costs that are already the highest in the entire country — when he is going to make them even higher?
Here in New York City, a minimum wage hike for public workers would mean that New York City will pay more for its labor than it currently has calculated to pay, in order to produce the exact same product or services. Looked at it another way, to then keep to the operating budget, NYC will get less goods and services for the taxes it receives. This would result in a bigger budget deficit — because of having to spend more overall to maintain the current goods and services.
Minimum wage hikes no one anyone except the pockets of the public sector workers, while pushing the budget on an even more unsustainable trajectory. The rest of the taxpayers will be expect to either 1) have yet another tax increase in the near future or 2) see diminished services. Neither of these scenarios benefits New Yorkers.
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Government wage increases vastly outpaced the public sector, and the number of government jobs have soared. For the federal government alone, there are 2.1 million workers, “costing over $260 billion in wages and benefits this year.” according to recent data analysed by the US Bureau of Economic Analysis (BEA).
There is no justification for government workers to earn more than the private sector. What was once a noble profession — the idea of ‘public service’ — has been replaced by as system that allows for and encourages the economic imbalance because the government is not market-driven. Structures such as arbitration and non-firing allow public service employees to continue to receive their benefits and artificial pay raises regardless of the outside economic conditions.
Because of this, public sector wages eventually exceed the normal market-based wages. Negotiations in the public sector should never be “how much of an increase will I receive from before”, but rather, “can we justify these wages and benefits at all?” We should not be paying more than the private sector, which responds and adjusts to the mitigating economic factors; the government does not, and the result is what we see today: sprawling wages, busted pensions, and bloated budgets.
In essence, government workers have stronger job security because they are not dependent on the economy to keep them going. What’s even more sobering is the fact that the private sector marketplace is beginning to lose the best and brightest people, because the government is paying more, and providing employment with better benefits. This will have long-lasting detrimental effects. It was never intended for the government to compete with the private sector. This phenomenon has turned the entire system on its head.
