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FAQs: Taxes


Taxes and the Economy

IMPORTANT MESSAGE: We have compiled the list of questions below based on inquiries that we receive. This information is generic in nature regarding tax policy questions and is NOT intended to serve as tax advice. We also cannot provide up-to-date information on any Administration or Congressional proposals that may affect the information shown herein. Any questions regarding specific tax situations or for help in filling out your tax return should be directed to your attorney, accountant or other tax professional, or to the Internal Revenue Service. The IRS will not comment, though, on the legislative merits of current tax law, or on pending Congressional action that may change the tax code. Finally, we make every effort to make certain that the information contained here is accurate, but due to the fluid nature of the legislative process, changes in tax laws may occur that are not reflected here at the time of publication. To the best of our knowledge, this information is accurate.

I earn more than my parents ever dreamed, yet it seems that I pay so much in taxes that they were better off financially. How does my tax bill compare with those of previous generations?

What are marginal income tax rates and why was President Bush so adamant about lowering marginal tax rates in the 2001 tax cut?

What are Capital Gains and why are they taxed at special rates?

If we think some kinds of businesses are better or more important than others, what is wrong with using the tax code to help out those we think are more important?

What is a tax expenditure and what's the difference between a tax expenditure and a tax loophole?


Question I earn more than my parents ever dreamed, yet it seems that I pay so much in taxes that they were better off financially. How does my tax bill compare with those of previous generations?

Answer There is no one answer to this question, because tax burdens depend so much on the individual's personal circumstances. Also, the tax landscape has changed dramatically over the years. For example, income tax rates are much lower today than they were a generation ago, and yet because of changes in the definition of taxable income, individual income tax burdens are often higher than they were 20 or 30 years ago. At the same time, payroll taxes, such as the Social Security and Medicare taxes are much higher today than they once were.

However, it is possible to give a general sense of how the tax burdens have changed over time. One convenient measure is the per capita tax burden. Adjusting for changes in the general price level, the per capita tax burden indicates how much each person in the country would pay in taxes if everyone paid the same amount and how this amount differs today from earlier periods. For example, in 2002 the per capita federal tax burden is expected to reach $6,765. The per capita tax burden reached an all-time high in 2000 at $7,718 (all figures expressed in $2002). In comparison, in 1990 the per capita tax burden stood at $5,523. A generation ago it stood at $4,832. So the per capita tax burden rose by $1,933, or almost 40 percent in a generation, and this is after adjusting for inflation.

As large as it was, the increase in the per capita tax burden throughout the 1980s and 1990s was the norm, not the exception for the century. At the end of the Second World War, it stood at $2,505, up from less than $1,000 at the start of the war. So, while the per capita tax burden has risen 40 percent in a generation, it has risen over seven-fold in three generations.

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Question What are marginal income tax rates and why was President Bush so adamant about lowering marginal tax rates in the 2001 tax cut?

Answer A marginal income tax rate is the tax rate levied on a taxpayer's last dollar of taxable income. This last dollar of income is often called the marginal dollar of income. For example, if an individual earns $25,001 in taxable income, the tax rate imposed on the marginal dollar of income that brings him or her from $25,000 to $25,001 is the marginal tax rate. The federal income tax employs a progressive tax rate schedule, meaning that as an individual's income increases, at certain distinct income levels there is a jump in the marginal tax rate facing the marginal dollar of income. The tax rates are levied on ranges of income, so, for example, an individual earning $6000 faces a 10 percent rate on the full amount, so her tax liability is $600. There is a jump in tax rates as income levels rise about $6,000, which means that if she earns $6,001, then she will owe 15 percent on the last dollar of income. This doesn't mean she owes $900.15 in tax (15 percent of $6,001). The 15 percent rate only applies to the last dollar, so her tax liability is $600.15.

The obvious marginal income tax rates are those found in the tax law itself. For example, the tax code for 2002 specifies marginal tax rates of 10 percent, 15 percent, 27 percent, 30 percent, 35 percent, and 38 percent. One of the complexities of the tax law, however, is that many tax provisions phase out as incomes increase. The $600 child tax credit, for example, phases out at the rate of $50 for every $1,000 of modified adjusted gross income over $110,000. The effect of this phase-out is to create a 5 percent marginal tax rate surcharge over the specified phase-out range. In other words, a taxpayer facing a statutory tax rate of 27 percent actually faces an effective marginal tax rate of 32 percent.

President Bush made reducing marginal income tax rates the centerpiece of his tax program in 2001. The 2001 Economic Growth and Tax Relief Reconciliation Act of 2001 will eventually reduce the top tax rate from 39.6 percent to 33 percent, while reducing other tax brackets by similar proportions. As a historical comparison, these rates remain slightly higher than were enacted in the 1986 Tax Reform Act, and slightly lower than were enacted in the 1981 Economic Recovery Tax Act.

President Bush insisted on lowering marginal tax rates because this is a sure way to strengthen the economy today and into the future. Lower marginal tax rates help to minimize the discouraging effects of the income tax on investment, saving, work effort, and on attaining the American dream generally.

Lower marginal tax rates also reduce the tax barrier to the kinds of economic risk taking, like starting a new business, that produce new jobs and new technologies. When marginal tax rates are relatively high, individuals with a new idea, individuals with a desire to build an economic future for themselves, individuals who want the challenges and rewards of being their own boss, may be discouraged from taking the risks and making the necessary investments. Facing high marginal tax rates they know that even if they succeed, the government will end up taking a greater share of the rewards of their efforts.

The decision to save provides another example of the deleterious effects of high marginal tax rates. There are many reasons to save - for retirement, to build a "rainy day" fund, in anticipation of known future expenses like college tuition or to have a downpayment for a house. Each of these options represents future consumption, so the act of saving today is really the postponement of consumption today.

Most people want to save and most of the time they will have some discretion regarding their level of saving. The amount they save will depend in part on their expected future needs and in part on the return they expect to earn on their saving. If they get a higher return, they are more likely to save more. When marginal tax rates are relatively high, the after-tax return to saving is relatively low, and so the tax code presents a more serious disincentive to save.

High marginal tax rates drain vitality from an economy by reducing the incentives to create, to build, to learn, to work, to save, and to invest. Individuals and businesses respond to opportunities when they are not unduly discouraged. High marginal tax rates discourage these activities; low marginal tax rates unleash the strengths of the economy to generate jobs and prosperity. This is why President Bush and Secretary O'Neil feel so strongly about reducing marginal tax rates.

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Question What are Capital Gains and why are they taxed at special rates?

AnswerA capital gain arises whenever the price of an asset such as a house or shares in a corporation or mutual fund exceeds the asset's purchase price. In other words, if you buy as asset for $100 and sell it sometime later for $150, then your investment has generated a $50 capital gain. Thus, capital gains differ from income in that income represents the return to the use of factors of production such as capital and labor, whereas capital gains represent changes in the market value of capital.

The price of an asset reflects the market's determination of the discounted after-tax stream of income or services the asset is expected to generate over its lifetime. The market price of a house, for example, is determined by the value of the housing services it is expected to provide, after tax and net of operating costs such as electricity costs, and net of maintenance costs. However, because of the time value of money, the value of these future services must be discounted appropriately, in effect, assuring a proper "apples to apples" comparison.

Capital gains arise from many sources. When the general price level increases, for example, asset prices tend to rise by the same amount, giving rise to what are called "inflationary gains". When a corporation earns and accumulates net income prior to distribution as a dividend, share prices increase reflecting these earnings. Asset prices can rise due to a relative scarcity of that type of asset. For example, if a particular neighborhood is desirable and opportunities to build new homes are few, then home prices in that neighborhood are likely to increase.

Capital gains can also arise when individuals and businesses undertake risky investments and those investments succeed, giving rise to what are often called "speculative" gains. Such speculative gains reflect extraordinary returns as might arise, for example, when an individual or group of individuals form a new business to take advantage of a new technology or a new market opportunity.

Capital gains, especially "long-term" capital gains, i.e. those arising from assets held for more than one year, have traditionally been taxed more lightly than income. For example, partly for policy reasons and partly for administrative reasons, capital gains generally have been subject to tax when they are realized, i.e. upon the sale of the asset, rather than as they are accrued. Also, taxpayers have generally been restricted in the amount of capital losses they can apply against taxable income. Further, while most areas of the tax system protect taxpayers from the effects of inflation, taxpayers must pay capital gains tax, or forego capital loss, due to changes in the general price level. Finally, capital gains have traditionally been subject to lower tax rates than regular income.

The lower tax rate on capital gains is justified on many grounds. To begin, capital gains are generally not income in the economic sense of the word, so there is no reason to presume they would be subject to the same rate of tax. Income is the return to the use of factors of production such as capital and labor. In other words, it represents a flow of value to its owner. A capital gain is a change in the value of a stock of an asset. Also, a lower tax rate is intended to provide some relief to the lack of protection against purely inflationary gains.

Third, non-inflationary capital gains often reflect an increase in the future after-tax income accruing to the asset. When the increase in after-tax income is due not to a reduction in the income tax burden but rather to an increase in pre-tax income, the increase in income will result in an increase in income tax liability. For example, suppose an asset is expected to yield $100 annually and indefinitely on a pre-tax basis. If the taxpayer faces a 25 percent tax rate and the discount rate is 7 percent, the asset will give rise to a $25 annual tax liability and the price of the asset will be $1070. Suppose there was a change in the market resulting in an increase in the asset's yield to $120 annually. In this case, the income tax liability will increase to $30 annually, and the price of the asset will increase to $1284. Thus, in those instances where the asset owner really has enjoyed an economic gain, the capital gains tax clearly represents a second level of tax.

Finally, it is generally recognized that a critical source of economic vibrancy that distinguishes the U.S. economy is the ability and willingness of individuals to take economic risks. Part of the willingness to take on these risks is the prospect of enjoying the economic benefits that follow success. These benefits generally manifest themselves in the form of capital gains. The lower the capital gains tax rate, the more the entrepreneurs and inventors of America will apply their energies and talents. Thus, a low capital gains tax rate is vital to maintaining the strength of the economy into the future.

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QuestionIf we think some kinds of businesses are better or more important than others, what is wrong with using the tax code to help out those we think are more important?

AnswerThe one inescapable feature of a modern economy is that every company and every industry operates as part of a complex web of economic relationships. When one industry grows rapidly, it brings along related industries in the chain of production. And when an industry suffers, it pulls down those industries that supply it.

For example, the rapid growth in information technologies (IT) and their powerful effects on raising productivity growth may suggest that computer manufacturers and software and telecommunications companies deserve a special place in our economic policies, including tax policy. However, as important as these industries have become, where would they be without the manufacturers that make the components that go into these technological marvels? How would the manufacturers produce without the machine tool industry and other suppliers that create the machines that make the components? Where would they be without the transportation industry that brings parts and people together and then brings product to consumers? And where would any of them be without the energy industry provided the gas and oil and coal and electricity to run the plants, heat the offices, and move the goods?

The point is that it is very difficult to hold one industry or business sector up as more important than another because they are all so interdependent. It may seem that agriculture is more important than entertainment, and in many poorer countries it obviously is. But in a modern economy such as the U.S. economy, where most citizens can look beyond subsistence and survival to a higher quality of life, entertainment becomes an important feature of the economy.

Government has an important role to play in the economy, but history has shown that when government's role goes from ensuring the strength of economic institutions to director of activities and resources that the results are too often undesirable. When applied to tax policy, this suggests the general rule that taxes should be as neutral as possible with respect to all manner of economic decisions and explicitly should not be tasked with directing economic activity.

Given the proper institutional framework, such as a restrained regulatory environment, flexible labor markets, and ready access to capital, industries that are deemed particularly important or poised for rapid growth will be able to garner the resources to meet opportunity. It is very rare for a government to define such an opportunity before the market can, and virtually unheard of for government to respond more rapidly or more effectively than the market. Further, once a government has become involved in the success of an industry, it is very difficult for the government to know when to pull back again, and even harder as a political matter for government's involvement to cease.

There are, however, certain instances in which a more activist policy is appropriate. This arises, for example, when there is some feature of the marketplace that causes some businesses to operate at suboptimal levels while others receive too much of our national resources. A good example is research and development (R&D). The nation prospers most when there is a free and ready exchange of information and ideas. A problem arises, however, when an individual or business invests in R&D, because if valuable new information results, such as a new manufacturing process, he or she can usually only reap the value of the new information through its exclusive use. If the results of his investment in R&D are valuable and immediately disseminated, then others will apply the new process and the economic advantage will be lost to its developer. This would be good for society and the economy, but bad for the individual who made the investment. Knowing this could be the outcome, the potential investor may well choose not to invest in the R&D in the first place, which means everyone loses out.

Patent and copyright protections were created to protect the proprietary control over new information, and thus they help to address the problems with R&D. However, because information is valuable and easily disseminated, it is impossible and inappropriate to try to preserve its full value to the individual making the original investment. There is, therefore, a conflict between preserving the economic incentive to invest in new R&D and establishing the economically optimal level of information dissemination. One resolution of the problem through the tax system is the R&D tax credit, which seeks in effect to compensate those who would invest in R&D for the dissemination of the results of their investment throughout the economy. Thus, the R&D tax credit, which on its face looks to subsidize an economically preferred activity, actually is a tax policy response to a shortcoming in the marketplace.

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QuestionWhat is a tax expenditure and what's the difference between a tax expenditure and a tax loophole?

AnswerIn general, a tax expenditure is the revenue foregone because a provision of the tax code allows certain taxpayers to pay less tax than they would pay under a specified baseline tax system. In effect, these taxpayers receive a special discount on their tax burdens and the cumulative amount of the discount over all such taxpayers is the tax expenditure.

The Congressional Budget Act of 1974 (Public Law 93-344) defines tax expenditures as:

revenue losses attributable to provisions of the Federal tax laws which allow a special exclusion, exemption, or deduction from gross income or which provide a special credit, a preferential rate of tax, or a deferral of liability.

Tax expenditures are easy to imagine conceptually, but it is far more difficult to define them rigorously and then to make the definition operational so as to estimate them. The problem lies in that tax expenditures are essentially negative deviations from a baseline tax, but the baseline tax is itself undefined. Moreover, assuming the baseline tax is some form of modern income tax, there are a plethora of conceptual issues that make defining a modern income tax baseline problematic.

In contrast to tax expenditures, where there is at least a modicum of theoretical substance to the concept, there is no comparable substantive definition of a "tax loophole". In common parlance, a tax loophole generally refers to any tax provision that allows some taxpayer or group of taxpayers to pay less tax than the speaker believes is appropriate. Like the problem with defining tax expenditures, it is impossible to define a tax loophole with any rigor without first defining the baseline tax system.

Tax expenditures and tax loopholes do have some aspects in common. For example, they both represent a reduction in the amount of tax that would otherwise be collected from a given taxpayer or group of taxpayers. Further, to the extent that each is a negative deviation from a baseline tax system, a tax provision that is labeled a tax expenditure may well be labeled a tax loophole, as well. Finally, both tax expenditures and tax loopholes, however they are defined and however they are calculated, represent decisions by the Congress to express and effect some public policy through the tax code.

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