Impact of the 1994 Assault Weapons Ban on Mass Shootings: An Update, Plus What To Do For a Meaningful Reform

A.  Introduction

An earlier post on this blog (from January 2013, following the horrific shooting at Sandy Hook Elementary School in Connecticut), looked at the impact of the 1994 Federal Assault Weapons Ban on the number of (and number of deaths from) mass shootings during the 10-year period the law was in effect.  The data at that point only went through 2012, and with that limited time period one could not draw strong conclusions as to whether the assault weapons ban (with the law as written and implemented) had a major effect.  There were fewer mass shootings over most of the years in that 1994 to 2004 period, but 1998 and 1999 were notable exceptions.

There has now been another horrific shooting at a school – this time at Marjory Stoneman Douglas High School in Parkland, Florida.  There are once again calls to limit access to the military-style semiautomatic assault weapons that have been used in most of these mass shootings (including the ones at Sandy Hook and Stoneman Douglas).  And essentially nothing positive had been done following the Sandy Hook shootings.  Indeed, a number of states passed laws which made such weapons even more readily available than before.  And rather than limiting access to such weapons, the NRA response following Sandy Hook was that armed guards should be posted at every school.  There are, indeed, now more armed guards at our schools.  Yet an armed guard at Stoneman Douglas did not prevent this tragedy.

With the passage of time, we now have five more years of data than we had at the time of the Sandy Hook shooting.  With this additional data, can we now determine with more confidence whether the Assault Weapons Ban had an impact, with fewer shootings incidents and fewer deaths from such shootings?

This post will look at this.  With the additional five years of data, it now appears clear that the 1994 to 2004 period did represent a change in the sadly rising trend, with a reduction most clearly in the number of fatalities from and total victims of those mass shootings.  This was true even though the 1994 Assault Weapons Ban was a decidedly weak law, with a number of loopholes that allowed continued access to such weapons for those who wished to obtain them.  Any new law should address those loopholes, and I will discuss at the end of this post a few such measures so that such a ban would be more meaningful.

B.  The Number of Mass Shootings by Year

The Federal Assault Weapons Ban (formally the “Public Safety and Recreational Firearms Use Protection Act”, and part of a broader crime control bill) was passed by Congress and signed into law on September 13, 1994.  The Act banned the sale of any newly manufactured or imported “semiautomatic assault weapon” (as defined by the Act), as well as of newly manufactured or imported large capacity magazines (holding more than 10 rounds of ammunition).  The Act had a sunset provision where it would be in effect for ten years, after which it could be modified or extended.

However, it was a weak ban, with many loopholes.  First of all, there was a grandfather clause that allowed manufacturers and others to sell all of their existing inventory.  Not surprisingly, manufacturers scaled up production sharply while the ban was being debated, as those inventories could later then be sold, and were.  Second and related to this, there was no constraint on shops or individuals on the sale of weapons that had been manufactured before the start date, provided just that they were legally owned at the time the law went into effect.  Third, “semiautomatic assault weapons” (which included handguns and certain shotguns, in addition to rifles such as the AR-15) were defined quite precisely in the Act.  But with that precision, gun manufacturers could make what were essentially cosmetic changes, with the new weapons then not subject to the Act.  And fourth, with the sunset provision after 10 years (i.e. to September 12, 2004), the Republican-controlled Congress of 2004 (and President George W. Bush) simply could allow the Act to expire, with nothing done to replace it.  And they did.

The ban was therefore weak.  But it is still of interest to see whether even such a weak law might have had an impact on the number of, and severity of, mass shootings during the period it was in effect.

The data used for this analysis were assembled by Mother Jones, the investigative newsmagazine and website.  The data are available for download in spreadsheet form, and is the most thorough and comprehensive such dataset publicly available.  Sadly, the US government has not assembled and made available anything similar.  A line in the Mother Jones spreadsheet is provided for each mass shooting incident in the US since 1982, with copious information on each incident (as could be gathered from contemporaneous news reports) including the weapons used when reported.  I would encourage readers to browse through the spreadsheet to get a sense of mass shootings in America, the details of which are all too often soon forgotten.  My analysis here is based on various calculations one can then derive from this raw data.

This dataset (through 2012) was used in my earlier blog post on the impact of the Assault Weapons Ban, and has now been updated with shootings through February 2018 (as I write this).  To be included, a mass shooting incident was defined by Mother Jones as a shooting in a public location (and so excluded incidents such as in a private home, which are normally domestic violence incidents), or in the context of a conventional crime (such as an armed robbery, or from gang violence), and where at least four people were killed (other than the killer himself if he also died, and note it is almost always a he).  While other possible definitions of what constitutes a “mass shooting” could be used, Mother Jones argues (and I would agree) that this definition captures well what most people would consider a “mass shooting”.  It only constitutes a small subset of all those killed by guns each year, but it is a particularly horrific set.

There was, however, one modification in the updated file, which I adjusted for.  Up through 2012, the definition was as above and included all incidents where four or more people died (other than the killer).  In 2013, the federal government started to refer to mass shootings as those events where three or more people were killed (other than the killer), and Mother Jones adopted this new criterion for the mass shootings it recorded for 2013 and later.  But this added a number of incidents that would not have been included under the earlier criterion (of four or more killed), and would bias any analysis of the trend.  Hence I excluded those cases in the charts shown here.  Including incidents with exactly three killed would have added no additional cases in 2013, but one additional in 2014, three additional in 2015, two additional in 2016, and six additional in 2017 (and none through end-February in 2018).  There would have been a total of 36 additional fatalities (three for each of the 12 additional cases), and 80 additional victims (killed and wounded).

What, then, was the impact of the assault weapons ban?  We will first look at this graphically, as trends are often best seen by eye, and then take a look at some of the numbers, as they can provide better precision.

The chart at the top of this post shows the number of mass shooting events each year from 1982 through 2017, plus for the events so far in 2018 (through end-February).  The numbers were low through the 1980s (zero, one, or two a year), but then rose.  The number of incidents per year was then generally less during the period the Assault Weapons Ban was in effect, but with the notable exceptions of 1998 (three incidents) and especially 1999 (five).  The Columbine High School shooting was in 1999, when 13 died and 24 were wounded.

The number of mass shootings then rose in the years after the ban was allowed to expire.  This was not yet fully clear when one only had data through 2012, but the more recent data shows that the trend is, sadly, clearly upward.  The data suggest that the number of mass shooting incidents were low in the 1980s but then began to rise in the early 1990s; that there was then some fallback during the decade the Assault Weapons Ban was in effect (with 1998 and 1999 as exceptions); but with the lifting of the ban the number of mass shooting incidents began to grow again.  (For those statistically minded, a simple linear regression for the full 1982 to 2017 period indicates an upward trend with a t-statistic of a highly significant 4.6 – any t-statistic of greater than 2.0 is generally taken to be statistically significant.)

C.  The Number of Fatalities and Number of Victims in Mass Shooting Incidents 

These trends are even more clear when one examines what happened to the total number of those killed each year, and the total number of victims (killed and wounded).

First, a chart of fatalities from mass shootings over time shows:


Fatalities fluctuated within a relatively narrow band prior to 1994, but then, with the notable exception of 1999, fell while the Assault Weapons Ban was in effect.  And they rose sharply after the ban was allowed to expire.  There is still a great deal of year to year variation, but the increase over the last decade is clear.

And for the total number of victims:


One again sees a significant reduction during the period the Assault Weapons Ban was in effect (with again the notable exception of 1999, and now 1998 as well).  The number of victims then rose in most years following the end of the ban, and went off the charts in 2017.  This was due largely to the Las Vegas shooting in October, 2017, where there were 604 victims of the shooter.  But even excluding the Las Vegas case, there were still 77 victims in mass shooting events in 2017, more than in any year prior to 2007 (other than 1999).

D.  The Results in Tables

One can also calculate the averages per year for the pre-ban period (13 years, from 1982 to 1994), the period of the ban (September 1994 to September 2004), and then for the post-ban period (again 13 years, from 2005 to 2017):

Number of Mass Shootings and Their Victims – Averages per Year

Avg per Year




Total Victims
















Note:  One shooting in December 2004 (following the lifting of the Assault Weapons Ban in September 2004) is combined here with the 2005 numbers.  And the single shooting in 1994 was in June, before the ban went into effect in September.

The average number of fatalities per year, as well as the number injured and hence the total number of victims, all fell during the period of the ban.  They all then jumped sharply once the ban was lifted.  While one should acknowledge that these are all correlations in time, where much else was also going on, these results are consistent with the ban having a positive effect on reducing the number killed or wounded in such mass shootings.

The number of mass shootings events per year also stabilized during the period the ban was in effect (at an average of 1.5 per year).  That is, while the number of mass shooting events was the same (per year) as before, their lethality was less.  Plus the number of mass shooting events did level off, and fell back if one compares it to the previous half-decade rather than the previous 13 year period.  They had been following a rising trend before.  And the number of mass shootings then jumped sharply after the ban was lifted.

The data also allow us to calculate the average number of victims per mass shooting event, broken down by the type of weapon used:

Average Number of Victims per Mass Shooting, by Weapon Used

Number of Shootings



Total Victims

Semiauto Rifle Used





Semiauto Rifle Not Used





Semiauto Handgun Used





Semiauto Handgun (but Not Semiautomatic Rifle) Used





No Semiauto Weapon Used





There were 26 cases where the dataset Mother Jones assembled allowed one to identify specifically that a semiautomatic rifle was used.  (Some news reports were not clear, saying only that a rifle was used.  Such cases were not counted here.)  This was out of a total of 85 mass shooting events where four or more were killed.  But the use of semiautomatic rifles proved to be especially deadly.  On average, there were 13 fatalities per mass shooting when one could positively identify that a semiautomatic rifle was used, versus 7.5 per shooting when it was not.  And there were close to 48 total victims per mass shooting on average when a semiautomatic rifle was used, versus 13 per shooting when it was not.

The figures when a semiautomatic handgun was used (from what could be identified in the news reports) are very roughly about half-way between these two.  But note that there is a great deal of overlap between mass shootings where a semiautomatic handgun was used and where a semiautomatic rifle was also used.  Mass shooters typically take multiple weapons with them as they plan out their attacks, including semiautomatic handguns along with their semiautomatic rifles.  The fourth line in the table shows the figures when a semiautomatic handgun was used but not also a semiautomatic rifle.  These figures are similar to the averages in all of the cases where a semiautomatic rifle was not used (the second line in the table).

The fewest number of fatalities and injured are, however, when no semiautomatic weapons are used at all.  Unfortunately, in only 11 of the 85 mass shootings (13%) were neither a semiautomatic rifle nor a semiautomatic handgun used.  And these 11 might include a few cases where the news reports did not permit a positive identification that a semiautomatic weapon had been used.

E.  What Would Be Needed for a Meaningful Ban

It thus appears that the 1994 Assault Weapons Ban, as weak as it was, had a positive effect on saving lives.  But as noted before, it was flawed, with a number of loopholes which meant that the “ban” was far from a true ban.  Some of these might have been oversights, or issues only learned with experience, but I suspect most reflected compromises that were necessary to get anything approved by Congress.  That will certainly remain an issue.

But if one were to draft a law addressing these issues, what are some of the measures one would include?  I will make a few suggestions here, but this list should not be viewed as anything close to comprehensive:

a)  First, there should not be a 10-year (or any period) sunset provision.  A future Congress could amend the law, or even revoke it, as with any legislation, but this would then require specific action by that future Congress.  But with a sunset provision, it is easy simply to do nothing, as the Republican-controlled Congress did in 2004.

b)  Second, with hindsight one can see that the 1994 law made a mistake by defining precisely what was considered a “semiautomatic” weapon.  This made it possible for manufacturers later to make what were essentially cosmetic changes to the weapons, and then make and sell them.  Rather, a semiautomatic weapon should be defined in any such law by its essential feature, which is that one can fire such a weapon repeatedly simply by pulling the trigger once for each shot, with the weapon loading itself.

c)  Third, fully automatic weapons (those which fire continuously as long as the trigger is pulled) have been banned since 1986 (if manufactured after May 19, 1986, the day President Reagan signed this into law).  But “bump stocks” have not been banned.  Bump stocks are devices that effectively convert a semiautomatic weapon into a fully automatic one.  Following the horrific shooting in Las Vegas on October 1, 2017, in which 58 were killed and 546 injured, and where the shooter used a bump stock to convert his semiautomatic rifles (he had many) into what were effectively fully automatic weapons, there have been calls for bump stocks to be banned.  This should be done, and indeed it is now being recognized that a change in existing law is not even necessary.  Attorney General Jeff Sessions said on February 27 that the Department of Justice is re-examining the issue, and implied that there would “soon” be an announcement by the department of regulations that recognize that a semiautomatic weapon equipped with a bump stock meets the definition of a fully automatic weapon.

d)  Fourth, a major problem with the 1994 Assault Weapons Ban, as drafted, was it only banned the sale of newly manufactured (or imported) semiautomatic weapons from the date the act was signed into law – September 13, 1994.  Manufacturers and shops could sell legally any such weapons produced before then.  Not surprisingly, manufacturers ramped up production (and imports) sharply in the months the Act was being debated in Congress, which provided then an ample supply for a substantial period after the law technically went into effect.

But one could set an earlier date of effectiveness, with the ban covering weapons manufactured or imported from that earlier date.  This is commonly done in tax law.  That is, tax laws being debated during some year will often be made effective for transactions starting from the beginning of the year, or from when the new laws were first proposed, so as not to induce negative actions designed to circumvent the purpose of the new law.

e)  Fifth, the 1994 Assault Weapons Ban allowed the sale to the public of any weapons legally owned before the law went into effect on September 13, 1994 (including all those in inventory).  This is related to, but different from, the issue discussed immediately above.  The issue here is that all such weapons, including those manufactured many years before, could then be sold and resold for as long as those weapons existed.  This could continue for decades.  And with millions of such weapons now in the US, it would be many decades before the supply of such weapons would be effectively reduced.

To accelerate this, one could instead create a government-funded program to purchase (and then destroy) any such weapons that the seller wished to dispose of.  And one would couple this with a ban on the sale of any such weapons to anyone other than the government.  There could be no valid legal objection to this as any sales would be voluntary (although I have no doubt the NRA would object), and would be consistent with the ban on the sale of any newly manufactured semiautomatic weapon.  One would also couple this with the government buying the weapons at a generous price – say the original price paid for the weapon (or the list price it then had), without any reduction for depreciation.

Semiautomatic weapons are expensive.  An assault rifle such as the AR-15 can easily cost $1,000.  And one would expect that as those with such weapons in their households grow older and more mature over time, many will recognize that such a weapon does not provide security.  Rather, numerous studies have shown (see, for example, here, here, here, and here) that those most likely to be harmed by weapons in a household are either the owners themselves or their loved ones.  As the gun owners mature, many are likely to see the danger in keeping such weapons at home, and the attractiveness of disposing of them legally at a good price.  Over time, this could lead to a substantial reduction in the type of weapons which have been used in so many of the mass shootings.

F.  Conclusion

Semiautomatic weapons are of no use in a civilian setting other than to massacre innocent people.  They are of no use in self-defense:  One does not walk down the street, or while shopping in the aisles of a Walmart or a Safeway, with an AR-15 strapped to your back.  One does not open the front door to your house each time the doorbell rings aiming an AR-15 at whoever is there.  Nor are such weapons of any use in hunting.  First, they are not terribly accurate.  And second, if one succeeded in hitting the animal with multiple shots, all one would have is a bloody mess.

Such weapons are used in the military precisely because they are good at killing people.  But for precisely the same reason as fully automatic weapons have been banned since 1986 (and tightly regulated since 1934), semiautomatic weapons should be similarly banned.

The 1994 Assault Weapons Ban sought to do this.  However, it was allowed to expire in 2004.  It also had numerous loopholes which lessened the effectiveness it could have had.  Despite this, the number of those killed and injured in mass shootings fell back substantially while that law was in effect, and then jumped after it expired.  And the number of mass shooting events per year leveled off or fell while it was in effect (depending on the period it is being compared to), and then also jumped once it expired.

There are, however, a number of ways a new law banning such weapons could be written to close off those loopholes.  A partial list is discussed above.  I fully recognize, however, that the likelihood of such a law passing in the current political environment, where Republicans control both the Senate and the House as well as the presidency, are close to nil.  One can hope that at some point in the future the political environment will change to the point where an effective ban on semiautomatic weapons can be passed.  After all, President Reagan, the hero of Republican conservatives, did sign into law the 1986 act that banned fully automatic weapons.  Sadly, I expect many more school children will die from such shootings before this will happen.

What a Real Tax Reform Could Look Like – III: A Carbon Tax to Address Climate Change

Source:  James Hansen, Global Temperatures, update of December 18, 2017


A.  Introduction

The final element of a comprehensive tax reform would be a tax to address climate change.  Previous posts have looked at what a true reform of corporate and individual income taxes could look like, plus what could be done to ensure Social Security benefits can continue to be paid in accord with current formulae, and indeed enhanced.  This post will look at a tax on greenhouse gas emissions (commonly called a carbon tax, as carbon dioxide is the primary contributor) to address global warming.

There is no doubt the planet is warming –  the chart above shows the most recent estimates.  And this is primarily due to our economies pouring into the air carbon dioxide and certain other gases (such as methane) that lead to heat being retained by the atmosphere.  These greenhouse gases have warmed the planet, leading to an increased frequency of extreme weather events such as the series of remarkably intense hurricanes that hit the US this August and September.  The cost, already being incurred, has been staggering.  Early estimates of the cost of just Hurricanes Harvey (which hit Texas) and Irma (which hit Florida) reach $290 billion.  Hurricane Maria (which hit Puerto Rico) may have cost Puerto Rico as much as $95 billion according to an early estimate (and this excludes the cost to other Caribbean nations it hit).

As I am writing this (January 3, 2018), record-breaking cold has swept over much of the eastern half of the US.  And it is forecast to get worse over the next few days.  Trump has, not surprisingly, tweeted that this cold shows that global warming is not true.  But this illustrates well his ignorance.  First, there is more to the world than the eastern US.  There is also today unseasonably warm weather in the western US (especially Alaska, relative to what is normal there), as well as in Europe, Russia, and especially Siberia.  Overall, the average global surface temperature today is 0.5 degrees Celsius above the 1979 to 2000 average for this time of year, and 0.9 degrees Celsius above that average in the Northern Hemisphere.  But second, that blast of cold hitting the eastern US should not be taken as a surprising outcome of global warming.  Warming leads to greater volatility in atmospheric currents, including in the jet streams that allow (or block) cold air to come down from the Arctic.

One cannot, of course, attribute with certainty any particular severe weather event (whether hurricanes, extreme hot or cold temperatures, drought or floods, and more) to climate change.  We had severe weather events before global warming became significant.  But the same is true of lung cancer and smoking:  One cannot attribute any individual’s death from lung cancer to his or her smoking.  People died of lung cancer before smoking became common.  The issue, rather, is that smoking increases the likelihood of getting lung cancer.  Similarly, global warming increases the likelihood and hence frequency of severe weather events.

And that is precisely what we have seen.  Severe weather events have increased in number in recent years as the planet has warmed and as climate change models have predicted.  A database maintained by the National Oceanic and Atmospheric Administration (NOAA, the home of the National Weather Service) has kept track since 1980 of the number of weather and climate disasters in the US which each cost $1 billion or more (in 2017 prices).  Over that close to 37 year period the 7 worst years (in terms of the number of such disasters) have all come in the last 10 years (including 2017, which as of end September already had tied the worst full year so far, and will exceed it once fourth quarter data is included).

Global warming, arising from man-made emissions of carbon dioxide (CO2), methane (natural gas), and certain other gases (together, greenhouse gases or GHGs, for the greenhouse effect they cause), is thus imposing a huge cost already on society, and one which will get worse as the planet warms further.  It is thus a mark of confusion to say, as Trump and many Republican politicians have, that we cannot “afford” to address the causes of the warming planet.  We are already bearing the costs, and those costs will get far worse if nothing is done.  The question is whether steps will be taken to reduce those costs by addressing the underlying causes.

The issue is that the costs such GHG emissions cause are not being borne by those who emit those gases.  The emitters of GHGs are in effect being subsidized, and encouraged to burn fossil fuels rather than make use of a cleaner alternative.  And when a producer is not bearing the full cost of what he is producing, it will be badly done.  The key is to charge a tax or fee on such production equal to the cost being imposed on others, so that the producer faces the full cost of what he is making.  The producer will then have a reason to make suitable choices on how the product can be made at the least cost to all.  And consumers, facing the full costs of what they are buying, can then make suitable choices on whether to buy one product or another.

A suitable tax on greenhouse gas emissions would bring prices in line with the total costs being incurred.  A comprehensive tax reform should include this.  And it would be straightforward to implement.  There is indeed a well worked out plan being promoted by a group of traditional Republican conservatives, the Climate Leadership Council, with the active involvement and endorsements of several Treasury Secretaries in past Republican administrations (Hank Paulson, James Baker, and George Schultz); as well as of individuals such as Michael Bloomberg and liberal and conservative economists such as Larry Summers, Martin Feldstein, and Gregory Mankiw; companies such as ExxonMobil, General Motors, and Shell; and environmental organizations such as The Nature Conservancy and Conservation International.

It is a good plan, and I would suggest basically just copying it.  The proposal will be explained below.  A one-page summary of the Climate Leadership Council’s specific proposal is available here, while a more complete description is available here.  A very similar proposal has also been assessed by the US Treasury, with a brief summary of the Treasury analysis available on the Climate Leadership Council website here, while the complete Treasury analysis is available here on the Treasury website (assuming the Trump administration has not taken it down).  The Treasury assessment is excellent, as it reviews precisely how one could implement such a tax, including the practicalities, and arrives at specific quantitative estimates of the impact on different income groups.  The analysis below will basically follow the variant of the plan as assessed by the Treasury.

This post will first provide a description of that plan, how it could be implemented, and what the impact on prices might be.  Importantly, clean alternatives exist for many of the processes which emit GHGs, particularly from the burning of fossil fuels, which thus can be substituted for processes emitting those gases.  This would limit the price impact and smooth the way to sharp reductions in GHG emissions.  Furthermore, a key feature of this plan is that the revenues that would be collected by the carbon tax would all be rebated to the American population.  The final section will discuss this and the distributional implications.  The plan would be revenue neutral – the aim is to change prices so that they fully reflect the costs being incurred, not to raise revenues.  And the rebates would be distributionally positive, with the bottom seven deciles of the population (the bottom 70%) coming out ahead after the rebates.  Only the top three deciles (top 30%) would see a net loss, as a direct consequence of their disproportionate share in consumption of goods that cause the GHG emissions in the first place.

B.  A Carbon Tax to Address Climate Change

In brief, under this proposal a tax would be charged for each unit of GHG pollution emitted.  The Climate Leadership Council would set the tax to start at $40 per ton of CO2, with the taxes on other GHGs set in proportion based on their global warming impact per ton relative to that of CO2.  This is often called simply a carbon tax, although it is in fact a tax on CO2 (carbon dioxide) emissions and on other GHGs in proportion to their global warming impact.  The tax would then rise in real terms over time.  The start date would presumably have been 2018, although this was not explicit (the proposal came out in early 2017).  The Treasury variant examined a price of $49 per ton of CO2-equivalent starting in 2019 (with some phasing in of the goods to which it would apply until 2021), and then increasing at a rate of 2% a year in real terms from 2019.

Importantly, all revenues collected would be returned directly to the American population.  The impact on the federal budget thus would be revenue neutral.  There would also be border adjustments for imports and exports (discussed below).  The Treasury estimates that at $49 per ton, the carbon tax would lead to a rebate in the first year (2019) of $583 per person, or $2,332 for a family of four.  Scaling this in proportion, a $40 per ton carbon tax would lead to a rebate of $476 per person, or $1,904 for a family of four.  And the tax would be highly progressive.  The Treasury estimated that there would on average be net income gains for the bottom 70% of the population.  That is, their rebates would be greater than the higher amounts they would need to spend on goods and services to reflect the cost of the carbon tax.

In more detail, under this plan a price (whether $40 or $49 to start) would be charged which reflects the cost to society of the GHGs being emitted as part of the production process for the good or service being produced.  This is called the “social cost of carbon”, and while the concept is clear, it is difficult in practice to estimate precisely.  Its value will depend on factors which are difficult to know at this point in time, including the full cost to our economies (starting now and extending many decades into the future) as a consequence of climate change, the cost of technologies to limit GHG emissions (again starting now, and then for decades into the future), and the appropriate values for parameters such as the proper discount rate to use to put the costs and benefits over this range of time all into the prices of today.  A fundamental difficulty of GHG emissions is that their impact is not just in the near term, but can extend for centuries.  They remain in the atmosphere for a very long time.

Thus while starting at a reasonable cost of carbon (whether $40 or $49) is important, probably more important is how this price should be adjusted over time to reflect actual experience.  Some predictability in the path is also valuable, so firms can make their investment decisions accordingly.  Thus the Climate Leadership Council plan would have the price rise in real terms over time at some unspecified pace, while the Treasury assessment assumed concretely a rise of 2% a year in real terms.  Such a 2% real increase is reasonable.

One should, however, also recognize the inherent uncertainty, as the proper price on carbon is difficult to know before we have any experience with such a plan.  Thus one should allow for reassessment and adjustment, perhaps every five years or so, with the pace of price adjustment increased or decreased depending on the observed response.  The pace would be raised if we find that GHG emissions are not falling at the pace needed, or reduced if we find GHGs are falling at a more rapid pace than anticipated and needed.  Past experience with market mechanisms to reduce pollution (in particular the use of trading schemes to reduce sulfur dioxide and nitrogen oxides pollution) worked surprisingly well, with costs well below what had been anticipated and what would have been incurred through traditional regulatory regimes.  The same would be likely, in my view, if we would start to price GHG emissions.

Pricing GHG emissions is also relatively straightforward administratively for the bulk of GHG sources.  Fully 76% of GHG emissions in the US come from the burning of fossil fuels.  This rises to 83% if one adds in the emission of GHGs in the production of the fossil fuels themselves (at the mine or well-head) plus from the non-energy use of fossil fuels.  The carbon tax thus could be applied at the level of the limited number of power plants that still burn coal; at the level of petroleum refineries where substantially all crude oil must be processed; and at the level of gas pipelines as substantially all natural gas is transported via pipelines.  A limited number of industrial plants then account for a significant share of the remainder.  These include from the use of coking coals in the production of iron and steel; from the production of petrochemicals such as plastics; and GHGs resulting from the production of cement, glass, limestone, and similar products.  For these, it would be straightforward to apply a carbon tax at the factory or plant level.  There would remain GHG emissions from a range of resources, including in particular in agriculture (accounting for about 8% of GHG emissions in the US), and the Treasury analysis assumes the carbon tax would not apply to those sources.  But they are a small share of the total, and an issue one could address in the future.

A key part of the plan is that there would also be a border tax adjustment, where exports would receive a rebate for the carbon taxes paid on their production, while imports would be charged a carbon tax based on the GHGs emitted in their production.  The rebate for exports means that US production would not be disadvantaged by being located here, and there would be no incentive from this source to move such plants abroad.  This addresses the Trump criticism (and confusion) that such carbon taxes will make US industry uncompetitive.  And imports would be charged a carbon tax based on their GHG emissions to the extent such imports do not already reflect such charges (which would likely be the case, as they too would likely be given rebates in their home countries on carbon taxes paid, just as US exports would be).

A feature of this border tax adjustment is that revenues for the US would be generated (and rebated to the US population) in the case where other countries are not themselves charging a carbon tax (or the equivalent, such as in a cap and trade system), but also (given the US trade structure) even when they are.  In the first case, where other countries are not at first themselves charging such a tax, imposing the carbon tax on such imports will generate revenues which would be distributed to the US population.  This would provide a strong incentive for those other countries to join the US and start to charge a similar carbon tax.  And such a border adjustment for the carbon tax would be compliant with WTO rules on trade, as the tax would simply be ensuring that imported goods are being taxed the same as their domestic equivalents are (just as is true for a value-added tax).  This is not discrimination against imports, but rather equal treatment.

In the second case, where trading partners are themselves all charging a similar carbon tax (let’s assume), the US would still come out ahead in carbon tax revenues due to our trade structure.  US imports of goods are about 50% higher than its exports of goods, and it is primarily in the production of goods that GHGs are emitted.  Partially offsetting this in the overall trade balance, US exports of services are about 50% higher than its imports of services.  But services are a smaller share of trade, plus services are not as intensive as goods in the GHGs emitted.  Overall, the US has a current account deficit (more imports of goods and services than exports), matched by capital inflows being invested in the US.  With such a trade structure, the carbon taxes charged on imports will substantially exceed whatever is rebated on exports.  The US population would come out ahead.  Put another way, producers of goods being sold in the US are currently being provided a subsidy by not charging them for the cost we are incurring due to the greenhouse gases being emitted in their production.  Given the US trade structure, a substantial share of this subsidy is going to foreign producers.  A tax on such GHG emissions is simply the removal of this subsidy.

C.  Price Impacts, and the Viability of Clean Alternatives

Applying the carbon tax will lead producers to raise their prices if they do not otherwise adjust their processes.  For transportation fuels, for example, the Treasury analysis estimated that at $49 per ton of CO2 (and its equivalent for other GHGs), the tax would equal 44 cents per gallon for gasoline, or 50 cents per gallon for diesel fuel.  While significant, such increases are not huge.  There have been far greater fluctuations in such fuel prices in recent years in response to the price of crude oil rising or falling, and consumers and the economy have been able to accommodate such changes.

More broadly, and expressed in terms of percentage increases, the Treasury analysts estimated that if the cost increases from the carbon tax were all fully passed along, the price of gasoline would rise by 11.8%, home heating oil by 12.4%, and air transportation by 7.5%.  The price of natural gas would go up by 27.0% and the price of electricity by 16.9%, but note these are the prices of just the energy alone.  The delivered price to our homes also includes distribution and other charges.  For natural gas, for example, the energy component of my bill (in Washington, DC) was just 44% of my total bill over the last 12 months, so a 27% increase in the wholesale cost of natural gas would mean a 15% increase in my overall bill for gas.  There would be no reason for distribution and other such charges to go up by any significant amount, as their costs depend on the volume delivered and not on the wholesale cost of the gas being delivered (and similarly for electricity).  Overall, the Treasury analysis forecasts that prices in general would go up by 2.6% if the new carbon tax (at $49 per ton of CO2) were fully passed forward.

But the higher costs would provide incentives both to producers to change how they make things, and to consumers to take into account the total costs in their decisions on what to buy.  One would see this most importantly (given its share as a source of GHG emissions) in how electricity is produced.  Generating electricity by the burning of fossil fuels is now heavily subsidized, in effect, as nothing is charged for the cost of the damage done (hurricanes and other severe weather events, and more) by the resulting GHG emissions.  But even with such subsidies going to those who burn fossil fuels, solar and wind produced power is now competitive (even without the subsidies going to solar and wind – see below) for newly built power plants, and indeed has been for some years.  See the careful analysis of the relative costs that is undertaken annually by Lazard (see here for their November 2017 report).  Indeed, Lazard found in its 2017 analysis that at current costs, utility-scale solar and wind generation is now often cheaper than just the operating costs of coal or nuclear plants, thus encouraging such substitution even when the capital costs of coal and nuclear plants are treated as a sunk cost.

Furthermore, solar and wind technology is still developing, with costs falling rapidly, while at this point the further reduction in costs in traditional power generation is slow.  Lazard estimates the levelized cost of energy production at a new installation (in terms of dollars of overall costs, including capital costs, per megawatt hour of electricity generated, and excluding explicit subsidies on renewables) fell by 72% between 2009 and 2017 for utility-scale solar installations and by 47% for wind generation (to prices of $50 and $45 per megawatt hour, for solar and wind respectively; this is equivalent to 5 cents and 4.5 cents per kilowatt hour).  In contrast, the cost for power generated by coal fell by just 8% over this period (to $102 per megawatt hour) and by 28% for natural gas (to $60).  And the full levelized cost for nuclear power generation actually rose by 20% over the period (to $148).

There is, of course, wide variability in the cost of solar and wind across the country, depending on local conditions.  Existing coal and nuclear plants are also of various ages and efficiencies, and hence also of varying costs.  Thus overall averages tell only part of the story.  The cost competitiveness (on average) of new installations does not mean that all new installations will be solar or wind, much less that all generation would or could shift immediately.  But the now competitive costs have led to a bit over 50% of all new generation capacity built in the US over the last 10 years (2007 to 2016) to come from installations of solar, wind, or other renewables (with most of the solar coming only in the second half of that period).

No transition will be instantaneous, but should a significant carbon tax be imposed (of $40 or $49, for example), one should see an acceleration in the pace of such substitution of renewables for fossil fuels.  And with such substitution, the impact on higher power prices will be limited in time, and should soon decline.

The other major user of fossil fuels is transportation, and here one sees a similar dynamic.  Electric battery powered cars are now either competitive in cost or close to it (depending on how one values other attributes, such as better performance and inherently easier maintenance), and a carbon tax will accelerate the transition to such vehicles.  And battery-powered vehicles are not just limited to cars.  Tesla has announced plans to produce heavy trucks powered by batteries, with a range of up to 500 miles on a charge.  Costs would be more than competitive with traditional fueled heavy trucks, and a substantial number of pre-orders have indeed already come in from owners of large trucking fleets.  There is an interest at least in trying this.  And with battery-powered heavy trucks possible, the same is true for full-size buses.

Again, starting to charge for the costs borne by society from the CO2 and other GHGs emitted in transportation would accelerate the shift to less polluting vehicles.  It won’t happen overnight.  But that shift will limit the extent and duration of higher costs stemming from charging a carbon tax.

And while such a tax alone will not lead to zero GHG emissions with current technologies available, it would be a giant step in that direction.  It would also provide a strong incentive to develop the technologies that would carry this further and at a lower cost.

D.  Distributional Implications

Finally and importantly, the funds collected by the carbon tax would be fully rebated to all Americans, with the same amount rebated per person.  The Treasury analysis estimated that at $49 per ton of CO2 in 2019, the carbon tax would collect funds sufficient to provide a rebate of $583 per person (for the year), or $2,332 for a family of four.  The rebate could be provided annually or quarterly, or even monthly, and through the IRS or Social Security.

The rebates would also be distributionally positive.  The poor would indeed benefit on a net basis.  Being poor, they do not consume that much, and thus do not account for a high share of GHG emissions.  The rich, in contrast, not only consume more (they are rich, and can afford more), but the products they buy are also more polluting in greenhouse gases (big gas-guzzling cars rather than small fuel-efficient ones; jet travel for vacations but not public transit; large homes kept heated and air-conditioned rather than smaller homes and apartments; etc.).  Thus the rich will receive back less than what is paid in carbon taxes on the goods they consume, while the poor will receive back more.  Furthermore, because the poor are poor, a given dollar amount rebated to them will be a higher percentage of their (low) incomes, than the same dollar amount would be (in percentage terms) for the rich.

The impacts are significant.  The Treasury analysis (based on data they use for their tax simulation models) concluded that the impacts by family income decile would be:

Net Impact on Income from $49 per ton Carbon Tax, with $583 per Person Rebate, by Family Decile


% of Income

0 to 10


10 to 20


20 to 30


30 to 40


40 to 50


50 to 60


60 to 70


70 to 80


80 to 90


90 to 100


Families are ranked here by income decile, so the first decile (0 to 10%) is made up of the 10% of families (in number) who have the lowest incomes, the second decile (10 to 20%) is made up of the 10% of families with the next lowest incomes, and so on, up to the richest 10% of families (90 to 100%).

The results indicate that on a net basis (i.e. after taking account of the higher prices that would be paid on goods purchased, reflecting the carbon tax at $49 per ton), the lowest income decile families would see an increase in their real incomes of 8.9% following the $583 per person rebate.  This is quite substantial.  And the analysis found there would be a similar, positive, gain for all families up through the 7th decile, although at diminishing shares of their income.  The top 3 deciles would end up paying more on a net basis, due to their greater purchases of goods where greenhouse gases are emitted (both in total amount and in the mix of their goods).  But the net cost reaches just 1% of incomes for the richest decile.  It is only a small share in part because their incomes are of course the highest.  This tax is not unaffordable.

E.  Conclusion

To conclude, imposing a carbon tax is administratively practical, would bring prices and costs in line with the costs being borne by society when greenhouse gases are emitted, and even with current technologies would lead to a significant shift away from processes that are warming our planet.  It is a fundamental confusion to assert, as Trump and others have done, that “we cannot afford it”.  That is nonsense:  We are paying the costs already (in an increased frequency of severe weather events, in droughts in some areas and floods in others, and other such impacts), and they will get far worse if nothing is done.  Furthermore, such a carbon tax would not reduce our competitiveness when applied equally to imported items (and rebated for exports).  Indeed, with our current trade structure, the US would come out ahead financially by starting to charge for GHG emissions.

Such a tax also would be distributionally highly progressive, as the poor would come well ahead on a net basis with the revenues collected being rebated back to the population.  Indeed, it is estimated that the bottom 70% of the population would come out ahead on a net basis.  And while the rich would end up paying more, reflecting their greater consumption and the GHG intensity of the goods they buy, this would come just to 1% of the incomes of the richest 10% of the population.

Such a tax on GHG emissions would be the final component of what a comprehensive tax reform really should have looked like.  As discussed in the preceding posts on this blog, there should have been a reform to simplify corporate and individual income taxes (with all sources of income taxed similarly), plus action taken on Social Security taxes to ensure the system will be sustained for the foreseeable future.  None of this was done.  Nor was any action taken to address climate change, where the subsidy we are implicitly providing fossil fuels and other sources of greenhouse gas emissions (by not charging for the damage being done as a result of those emissions) could have been addressed by a tax on such emissions.

This is not surprising, unfortunately.  There are important vested interests in the fossil fuel industries (coal, oil, and gas) that benefit from not being charged for the damage their fuels are causing.  As a rationalization of this, Trump and much of the Republican Party continue to deny that climate change even exists.  But the result will be that the damage being done, already large, will grow over time.  Plus, once the doubters do finally recognize it, the actions that will then need to be taken will be more costly and disruptive than if action were taken now.

As discussed above, there is no practical or special administrative difficulty to addressing the climate change problem now.  It would be straightforward to implement a tax on GHG emissions.  And the sooner this is done, the better.

What a Real Tax Reform Could Look Like – II: Social Security

A.  Introduction

The previous post on this blog looked at what a true tax reform could look like, addressing issues pertaining to corporate and individual income taxes.  This post will look at what should be done for Social Security and the taxes that support it.  Our federal tax system involves more than just income taxes.  Social Security taxes are important, and indeed many individuals pay more in Social Security taxes than they do in individual income taxes.  Overall, Social Security taxes account for just over a quarter of total federal revenues collected in FY2017, and are especially important for the poor and middle classes.  With a total tax of 12.4% for Social Security (formally half paid by the employee and half by the employer, but in reality all ultimately paid by the employee), someone in the 10% income tax bracket is in fact paying tax at a 22.4% rate on their wages, someone in a 15% bracket is actually paying 27.4%, and so on up to the ceiling on wages subject to this tax of $128,400 in 2018.  They also pay a further 2.9% tax on wages for Medicare (with no ceiling), but this post will focus just on the Social Security side.

And as is well known, the Social Security Trust Fund is forecast to be depleted by around 2034 if Congress does nothing.  Social Security benefits would then be automatically scaled back by about 22%, to a level where the then current flows going into the Trust Fund would match the (cut-back) outflows.  This would be a disaster for many.  Congress needs to act.

A comprehensive tax reform thus should include measures to ensure the Social Security Trust Fund remains solvent, and is at a minimum able, for the foreseeable future, to continue to pay its obligations in full.  Also, and as will be discussed below, Social Security benefit payments are embarrassingly small.  Cutting them further is not a “solution”.  And despite their small size, many now depend on Social Security in their old age, especially as a consequence of the end of most private company defined benefit pension schemes in recent decades.  We really need to look at what can be done to strengthen and indeed expand the Social Security safety net.  The final section below will discuss a way to do that.

B.  Remove the Ceiling on Wages Subject to Social Security Tax

As was discussed in an earlier post on this blog, the Social Security Trust Fund is forecast to run out by around 2034 not because, as many presume, baby boomers will now be retiring, nor because life expectancies are turning out to be longer.  Both of these factors were taken into account in 1983, when following recommendations made by a commission chaired by Alan Greenspan, Social Security tax rates were adjusted and other measures taken to ensure the Trust Fund would remain solvent for the foreseeable future.  Those changes were made in full awareness of when the baby boomers would be retiring – they had already been born.  And while life expectancy has been lengthening, what matters is not whether life expectancy has been growing longer or not, but rather whether it has been growing to be longer than what had earlier been forecast when the changes were made in 1983.  And it hasn’t:  Life expectancy has turned out to be growing more slowly than earlier forecast, and for some groups has actually been declining.  In itself, this would have lengthened the life of the Social Security Trust Fund over what had been forecast.  But instead it was shortened.

Why is it, then, that the Trust Fund is now forecast to run out by around 2034 and not much later?  As discussed in that earlier post, the Greenspan Commission assumed that wage income inequality would not change going forward.  At the time (1983) this was a reasonable assumption to make, as income inequality had not changed much in the post World War II decades leading up to the 1980s.  But from around 1980, income distribution worsened markedly following the Reagan presidency.  This matters.  Wages above a ceiling (adjusted annually according to changes in average nominal wages) are exempted from Social Security taxes.  But with the distribution of wages becoming increasingly skewed (in favor of the rich) since 1980, adjusting the ceiling according to changes in average wages will lead to an increasing share of wages being exempted from tax.  An increasing share of wage income has been pulled into the earnings of those at the very top of the income distribution, so an increasing share of wages has become exempt from Social Security taxes.  As a direct consequence, the Social Security Trust Fund did not receive the inflows that had been forecast.  Thus it is now forecast to run out by 2034.

Unfortunately, we cannot now go back in time to fix the rates and what they covered to reflect the consequences of the increase in inequality.  Thus what needs to be done now has to be stronger than what would have been necessary then.  Given where we are now, one needs to remove the ceiling on wages subject to the Social Security tax altogether to ensure system solvency.  If that were done, the depletion of the Social Security Trust Fund (with all else unchanged, including the benefit formulae) would be postponed to about 2090.  Given the uncertainties over such a time span (more than 70 years from now), one can say this is for the foreseeable future.

The chart at the top of this post (taken from the earlier blog post on this issue) shows the paths that the Social Security Trust Fund to GDP ratio would take.  If nothing is done, the Trust Fund would be depleted by around 2034 and then turn negative (not allowed under current law) if all benefits were continued to be paid (the falling curve in black).  But if the ceiling on wages subject to tax were removed, the Trust Fund would remain positive (the upper curves in blue, where the one in light blue incorporates the impact of the resulting benefit changes under the current formulae, as benefits are tied to contributions).

As discussed in that earlier blog post, the calculations indicate the Social Security Trust Fund then would remain solvent to a forecast year of about 2090.  That is over 70 years from now, and the depletion at that time is largely driven by the assumption (by the Social Security demographers) on how fast life expectancy is forecast to rise in the future.  This could again be over-estimated.

Lifting the ceiling on wages subject to Social Security tax would also be equitable:  The poor and middle classes are subject to the 12.4% Social Security tax on all of their wages; a rich person should be similarly liable for the tax on all of his or her earnings.  And I cannot see the basis for any argument that a rich person making a million dollars a year cannot afford the tax, while a poor person can.

C.  Apply the Social Security Tax to All Forms of Income, Not Just Wages, and Then Raise Benefits

But I would go further.  In the modern era, there is no reason why the Social Security tax should be applied solely to wage earnings, while earnings from wealth are not taxed at all.  As one of the basic principles of taxation noted in the previous post on tax reform, all forms of income should be taxed similarly, and not with differing rates applied to one form (e.g. 12.4% on wages) as compared to another (e.g. 0% on income from wealth).

Broadening the base would allow, if nothing else is changed, for a reduction in the rate to produce the same in revenues.  We can calculate roughly what that lower rate would be.  Making use of IRS data for incomes reported on the Form 1040s in 2015 (the most recent year available), one can calculate that if Adjusted Gross Income (line 37 of Form 1040) was used as the base for the Social Security tax rather than just wages, the Social Security tax rate could be cut from 12.4% to 8.6% to generate the same in revenues.  That is, taxing all reported income (including income from wealth) at an 8.6% rate (instead of taxing just wages at 12.4%) would generate sufficient revenues for the Social Security Trust Fund to remain solvent for the foreseeable future.  This would be a more than 30% fall in the taxes on wages, but also, of course, a shift to those who also earn a substantial share of their income from wealth.

[Note:  There would also be second-order effects as Social Security benefits paid are tied to the taxes paid over the highest 40 years of an individual’s earnings, there is some progressivity in the formulae used, and taxes on all earnings rather than just on wages will shift the share of the taxes paid towards the rich.  But the impact of these second-order effects would be relatively small.  Also, the direction of the impact would be that the break-even tax rate could be cut a bit further to allow for the same to be paid out in benefits, or a bit more in benefits could be paid for the same tax rate.  But given that the impact would be small, we will leave them out of the calculations here.]

The 8.6% tax on all forms of income would generate the revenues needed to keep the Social Security Trust Fund solvent at the benefit levels as defined under current law.  But Social Security benefit payments are embarrassingly small.  Using figures for September 2017 from the Social Security Administration, the average benefit paid (in annualized terms) for all beneficiaries is just $15,109, for retired workers it is $16,469, and for those on disability it is $12,456.  These are not far above (and for disability indeed a bit below) the federal poverty guideline level of $13,860 in 2017 for a single individual.  And the average benefit levels, being averages, mean approximately half of the beneficiaries are receiving less.

Yet even at such low levels, Social Security benefits account for 100% of the income of 20% of beneficiaries aged 65 or higher; for 90% or more of the incomes of 33% of those aged beneficiaries, and 50% or more of the incomes of 61% of those aged beneficiaries (data for 2014; see Table 9.A1).  And for those aged 65 or older whose income is below the federal poverty line, Social Security accounts for 100% of the income of 50% of them, for 90% or more of the income of 74% of them, and for 50% or more of the income for 93% of them (see Table 9.B8).  The poor are incredibly dependent on Social Security.

Thus we really should be looking at a reform which would allow such benefit payments to rise.  The existing levels are too low to serve as an effective safety net in a country where defined benefit pension plans have largely disappeared, and the alternative approach of IRAs and 401(k)s has failed to provide adequate pensions for many if not most workers.

Higher benefits would require higher revenues.  To illustrate what might be done, suppose that instead of cutting the Social Security tax rate from the current 12.4% to a rate of 8.6% (which would just suffice to ensure the Trust Fund would remain solvent at benefit levels as defined under current law), one would instead cut the tax rate just to 10.0%.  This would allow average Social Security benefits to rise by 15.8% (= 10.0%/8.6%, but based on calculations before rounding).  One can work out that based on the distribution of Social Security benefit payments in 2015 (see table 5.B6 of the 2016 Annual Statistical Supplement), that if benefits were raised by 5% for the top third of retirees receiving Social Security and by 10% for the middle third, then the extra revenues would allow us to raise the average benefit levels by 45% for the bottom (poorest) third:

Annual Social Security Benefits

Avg in 2015

% increase



   Bottom Third of Retirees





   Middle Third of Retirees





   Top Third of Retirees





Overall for Retirees





This would make a significant difference to those most dependent in their old age on Social Security.  The poorest third of retirees receiving Social Security received (in December 2015 and then annualized) a payment of just $8,761 per year.  Increasing this by 45% would raise it to $12,733.  While still not much, it would be an increase of almost $4,000 annually.  And for a married couple where both had worked and are now receiving Social Security, the benefits would be double this.  It would make a difference.

D.  Conclusion

Conservatives have long been opposed to the Social Security system (indeed since its origin under Roosevelt), arguing that it is a Ponzi scheme, that it is unsustainable, and that the only thing we can do is to scale back benefits.  None of this is true.  Rather, Social Security has proven to be a critically important support for the incomes of the aged.  An astonishingly high share of Americans depend on it, and its importance has only increased with the end of defined benefit pension schemes for most American workers.

But there are, indeed, problems.  Due to the ceiling on wages subject to Social Security tax, and the sharp increase in inequality starting in the 1980s under Reagan and continuing since, an increasing share of wages in the nation have become exempt from this tax.  As a consequence, and if nothing is done, the Trust Fund is now forecast to run out in 2034.  This would trigger a scaling back of the already low benefits by 22%.  This would be a disaster for many.

Lifting the ceiling on wages, so that all wages are taxed equally, would resolve the Trust Fund solvency issue for the foreseeable future (to a forecast year of about 2090).  Benefits as set under the current formulae could then be maintained.  Furthermore, if the base for the tax were extended to all forms of income (including income from wealth), and not limited just to wages, benefits as set under current formulae could be sustained with the tax rate cut from the current 12.4% to a new rate of just 8.6%.

But as noted above, current benefits are low.  One should go further.  Cutting the rate to just 10%, say, would allow for a significant increase in benefits.  Focussing the increase on the poorest, who are most dependant on Social Security in their old age, a rate of 10% applied to all forms of income would allow benefits to rise by 5% for the top third of retirees, by 15% for the middle third, and by a substantial 45% for the bottom third.  This would make a real difference.

What a Real Tax Reform Could Look Like – I: Corporate and Individual Income Taxes

A.  Introduction

After many months in development, although behind closed doors until near the end, Republicans in Congress approved on December 20 a sweeping change in the nation’s tax laws.  Trump signed the measure on December 22, and it will go into effect in 2018.

However, this is not, in fact, a tax reform.  Rather, the measures are primarily a series of tax cuts for certain favored groups.  The greed on display was breathtaking, as special interest lobbyists were able to get many of their provisions included, with the legislation then rammed through on largely party-line votes.  The specific legislative language was kept secret to as late as possible, no public hearings with expert testimony were held, and tax lawyers are already finding numerous newly created loopholes in the drafting.  Instead of simplifying the tax system, the new law has created numerous opportunities for various special interests to game the system and avoid taxes that others must pay.

And it truly is a Republican tax plan, not just Trump’s.  On the key votes, 100% of Republicans in the Senate voted for it, while 95% of Republicans in the House did so.  No attempt was made to develop a bipartisan plan, and Democrats were never consulted on it.  Thus, not surprisingly, no Democrats voted for it.  For these reasons, I will refer to it below as the Republican tax plan.

A true tax reform would be quite different.  The reforms themselves would be revenue neutral, with the focus on measures to simplify and rationalize the tax system.  Tax rates would then be adjusted up or down, as necessary, to restore the revenues that would be lost or gained by the reform measures.  But the measure passed is instead forecast to produce a net loss in revenues of $1.5 trillion over the next ten years (and many believe the cost will in fact be higher as the cost from the new loopholes created, as well as from rushed, and consequently poor, drafting language, will be greater than congressional staff forecast).  But even at $1.5 trillion, the loss in tax revenues is not small.

But tax reform is possible, provided there is a modicum of political will, and reform is indeed certainly needed.  This post will look at what a true tax reform could look like.

To start, any true tax reform would reflect three key principles:

a)  Taxes due should not depend on the source of a person’s income (whether from wages or from wealth), but rather on that person’s total income from all sources.

b)  Tax rates should be progressive.  Those with a higher income should pay taxes at a higher rate than those with a lower income.  As Warren Buffett has noted, he pays taxes (perfectly legally under the current system) at a lower rate than what his far less rich secretary pays.  That is not fair.

c)  And the system should be as simple as possible.  Taxing income from all sources similarly would be a huge step to a simpler system, as much of the complexity arises from taxing different sources of income differently.  But there is more that could be done beyond this to simplify the system.  Indeed, one suspects that Congress has often added needless complexity to the tax code for purely political reasons.

The discussion below will be on reforms to taxes on income, whether corporate or individual.  Much of the focus of the recently passed tax legislation has been on the corporate income tax, which would be permanently slashed.  It is a complex topic, especially due to the international aspects of it (how to treat income earned abroad by US corporations, and income generated in the US by foreign-owned corporations).  It is also inextricably linked to individual income taxes, as individuals ultimately own corporations and receive the incomes corporations generate.  Thus income taxes on corporations and on individuals should be considered together.

The first section below thus will consider what a reform of corporate income taxes could look like, with the next section then looking at reforms to the individual income system.  We will then look at rough estimates of the tax revenue implications of such reforms.  Under the simplified system of taxes proposed, where all forms of income are taxed similarly, it is estimated that total tax revenues generated would rise, by close to $2.5 trillion over the next ten years.  One could then adjust rates downward to yield the same tax revenues as is being generated by the fragmented system we have had up to now current.

A comprehensive tax reform would cover more, however, than just income taxes.  This blog post will therefore be followed by two more:  One on reforms to Social Security taxes in order to ensure the Social Security trust fund remains solvent (it will run out around 2034 if Congress does nothing), and one which proposes a tax on emissions of greenhouse gases (commonly referred to as a carbon tax, as it would apply to carbon dioxide emissions primarily) in order to address climate change.  Both of these reforms would be designed to be revenue neutral, in the sense that Social Security taxes would be directed to what is required to fund Social Security benefits, while the revenues collected by a tax on greenhouse gas emissions would all be rebated to American households.  Thus they can be treated separately from reforms to the corporate and individual income tax systems.

Note finally that in the discussion below, reforms will be discussed in terms of changes relative to the tax system that has been in place up to now.  It will change as of January 1, 2018, under the recently passed Republican legislation, with many changes including new rates.  But the aim here is to discuss what a true tax reform could have looked like.  In addition, data we have on tax revenues (current and projected) are all in terms of the current tax system, not the new one, and we need such data to estimate what the revenue impacts would be of a true reform.  Thus references to tax rates and other aspects of the tax system will all be in reference to what we have had up to now.

B.  Corporate Income Taxes

Corporate income taxes (or corporate profit taxes – the terms will be used interchangeably) were a focus in the recent debate on taxes, with a good deal of hyperbole and confusion.  It is also a complex and peculiar tax, which exists today in its current form probably more for historical reasons than as something one would create now if one were to start anew.

The reason is that a corporation is purely a legally constructed entity, which defines an organizational structure that can borrow money, hire workers, produce something, sell it, and then distribute the gains from this production in accordance with decisions made in a precisely defined decision-making structure.  Whatever is gained is distributed to someone, or it is retained on the books of the corporation for use in the future.

But in taxing these corporate profits, including what is then distributed to individuals as their share of the profits, one is taxing the same gains twice – at the level of the company and then at the level of the individual.  This is double taxation, and creates problems.  The special, low, rate of tax paid on capital gains (on earnings from the sale of corporate shares, as well as from the sale of other assets) has been justified for this reason.  But that low rate is then of special benefit to those who are well-off compared to others.  This is not what one should want in a system of progressive taxation.

There are other problems as well, starting importantly with how one defines taxable corporate profits.  Profits are revenues obtained from selling a product minus the cost of producing it, but how one defines “revenues” and “costs” is not a simple matter.  Revenues, for example, may be paid in cash in the current period, but might also accrue now but only be paid at some future time (as credit is extended).  How should one count the latter?

There are similar timing issues with costs, but also issues of what one counts in costs.  Should one include the cost of interest on loans taken out to finance the company?  How about the cost of dividends paid on the capital obtained from shareholders?  Most definitions of costs include the former (interest) but not the latter (dividends), but the justification for this distinction is not clear.  Investment is also clearly a cost, but for an asset which will last for more than one period (by definition – otherwise it would simply be treated as a current input).  One should then include depreciation as a current year cost, but determining what that depreciation should be is not straightforward.  And there are more complicated issues as well, such as how to include the cost of stock options provided to management.  Finally and importantly, the law provides for a large range of various tax credits and tax deductions which are designed to provide special subsidies to various favored industries or owner categories.  Different countries do this differently, and they of course change over time in any individual country as well.

Such difficulties have created a profitable industry of lawyers and tax accountants with expertise on how, legally, to minimize recorded taxable corporate profits.  Together with changes in the underlying law, this has led to the steady decline in corporate profit taxes paid as a share of corporate profits (as defined in the GDP accounts), to where the actual rate paid now is in fact only around 20% (with this including what is paid at the state and local level, as well as to foreign governments).

Such factors also show why it is meaningless to compare the 35% rate in the US to that in other countries.  Each country defines the portion of corporate profits that are treated as taxable in its own way, so the base to which the tax rate is being applied will differ across countries.  Thus, while Trump has repeatedly asserted that US corporate taxes are the highest in the world, this is simply not true.  One cannot look solely at the headline rate (35% in the US, which will be slashed to 21% in the new Republican tax plan).  Indeed, based on what is actually paid, US corporate profit taxes at the headline rate of 35% are already lower on average than what is paid in most other OECD members.  As a share of GDP, and using OECD data (where 2014 is the most recent year with comparable data for all members), corporate profit taxes were just 2.18% of GDP in the US.  This was more than a quarter below the average of 3.00% of GDP across all OECD members.  One cannot just focus on the 35% headline rate, but rather one must look at the system as a whole.

a)  “Follow the money”:  Tax dividends at the level of the individual, and treat it as a cost at the level of the corporation

How then to approach the taxation of incomes deriving from corporate activities?  My primary recommendation is to “follow the money”, and tax such incomes at the level of the individuals receiving them.  That is, the focus would be on a fair and progressive system of taxes on individuals receiving such income, with income to individuals from corporate sources taxed in the same way and at the same rate as income from any other source.  How this would be done will be discussed in detail in the next section below, when we look at individual income taxes.  But at the level of corporations, one would not separately tax the payments made by corporations (nor indeed any other business entity) to individuals liable for US income taxes.  Rather, a Form 1099 would be filed by the company on what dividend payments they made and who they went to, as is in fact now done.  And if the individual or entity is not subject to US income taxes (or has not told the corporation whether they are), the company would withhold taxes at the 35% rate, which the individual or other entity could later claim when they file their tax forms on US-source incomes.  This is also as now.

Thus, one would not tax at the level of corporations what they pay lenders for interest on loans (as is the case now, as interest payments are treated as a cost to the company), but nor also for what they pay as dividends to their shareholders (who, like lenders, have also supplied capital to the corporations).

What would remain would then be profits that the corporation has retained rather than distributed (although with a provision for the cost of investment, to be discussed immediately below).  These earnings, retained on the balance sheet and not invested in productive assets, would be subject to tax, and a 35% rate (as we have had prior to the new Republican tax legislation) would be reasonable.  The income generated as a result of corporate activities would thus all be subject to tax, either at the level of the individual (if paid out) or at the level of the corporation (if, and only if, retained on the books).  This would also ensure one is not leaving a loophole where incomes could be accumulated forever on the corporate balance sheet, and never be subject to the taxes that others are bearing.

b)  Allow 100% expensing of investment costs

How then to treat investment?  Investment is low in the US, and likely is a significant factor in why productivity growth has slowed in recent decades.  As discussed in an earlier post on this blog, net private investment has declined in the US from over 7% of GDP between 1951 and 1980, to just half that now.  Stagnant real wages have likely been a factor in this (why invest in new equipment if you can hire workers at low wages instead?).  And while one will certainly want to take direct actions in the labor market to address this (most importantly by keeping the economy at close to full employment, thus strengthening the bargaining power of labor), tax policy can also contribute.

As discussed above, profits are defined as revenues minus costs, but the costs will in principle include only the extent to which invested assets have depreciated.  The problem in practice is that it is impossible to know what that depreciation really is, so our accounting systems use various simplified rules.  An example is the frequently used method of straight-line depreciation, where the investment is depreciated at a fixed percentage of its original cost for each year of some assumed lifetime.  But commonly, as part of tax policy, depreciation at some accelerated pace is allowed, thus reducing what is considered to be taxable corporate profits in the current period.  Costs are treated as if they were higher, by the extent of the higher depreciation allowed under the tax law.  This then reduces the share of actual corporate profits that are treated as taxable.

One could extend this to the maximum limit and allow 100% of investment to be depreciated (or “expensed”) in the current year.  Investment expenditures would be treated, in the period in which they are made, the same as any other input cost.  This would greatly simplify the system, and also would provide a strong incentive to invest.

One would then have that only those corporate profits which are retained on the balance sheet, and not invested in productive assets nor distributed either as interest or as dividends, would be subject to the corporate profits tax (at the 35% rate).  This would be close to a cash flow definition of profits (treating interest and similarly dividends as a cost for the capital used by the company), and would be straightforward to measure.  Corporate income taxes would only apply to those profits which are neither invested nor paid out as interest or dividends, but rather simply allowed to build up in bank accounts.

c)  Tax foreign operations of US corporations the same as their domestic operations, and tax foreign corporations operating in the US the same as a US corporation would be taxed on US operations

Corporations operate across borders, both US firms with operations overseas and foreign-owned corporations with operations in the US.  This raises special issues.  We will first look at the former (operations of US firms overseas), and then the latter (foreign-owned firms operating in the US).

The recently passed Republican tax legislation would partially exempt from US tax those profits earned by US companies on operations they undertake abroad.  But there is no logic in this – why should their operations overseas be taxed at a lower rate than the same operations would be had they been located in the US?  And it would also create a tremendous incentive for US companies to shift their operations to overseas locations, preferably to some tax haven.  Why this would be considered as something good for American workers is not at all clear.  Rather, and to create a level playing field, the earnings on such overseas operations should be subject to tax in the same way as corporate operations on American soil are.  And they should be subject to tax at the time such profits are generated, rather than deferred.

One should recognize, again in the name of a level playing field, that corporate taxes paid abroad should count as a credit against their US taxes.  This is to avoid what would otherwise be double-taxation (by both the country where the operations are being undertaken, and by the US), and is the standard practice in most of the countries where such operations exist (covered by double-taxation treaties).  This is the same as now.  But while the payment of such taxes to foreign governments should be recognized and treated as a cost of doing business there, what remains as income should be treated the same as if it were generated by operations in the US.

There is also the issue of what to do about the existing stock of accumulated, untaxed, corporate profits now held abroad.  Under US tax law (prior to the recent legislation), profits earned by US companies on overseas operations have not been treated as taxable in the US until such profits are repatriated to the US.  This has created the incentive to keep those profits in overseas accounts and investments, with this summing to at least an estimated $2.6 trillion (for 322 of the Fortune 500 top US companies that disclosed such figures, as of end 2016).  There is no rational economic reason why such accumulated earnings should benefit from a tax amnesty (whether in full or partial, as the new Republican tax legislation grants).  Rather, the taxes due on those funds should be paid and no longer deferred, in accord with the tax reform plan being presented here (distributions to shareholders would be taxed at the level of the individual, investments expensed, and remaining funds not invested in productive assets would be taxed at the 35% rate).  One could, however, provide for a multi-year period (of perhaps five years or so) to spread the impact.  And keep in mind that the corporations cannot argue that they cannot afford to make such payments.  Those assets (of over $2.6 trillion for a sub-set of the larger companies) are sitting in accounts abroad right now.

Finally, there is the issue of how to treat profits from operations in the US of companies owned (wholly or partially) by overseas entities.  The basic principle to follow, and to ensure a level playing field as well, is that they should be taxed the same as US owned companies would be.  Note that any company operating in the US has to be incorporated in the US under US law (as is the case for companies operating in any country), and thus in principle are US companies.  That is, Toyota or BMW car plants in the US are operated by US incorporated subsidiaries owned by (or primarily owned by) Toyota of Japan and BMW of Germany.  But their foreign ownership raises special issues.

Such subsidiaries will generally transfer as “dividends” the profits they generate to their foreign parents.  But there are other ways (perhaps not always so obvious) to pass along their profits.  These include paying interest on loans provided by the corporate parent (possibly at especially high interest rates), or by paying royalties or licensing fees for patents, trademarks, or proprietary designs coming from the parent companies.  All such transfers to corporate parents should be treated similarly as dividends.

Taxation of such entities should again follow the “follow the money” principle.  To the extent any such payments (whether dividends, interest, or royalties or licensing fees) paid to corporate parents (or to other entities where there is an ownership interest) are made by the foreign-owned subsidiary in the US to US entities who themselves are subject to US taxes (whether individuals, or banks, or other corporate entities), the payments would be treated as a cost.  The company would file (as US companies do) the Form 1099s that go to the IRS to inform them that such payments had been made.  Tax would then be paid by those individuals or other US entities receiving such payments, on their regular tax forms and in accordance with what they individually owe.

If the entity receiving the payment is not otherwise subject to US taxes (or has not told the company whether they are or not), the foreign-owned US subsidiary would withhold taxes that might be due, at the 35% rate.  The individuals or other entities could later file US income tax forms to cover the US taxes they might owe (on these distributions together with that owed on any other activities that generated taxable income in the US), and claim as a credit the taxes withheld on their behalf.  If they choose not to file US tax forms, the taxes withheld (at the 35% rate) would constitute the equivalent of corporate profit taxes being paid at such a rate on these US operations.  Again, the point is a level playing field between US and foreign-owned companies operating on US soil.

d)  Subsidies provided through the tax system to specific industries, sectors, or owners, should end

Finally, the tax code is riddled with special provisions that favor particular industries, sectors, or types of owners.  They are provided through a variety of means, including accelerated depreciation provisions in certain industries or for certain types of investments, various tax credits and deductions, and exemption from profit taxation (fully or partially) for those in certain industries.

Subsidies for certain of these activities might well be warranted.  But if so, it would be less costly and more transparent to provide such subsidies directly, through the budget, rather than hiding them in the tax code.

It should also be noted that with full expensing of investments allowed under the proposed new system, there will be built-in, and non-discriminatory, advantages provided to all investments.  The favored treatment of certain industries and not others, through granting of accelerated depreciation provisions for certain investments and not others, will no longer matter as all industries would be able to deduct 100% of the cost of investment in the year the investment was made.  This would include investments made in research and development, where 100% expensing has generally been allowed in recent years.  Such R&D costs would still enjoy this, but so would other investments.

As part of an overall reform of the corporate income tax, however, the many special, often industry specific, tax subsidies should end.  We will examine below, in Section D, what the resulting savings from this might be.

e)  Summary of corporate income tax reforms

In summary, the following is recommended to reform the system of corporate income taxes:

a)  Corporate investment expenditures should be allowed to be fully expensed in the year they are incurred.

b)  Dividend distributions should be treated as an expense, as interest on loans is now.  Together with full expensing of investment expenditures, this would imply that taxable corporate profits will equal what was retained that year and neither distributed (as dividends or interest) nor invested.  Those retained earnings, accumulating in bank accounts on the corporate balance sheet, would be taxed at 35% in the year they are so retained.

c)  Companies would report the dividend distributions to individuals or other entities on Form 1099s, just like interest payments are now reported.  If the individual or other entity has not provided their tax ID number to the company, then the company would withhold taxes on such distributions at the 35% rate.  Foreign individuals or entities would be treated similarly, with the taxes withheld, which they could then claim credit for if they file US tax forms covering all their US source incomes.

d)  Taxable corporate profits (as defined here) would apply not just to US-based operations, but also to the operations of US companies abroad.  That is, the taxation will be the same on a worldwide basis, and there would be no tax incentive to relocate operations to some foreign jurisdiction.  Like now, corporate income taxes paid in countries where double-taxation treaties have been negotiated would count as a credit.

e)  Profits of US corporations that have accumulated abroad (of an estimated $2.6 trillion for a sub-set of the larger companies) would be subject to a one-time tax on the same basis as retained earnings would now be.  One could allow a multi-year period, of perhaps five years, to spread this out.

f)  The US subsidiaries of foreign corporations would report (on Form 1099s or their equivalent) any distributions they make.  These would include payments of dividends or interest, but also royalties and licensing fees paid to corporate parents (or other entities with an ownership interest).  For foreign entities receiving such distributions that are not otherwise subject to US taxes, or in cases where the entity has not provided notice of their US tax status, the companies would withhold taxes at a 35% rate.

g)  Special tax subsidies for particular industries or purposes granted through the tax code should end.  To the extent any such subsidies are warranted as a matter of public interest, it would be less costly to provide them directly and transparently through the budget.

These reforms would have a major impact on what is collected as corporate income taxes.  As we will see below, income taxes paid directly by the corporations themselves would indeed be reduced.  But this would in large part be a consequence of the shift of the locus at which such incomes are taxed, from the corporate level to the individuals receiving those incomes.  One therefore needs to look at the revenue impact of these together, which we will do in Section D below after first discussing proposed reforms to individual income taxes.

C.  Individual Income Taxes

There are six major areas where reforms to the individual income tax system should be enacted:

a)  All forms of income should be taxed the same, and not at differing rates and brackets that vary depending on the source of that income;

b)  Equal benefit from deductions and personal exemptions should be provided to all, rather than (as now) higher benefits to those in the higher tax brackets;

c)  The cost basis of assets passed via inheritance should be retained at what they were, and not stepped-up;

d)  Exemption levels on estates subject to tax should be restored to $1.0 million for individuals and $2.0 million for married couples, which is roughly where they were from the mid-1980s through the 1990s (in terms of today’s prices);

e)  The use of life insurance to evade taxes on especially large estates should no longer be allowed;

f)  Tax subsidies for special, favored, private business activities should end.  Any such subsidies which are warranted can be provided at lower cost through the budget.

I have discussed the first three reforms on the list above in an earlier post on this blog.  Those interested in further detail on those measures may refer to that earlier post.  However, I will try to ensure the discussion here is sufficient to keep this post self-contained.

a)  Tax all forms of income the same

Taxing all forms of income the same is a matter not only of basic fairness, but also for reasons of tax efficiency and simplification.  To be clear, this does not mean one tax rate for all, but rather that income of one type (say wages) should be taxed the same as income from another source (such as capital gains).  Under the current US system a person will pay tax at different rates depending on the source of that income:  of up to 39.6% (37% in the recently passed legislation) on what is deemed “ordinary income” (such as wages), of up to 20% on income from capital gains on assets that have been held for more than a year, of also up to 20% on dividends paid on equity shares held for more than 60 days (but not on interest paid by those same companies), of up to 28% from capital gains on “collectibles” and certain small business stock, and of up to 25% from “unrecaptured Section 1250 gain” (whatever that is; I believe it is something primarily to do with real estate).

But this is not all.  In addition to such basic rates, there are various add-ons that raise the actual or effective rates for certain households.  For example, there has been a net investment income tax (applying to all forms of investment income, including capital gains as well as interest, dividends, rent, and so on) of 3.8% for households with incomes above $250,000 (when married filing jointly).  There is also an additional tax for Medicare of 0.9% for wage and self-employment income for households with income above $250,000 (when married filing jointly).  This is on top of the regular Medicare tax of 2.9% on all wage income (half technically “paid” by the employer and half by the individual, with the full 2.9% applying for the self-employed).

And then to add even further complexity, personal exemptions and itemized deductions are phased out for higher-income households (of more than $313,800 if married filing jointly in 2017).  These are called the PEP and Pease phase-outs, respectively, and act in effect as a higher tax rate on such households up to a certain amount that varies by household (depending on the number of personal exemptions and the value of their declared deductions).  Households who are extremely rich, with incomes above these phase-out amounts, then effectively pay a lower income tax rate than these more moderately well-off households pay.  The phase-outs raise the effective income tax rate paid by such households by about 1% point for the itemized deductions phaseout (or a bit more if one accounts for interaction effects), and by about 1% point for each personal exemption (thus 2% for a household of two, or 5% for a household of five, and again a bit more with interaction effects).

Finally, on top of all this is the Alternative Minimum Tax, which applies to moderately well-off households, excludes certain exemptions and deductions (in whole or in part), and then taxes the resulting taxable income (as then defined) at a rate of 26% or 28%.

This is incredibly complex, and for no justifiable purpose other than possibly an intention to obfuscate what rate is actually being paid.  And the complication does not come from the number of income tax brackets, but rather from taxing different forms of income differently, each with its own set of tax rates and tax brackets.  This is not only complex to figure out, but also provides an incentive to try to shift one’s income to a category that is taxed at a lower rate.  Thus, for example, suitably structured payments of stock options to high-level managers and other insiders allow them to switch what would otherwise be wage income (taxed at rates of up to 39.6% up to now) to long-term capital gains (taxed at 15% or 20%).  Similarly, managers of investment funds are able to structure the payments they receive from successful deals (which they call “carried interest”) at the low capital gains rate, even though they have no money of their own invested and are being compensated for their work in putting together the deals.

The recently passed Republican tax plan does not address this fundamental cause of complexity in the individual income tax system.  While some aspects would change (e.g. there would no longer be any personal exemptions, and hence no issue of personal exemptions being phased out), it would also create a new, highly favorable, treatment of what is termed “pass-through” income, that individuals obtain from businesses organized as partnerships, sole proprietorships, sub-chapter S corporations, and similar entities.  Currently, such income is treated the same as other ordinary income (such as wages) and is taxed as ordinary income is.  But under the new legislation, those in certain professions (but not others, where the rationale for including certain professions and not others is not clear), will be able to reduce their tax rate by 20%.  That is, those in the favored professions (and meeting certain other conditions), would be able to reduce the tax due on such income from the 37% others pay to just 29.6%.  This would create a strong incentive for such well-off individuals to structure the payments they receive for their work in such a way as to benefit from this lower rate (as the University of Kansas men’s basketball coach did when Kansas started to exempt such pass-through income from the state income tax).  Trump himself would be a prime beneficiary of such a “reform”.

The differing tax rates for different forms of income also has major distributional consequences.  For example, the special, low, rates on long-term capital gains and on dividends (on shares held for more than 60 days), primarily benefits those who enjoy a high income:

The Congressional Budget Office, in a May 2013 report, estimated that fully 93% of the benefit of the preferential tax rates on capital gains and dividends accrued to the richest 20% of households (those with a minimum income of $162,800 for a family of four), and over two-thirds (68%) accrued to the richest 1% (those with a minimum income of $654,000 for a family of four).  This is a special tax benefit that overwhelmingly favors the rich.

Taxing all forms of individual income the same thus would not only greatly simplify the system, but would also be distributionally positive.  And it would be fair, as individuals would pay the same tax on the same total income, regardless of whether they received that income in one form (e.g. wages) or another (e.g. capital gains or dividends).

One issue that would need to be addressed would be to ensure all the income and gains are taxed in terms of today’s prices. This is not a problem for income received in the last year.  One just adds up the various sources of income.  But for capital gains on assets held for a number of years, accumulated general inflation can be a significant factor.  However, it would not be difficult to take account of this.  Each year, the IRS would publish a table for accumulated general inflation from any given prior year to today, and these tables would be used to adjust the cost basis of the assets to reflect today’s price level.

A simple example will illustrate what would be done.  Suppose you sold shares in some company for $300,000 now, which you had bought for $100,000 ten years ago.  The nominal gain would be $200,000.  However, a significant share of this reflects inflation.  Suppose, in this example, that inflation had averaged 2.0% per year over the ten years.  Compounded, cumulative inflation over this period would then be 21.9%, and the $100,000 spent for the asset ten years ago would be equal to $121,900 in today’s prices.  The taxable gain in today’s dollars would then be $178,100.  One would add that amount to your other earnings this year to determine what your total taxable earnings are this year, in terms of today’s prices.

This would not add any real complication.  One already must know the cost basis as well as the date the asset was acquired, and indeed, these are entered on our tax forms.  One would just then need to multiply the cost basis by the inflation factor provided by the IRS to reflect the cost in today’s prices.

Another category of income that is taxed differently than other categories of income is interest income from bonds issued by state and local governments (commonly called municipal or “Muni” bonds), as well as Private Activity Bonds (PABs) that are treated similarly.  Interest on such bonds is taxed at a special rate of zero (i.e. they are not taxed) at the federal level, and similarly not taxed at the level of most states and localities (for citizens of those jurisdictions).

With the interest income on such bonds not taxed federally (nor locally), the bonds can be issued at a lower interest rate.  The market will be able to issue such bonds at a rate of, for example, say 4%, when similar bonds (with similar risks) can only be sold with an interest rate of say 6%.  If one is in a 40% tax bracket, taxable interest earnings at 6% will equal 3.6% after taxes, so a similar risk bond paying 4% with no taxes due will be attractive.

This is done as a means to provide federal subsidy support to states and localities as they fund their investments and programs, but it is a terrible way to do it.  The federal subsidy comes from the federal tax revenue that is given up by allowing such bonds to be issued tax-free.  But it would cost less to the federal treasury if such subsidies were provided directly to the states and localities, rather than indirectly through this tax avoidance mechanism.  The reason is that such bonds will be sold in the market at that price where the interest paid by them will match what the marginal individual buying such bonds would receive, after taxes, from a regular, taxable, bond of similar risk and maturity.  At that price, the marginal individual buying such bonds would be indifferent between the two types of bonds.  They would receive the same, after tax, interest on each.

This would normally be for someone in one of the middle tax brackets.  Someone who is richer than that, in one of the higher tax brackets, will then receive a windfall gain equal to the difference between what they will earn from the tax-free bond, and what they would earn (after taxes) had the bond not been tax-free.  In the example above, the windfall to someone in the 40% bracket would equal the difference between the 3.6% and 4.0% interest rates, times the value of such bonds that they hold.  This is a direct windfall to the rich, and only the rich.  It would be cheaper for the federal government to provide the subsidies directly to the states and localities, if such subsidies are warranted.

Private Activity Bonds have the same problem, as the interest on them is also tax-free.  The original logic appears to be that such bonds would be used to finance infrastructure and other expenditures that states and localities have traditionally funded, but the allowable purposes for which such PABs can now be used is much broader.  They are used for many real estate development projects, for some housing, for investments in “qualified enterprise zones”, for certain mortgages, and even for certain manufacturing and farm investments.  They can be used for pro sports stadiums and arenas (although not for luxury skyboxes built in them).  But while there are guidelines for the allowable purposes, there appears to be a good deal of discretion at the local level on what qualifies as eligible, and politically well-connected actors undoubtedly have an advantage in receiving such local approvals.

But even aside from whether PABs may be used for questionable purposes, they suffer from the same inherent excessive cost as Muni bonds do.  If it made sense for the federal government to subsidize such activities, it would be cheaper to subsidize them directly through the federal budget.  Providing the subsidy by granting such bonds tax-free treatment leads to a windfall going directly to the rich in the higher tax brackets.

To sum up, in replacement of the current complex system where different forms of income are often taxed differently, requiring different taxes to be computed on each and with resulting interactions among them, one should simply add up incomes earned each year from all sources (in current year prices), and pay a progressive tax on the total.

b)  Provide equal tax benefits to all from deductions and exemptions

Under the current system, the cost to someone in, say, a 40% tax bracket for a $100 contribution to some charity is only $60.  The charitable contribution is tax deductible, and hence the federal government is compensating someone in the 40% bracket $40 for the contribution to that charity.  But someone in the middle class in, say, a 20% tax bracket, would only receive a $20 compensation from the federal government for a $100 contribution to that exact same charity.  It would cost them a net $80.  And someone even poorer, in a 10% tax bracket would receive only $10 back, so it would cost them $90 for a contribution to that exact same charity again (assuming they itemize deductions; if not, it would cost them the full $100).

This is not fair.  The richer are receiving a bigger gift from the federal government for a $100 contribution to the same charity that the others have also contributed to.  There is also no reason of practicality why the system needs to be structured in this way.  Instead, one would simply add up all deductions (as now on Schedule A of the Form 1040), plus whatever amounts are set for personal exemptions ($4,050 per person in the household in 2017).  Then, instead of deducting this total from gross income, with the tax then determined based on the various tax rates, one would deduct some share (perhaps 25%, but the same for everyone) as a credit from taxes due.  That is, one would first determine taxes due on gross income, and then treat as a tax credit some fixed percentage of the total of what is now treated as deductions and exemptions.

As part of this, one would also eliminate the PEP and Pease phase-outs which in effect make those who are moderately well-off pay a higher tax rate than what they are nominally obliged to pay (and a higher rate than what those who are even wealthier have to pay).  This just complicates the system.  It is better to set the rates openly and clearly, and keep the rates progressive.

Under the proposed system, a $100 contribution to some charity would in effect then cost the taxpayer $75 (if a 25% rate is used) whether or not the person is rich, middle class, or poor.  The rate to be used, 25% in the examples here, could be set at that level which would be neutral in terms of the overall impact on tax collections.  It would in effect be a weighted average of what applies now to everyone in all tax brackets.  One would also apply the same rate of 25% (or whatever) to the amount used for the standard deduction ($12,700 in 2017 for couples filing jointly), as well as to personal exemptions ($4,050 per person in 2017), and then treat them all similarly as a tax credit.

One would do this primarily to be fair to all.  But it would also simplify the system.

c)  Maintain the prior cost basis on inherited assets

Taxes are paid on the income obtained from capital gains when assets are sold.  The gain is equal to the difference between the price received for the asset, and the price paid for it at some time before (the cost basis).  As discussed above, as part of a general tax reform the cost basis should be adjusted for general inflation between when the asset was purchased and when it was sold (and then taxed at the same rate as any other source of income), but the principle remains that taxes are paid on the income received from buying and selling assets.

There is, however, an exception to this in the current tax system (and would remain an exception in the new Republican plan).  When an asset is received via inheritance, the cost basis is reset to what the value of the asset is at the time it is inherited.  That can be a major favor to those inheriting assets, and there is no justifiable reason for it.

Some have argued that the person inheriting the asset would not necessarily know the cost basis, but that could be easily remedied.  First, the cost basis for financial assets traded through some broker such as Fidelity or Merrill Lynch will be recorded by that broker (and is reported to the IRS when the asset is sold).  And the value at which real estate is bought and sold will be recorded by the local government and kept in its land records forever.  Thus one will normally have the cost basis independently, from third-party sources.  But should there be any other asset where there might not be an independent record of the cost basis, or should the cost basis change for some valid reason (such as for a major capital improvement in some real estate asset), one could always make sure the correct cost basis is recorded in an annex or something similar in any wills or trusts that convey the assets to the beneficiaries.  Or that annex could indicate where to go to find the papers with the cost basis.  Indeed, it would be good practice anyway to record those values (or where to go to find the values) in such documents for all assets being passed to heirs.

Another argument that might be made is that those inheriting the assets might not be able to afford to pay the tax if the income received is calculated based on the original cost basis of the asset, rather than a stepped-up value.  But this would be a confused argument.  First, the tax due would not arise until the asset is sold, which could be many years later.  And second, when the asset is sold those inheriting the asset will receive a payment for the full amount of the sale.  One will have the funds to pay any tax that is then due.

The current treatment of these assets, with a step-up in the cost basis to the value at the time of inheritance, is also of greatest benefit to the rich.  This is not surprising:  the wealthy will leave a larger estate to be inherited than the not so wealthy.  The Congressional Budget Office has provided an estimate:

While not so extremely skewed distributionally as the benefit gained from the low rate of tax on long-term capital gains (discussed above), two-thirds of the benefits of this tax provision still go to the richest 20% of households, and over 20% of the benefit goes to the richest 1%.

As part of a general tax reform, this provision should be eliminated.  The cost basis of assets should remain at whatever it had been, and not stepped-up at the time the asset is inherited to whatever the value is then.

d)  Restore the exemption levels for the estate tax to $1.0 million for individuals and $2.0 million for married couples

The estate tax is now paid by only a tiny percentage of high net worth estates, because the exemption level has been raised over time to extremely high levels.  In 2017, estates with a net taxable value (after contributions to charity) of $5.49 million (or $10.98 million for married couples, if some standard arrangements have been made) are subject to this tax.  Because this exemption level is now so high, and with other ways as well to avoid estate taxes (such as use of life insurance, to be discussed below), only a small percentage of estates, less than 0.2%, end up paying any estate tax at all.  And under the recently passed Republican tax legislation, these floors on what is taxed would double, to $22 million for a married couple.  Only an exceedingly small share of estates will need to be concerned with this tax.

Until the tax cuts passed in 2001 under George W. Bush, the exemption level of estates had been far less.  It was raised as part of those tax cuts from $675,000 in 2001 to $1.0 million in 2002-03, and then by phases to the current $5.49 million (for 2017).  Indeed, in one year (2010) it was removed altogether.  Its complete removal has long been a goal of Republican leaders.

Returning the floor of what is subject to tax to $1.0 million for individuals and $2.0 million for married couples (with this inflation indexed going forward) would restore it to where it roughly was (in terms of today’s prices) from the mid-1980s through the 1990s.  Based on what was observed in the late 1990s, it would apply only to the richest 2% of households, approximately.  And this 2% share is indeed less than what the share was for most of the post-World War II period.  On average, a bit over 3% of estates were subject to the tax between 1946 and 2001.  There is no evidence that this tax at those levels did any harm to the economy.

e)  Ensure life insurance proceeds on especially large estates are subject to normal taxation, and not used as a way to evade taxation

A common “tax planning” tool used by the very wealthy to evade estate (and any other) taxes on assets passed to their heirs has been the use of life insurance.  Life insurance proceeds are not subject to tax.  For those who use life insurance for its intended purpose (to provide for family members and other dependants in case of an unexpected death), this is reasonable.  It should not then be subject to tax.  But its use to evade estate taxes should not be allowed.

One would then need to distinguish between these two purposes, and the question is how.  That could be done in various ways.  One could establish certain criteria, such as that both the age of death at which it would apply would be the normal retirement age or greater (say at age 66), plus that those receiving the insurance proceeds would be individuals other than the spouse or non-adult dependants of the deceased, plus that the amount in total to be paid out would (together with other estate assets) exceed the exemption level for estates subject to tax (which would be, as proposed above, $1.0 million for individuals and $2.0 million for married couples).

Using life insurance proceeds as a tax planning tool to allow extremely large estates to pass tax-free to heirs is a loophole which evades the intent of the estate tax.  It should be closed.

f)   Stop providing tax subsidies for special private activities

Finally, like the corporate income tax, the individual income tax provides special tax subsidies for various private business activities.  These include special deductions for certain “domestic production activities” (defined somehow in the tax code), favorable treatment of income earned abroad, and special advantages from the sale of certain categories of business stock.  While various subsidies to clean energy sources and energy efficiency are also included here, they are only a small share of the total – less than 10%.

To the extent such subsidies serve a valid public purpose, it would be less costly and more transparent to provide them directly and explicitly through the budget.  But many of these subsidies would not survive such public scrutiny.  They should be ended.

D.  An Estimate of the Impact of These Reforms on Tax Revenues

What would be the net impact on tax revenues from the reforms discussed above?  Estimates for the totals over the ten-year period of FY2018 to FY2027 are:

Impact of Tax Reform on Revenues, in $ billions


Corporate Income Taxes:

  End deferral of tax on overseas income


  End subsidies for special industries & activities


  Expense investment at 100%


  Exclude dividends paid to domestic persons




Individual Income Taxes:

  Tax capital gains and dividends at ordinary rates


  Tax interest from Muni bonds and PABs at ordinary rates


  End step-up of cost basis of inheritance


  Return estate tax exemption to $1.0 / $2.0 million


  Tax large life insurance proceeds from estates at ordinary rates


  End special tax subsidies for favored private business activities


  End surtax on investment income 


  End PEP and Pease phase-outs




     Overall Net Impact on Tax Revenues


     % change in Tax Revenues as share of Individual Income Tax


(Estimates rounded to nearest $50 billion, and totals are based on figures before rounding.)

I should emphasize that these are very rough estimates.  I will discuss below the various sources and assumptions made to arrive at these figures, but would stress that the information available to make such estimates is limited, and also does not take into account interaction effects nor how agents would react should such reforms be enacted.  Because they are rough, I have rounded each of the estimates to the nearest $50 billion (for the ten-year totals).  Nevertheless, the figures should suffice to give a sense of the magnitudes, and how the individual impacts would add up.

I have also excluded here what would be a significant, but one time, source of tax revenues under the proposed reforms.  Specifically, I have left out from the estimates here the taxes that would be paid on the accumulation of profits held overseas, on which taxes otherwise would have been due in the past had those profits been repatriated to the US.  As noted above, those untaxed profits are estimated to total $2.6 trillion for a subset of the larger US companies (the subset where data could be obtained for an estimate).  Those up-to-now untaxed profits would be subject to a 35% tax to the extent they are not either distributed to shareholders (in which case they would then be taxed at the individual level, at that individual’s rate) nor invested in productive assets (as investments could be fully expensed).  It is impossible to say how companies would then respond, but if they did nothing, a 35% tax on $2.6 trillion would total $910 billion.  This would be a significant addition to the ten-year totals.  But it is one time (perhaps spread, as discussed above, over a five year period), plus companies would be expected to respond in some way.  Thus I have left this figure, significant though it might be, out of the totals here.  Rather, the focus is on what the on-going, long-term, impacts might be of the tax reforms.

On the sources:  Most of the figures are derived from the most recent (January 2017) estimates of tax expenditures published by the Joint Committee on Taxation (JCT) of Congress.  The JCT publishes such estimates annually, and cover around 250 individual items.  Most are quite small, but they add up.  The report shows them separately for corporations and for individuals, and by year although only for the five years of FY2016 through FY2020 in their most recent report.  To scale them to the fiscal years of FY2018-27 (to make them comparable to the years discussed in the Republican tax legislation), I rescaled the totals for each category to FY2018-27 by multiplying them by the ratio of the Congressional Budget Office June 2017 forecasts of corporate or individual income tax revenues for FY2018-27 to what CBO is forecasting for FY2016-20 (separately for the corporate income tax and for the individual income tax).

Adjustments were needed for two of the proposed reform items.  The JCT estimates of the impact of the special, low, capital gains tax rate applied to long-term capital gains and qualified dividends, is based on figures which do not reflect inflation indexing of the cost basis for long-term capital gains.  Such inflation indexing would reduce the revenues collected significantly, but we do not have the data needed to provide a good estimate of how much.  To arrive at the figure shown here, I first took out the qualified dividends share of the total taxed at the capital gains rate (where published IRS data shows that in 2015 the share was 31%), as such dividends are paid in the current year.  The remainder reflects actual long-term capital gains.  Arbitrarily but generously, I assumed such capital gains would be reduced by 50% due to inflation indexing of the cost basis.  I suspect this is on the high side – the true reduction is likely to be less.  But based on this assumption, I arrived at the figure shown in the table.

The second item in the JCT estimates that needed to be adjusted was the impact of no longer treating as tax-free the payments made under life insurance.  As discussed above, some life insurance is used as a genuine tool to manage the financial risk of losing a provider for the family.  But life insurance is also used as an estate planning tool by wealthy estates to convey, tax-free, the assets from an estate to heirs, and thus avoid the estate tax.  In terms of dollar volumes, this latter use likely dominates.  One would want to design the tax only to apply to the latter, which could be done through various ways (using age, who the heirs would be, and a large minimum size).  For the purposes of the calculation of the tax revenue impact of such a reform, I assumed that the revenues generated would be reduced to 80% of the JCT estimates, as life insurance for the management of the financial risk of losing a family provider would remain tax exempt.

The January 2017 JCT report on tax expenditures did not have estimates for three of the tax items.  One was what the impact would be from allowing 100% expensing of all corporate investment.  However, a recent (November 14) JCT analysis of the tax revenue impacts of the House Republican tax plan did include, as a separate item, the cost of a proposed 100% expensing of corporate investment.  While this expensing (under the then House Republican plan) would formally end in 2022, one can use the estimates shown for a separate 100% expensing item (for small business) to calculate what it would roughly be in the second half of the decade (the relative proportions would be similar).  Note that the net tax revenue impact of 100% expensing diminishes over time.  Full expensing essentially brings forward allowed depreciation, so instead of spreading depreciation over time, the asset is treated as if the full cost was borne in the initial period.  This reduces taxable profits in the initial year, but then will raise it later (as the full depreciation has already been taken).

The second was the cost of returning exemption levels for estates to $1.0 million for individuals and $2.0 million for married couples.  This was estimated based on figures from the Tax Policy Center on the revenues collected by this tax in the late 1990s (but converted into revenues in today’s prices), when the exemption levels then (in terms of today’s prices) were close to the proposed new levels.  They were then forecast going forward to grow at the same rate as what the Congressional Budget Office forecast for the estate tax under current law.  The net increase in revenues would then equal the difference between this stream of tax revenues (with the exemption levels at $1.0 / $2.0 million) and what the CBO is forecasting the revenues would be under current law.

Finally, the impact of shifting the taxation of dividends from the corporate level to the individual level (where it would be taxed at the same rate as other income) was estimated based on current figures from the GDP accounts on corporate dividends, less Tax Policy Center estimates on the share going to foreigners, with this then forecast to grow at the same rate as what the JCT is forecasting for dividends and capital gains.

The resulting figures are shown in the table, with each rounded to the nearest $50 billion.  The net impact of the reforms on what would be collected directly through the corporate income tax would be a decline of $250 billion over the next ten years.  There would be a reduction in taxes collected at the corporate level of $2.5 trillion from excluding dividends from taxable corporate profits, and a reduction of $200 billion from allowing investment to be 100% expensed.  But this would mostly be offset by ending the deferral of taxes on income earned abroad by US corporate subsidiaries (generating $1.5 trillion in revenues), and by ending corporate subsidies for various special industries and activities (generating $950 billion).

Income tax collected at the individual level would, however, grow by an estimated $2.7 trillion over the ten year period.  The largest component of this ($1.15 trillion) would be generated by taxing capital gains and dividends at ordinary income tax rates, rather than the special low rate (20% generally) they are granted now.  Taxing interest on state and local government bonds (Munis) as well as private activity bonds (PABs), rather than not taxing them at all, would generate $700 billion over the ten years.  Ending the step-up of cost basis on assets received via inheritance would generate $450 billion, while returning the exemption level for the estate tax to $1.0 million for individuals and $2.0 million for married couples would generate $500 billion.  Taxing large life insurance proceeds from estates, used to evade estate taxes, would generate an estimated $250 billion.  And ending special tax subsidies to individuals for favored private business activities would generate $250 billion.

Partially offsetting this, ending the surtax on certain rich households on investment income (so that it would be taxed the same as other income) would mean a reduction of $400 billion in tax revenues over the decade.  And ending the complication of the PEP (personal exemption) and Pease (itemized deductions) phase-outs would reduce revenues by an estimated $250 billion.

Adding the impacts on both the corporate income tax and the individual income tax, the net effect would be to raise tax revenues collected by an estimated $2.45 trillion over the ten years.  This is large, and can be contrasted with the loss of $1.5 trillion in tax revenues that would follow from the recently passed Republican tax plan.  Even if several of my revenue estimates turn out to be too optimistic, the $2.45 trillion increase in revenues leaves a generous margin for uncertainties.  The net impact of these tax reforms would almost certainly be budget positive.

But assuming the $2.45 trillion surplus is a reasonable estimate, what could be done with such an amount?  First, I would note that some of the savings would come from ending various subsidies through the tax system.  As discussed above, providing such subsidies through the tax system is both costly (it would cost less to provide the subsidies directly through the budget, as the current system provides a windfall to those in the higher tax brackets) and lacks transparency.  Many of these subsidies should cease altogether, but some might well serve a valid public purpose.  When this is the case, regular budget expenditures would rise, and one should use a portion of the $2.45 trillion for such expenditures.

One might also wish to use a portion of the $2.45 trillion for other urgently needed budget expenditures the nation requires, such as for infrastructure.  As discussed in prior posts on this blog, government expenditures have been squeezed for many years, leaving a backlog of high priority needs.  One might also use a portion of the $2.45 trillion to pay down part of the national debt, although the priority of this is not clear.  Even the supposedly fiscally conservative Republicans see no problem with voting for a tax plan that would reduce tax revenues by $1.5 trillion over the next decade.

Finally, one could use the $2.45 trillion to adjust income tax rates downward.  If the full $2.45 trillion were used for this, and if one were to apply the reduction in proportion to current rates (as of 2017), one can calculate (using the CBO forecasts of tax revenues under current law), that the top tax rate could be cut from the current 39.6% to a rate of 35.6%.  The other tax rates would be similarly reduced (proportionally).  This would even be close to the top rate of 35% that the Republican plans have been aiming for (at various times), but would have been achieved as a consequence of true reforms.  That is, rather than setting a rate target (of 35% or whatever) and then trying to find sufficient measures to allow this to be met (including allowing for a net revenue loss of $1.5 trillion), the approach of a true reform is to start with several basic principles (uniform tax rates on all forms of income, progressivity, and simplification), work out what reforms would follow from this, and then set the rates accordingly for revenue neutrality.

E.  Conclusion

The recent debate on tax policy was an opportunity to enact a true reform.  We certainly need it.  The current tax system is inequitable, overly complicated, has provisions which induce perverse behavior, and is costly to administer.  Sadly, the recently passed Republican tax plan will make it worse, as just the example of the special treatment of pass-through income makes clear.  The new law introduces new inequities (pass-through tax provisions that favor a narrow few), new complications (distinctions that cannot be logically explained as to whom will be able to cut their taxes on pass-through income, such as professionals in real estate but not certain others), provisions that will induce perverse behavior (such as newly-created business structures for doctors to sell and lease back their offices, in order to obtain some of the pass-through benefits that real estate companies will enjoy), and will be costly to administer (as the IRS tries to ensure the law is applied as intended despite the numerous complications, as for example again with regard to who will and will not be allowed to benefit from the tax cuts for pass-through income).

And the complications and inequities in the new Republican tax legislation extend far beyond what was done on pass-through income.  Many new loopholes have been created, and the tax cuts provided have gone disproportionately to the rich.  Along with differing treatments of different sources of income, the new system will be more complex than the old, and less progressive.  Finally, it will not be revenue neutral.  Rather, it will lead to $1.5 trillion more being borrowed in our budget over the next ten years.  Our budget is in deficit and will remain so if nothing is done, even though now is the time, with the economy at full employment, that one should be moving to a budget surplus.  In effect, we are borrowing a further $1.5 trillion over the next decade to hand out primarily to the rich.

In a simple and fair system of taxation, one would be paying the same in taxes whether one’s income came from working for wages, from business income, from dividends from corporations or interest from loans, from stock options, or from capital gains.  Under our current tax system, each of these sources of income may be taxed at different rates.  The result is undue complication, as one has to determine not only what total income is but also how it should be categorized.  But in addition there are interaction effects, where the tax applied in some category depends not only on the income earned in that category, but also often on the income earned in other categories.  And most importantly, there is then the incentive to try to arrange income payments so that they will come under a category where lower taxes are due (e.g. shifting wage income to stock options, or for hedge fund managers to shift what would be wage income to “carried interest”).

The new Republican tax plan will make this worse.  Now there is a new general category treated preferentially, of pass-through income.  Pass-through income had been taxed before the same as wage and other ordinary income.  Now it will be taxed 20% less.  This is a strong incentive, for those who are able, to try to arrange the payments they receive to qualify as pass-through income rather than wages.  This is just a gift to the wealthy who are able to obtain such special treatment.

But there is no disagreement that a true tax reform is certainly needed in the US.  The proposals outlined above show what could have been done.  And such a reform now is more important than ever, as the Republican tax plan has moved us in the opposite direction of what we needed.

The Republican Tax Plan: Government Debt Will Rise by More Than the $1.0 Trillion Commonly Cited

A.  Introduction

News reports are saying that the Senate Republican tax plan, rushed through and passed on a 51 to 49 vote late on a Friday night (actually, at 2 am on Saturday), will add an estimated $1.0 trillion to the national debt over the next ten years.  The number is based on figures provided in a staff report from the Joint Committee on Taxation (JCT) of Congress on the estimated tax revenue impacts.  But that is not what the JCT numbers say.  The actual increase in the federal debt will be almost a quarter more than that $1.0 trillion figure, even taking the JCT estimates as fine.  The problem is that they are being misinterpreted.

The JCT acts as a professional staff responsible for assessing the impacts of tax proposals before Congress (on behalf of both the Senate and the House), and must act in accord with instructions provided by the Congressional leadership.  They have traditionally worked out the revenue implications of the proposals sent to them (normally on a year by year basis over a ten-year horizon) as well as the distributional implications (what will be the effects by income group).  When Republicans took control of both the Senate and the House following the 2012 elections, JCT staff were also directed to provide what has been labeled “dynamic scoring”, which attempts to come up with an estimate of how economic growth may be affected and the revenue implications of that.  The assumption is that tax cuts will spur growth, and that with higher growth there will be an increase in tax revenues which would then (partially or possibly fully) offset what the revenue losses would otherwise be as a result of the tax cuts.

This is the old “supply-side economics”, which politicians starting with Reagan would cite as saying that tax cuts can pay for themselves.  The reality has been far different, as previous posts on this blog have argued.  The tax cuts of Reagan and Bush were followed by higher deficits, and slower (or at least not faster) growth than what followed after the tax increases approved under Clinton and Obama.  A fair reading of these experiences would not be that tax increases are good for growth and tax cuts bad for growth, but rather that the impacts, whatever they are, are too small to see in the data.

But the JCT staff are now required to provide some such estimate, and to do this they have to use economic models.  The constraints of such an approach will be discussed below.  But there is also a separate issue, which has unfortunately been confused with the impact of the growth estimates.  The issue is that the figures being provided by the JCT, on the year by year impact on tax revenues of the tax plan, are being confused with how far government debt will rise as a result of those tax losses.  Reporters are adding up the year by year tax revenue impacts over the ten year period of the forecasts, and concluding that that total will equal the resulting increase in government debt.  But that is not correct.  That simple addition of the year by year figures on tax losses leaves out the additional interest that will need to be paid on the debt incurred to cover those now higher fiscal deficits.  That additional interest will be significant.

B.  The Impact of Increased Interest on the Addition to the Federal Debt

The black curve in the chart at the top of this post, rising to $1,414 billion by FY2027, shows the simple accumulation of the lost tax revenues (year by year) following from the Senate Republican tax plan (November 16 version, as assessed by the JCT on November 17).  While the final plan passed by the Senate was a bit different (loopholes were being added or expanded up to the final hours, with also some offsetting tax increases), the net change in revenues in the final, approved, bill was relatively small, at $34 billion over the ten years (raising the cost to $1,448 billion from the $1,414 billion cost the JCT had estimated for the earlier version).  The JCT estimates of the macro impacts based on the $1,414 billion total will be close to what it would have been had they had the time to assess the final plan.

That path leading to the $1,414 billion cost total reflects the simple sum of the year by year tax revenue losses as a result of the Republican tax plan.  But those revenue losses will lead to larger deficits.  The larger deficits will mean additional federal debt, and interest will have to be paid on that additional debt.

Such additional interest needs to be paid year by year, and will accumulate over time.  The blue curve at the top, rising to $1,717 billion, is an estimate of what this would be, using the June 2017 interest rate forecasts (on government debt) from the Congressional Budget Office, and assuming, conservatively, interest paid in arrears with a one-year lag.  The total is $300 billion higher than the $1,414 billion figure.  That is, under this scenario federal government debt would increase by $1,717 billion over what it would otherwise have been by FY2027, not by the $1,414 billion figure.  News reports commonly got this wrong.  It is not that the JCT got it wrong.  Rather, news reports misinterpreted what the JCT figures were saying.

The question then is whether there will be macro economy impacts, as the supply-siders assert, and if so, how large they would be.  The JCT provided on November 30, estimates of what these might be.  Based on a weighted average of results from three different economic models of the economy, the JCT estimated that at the end of the ten year period (i.e. in 2027), GDP would be 0.8% higher than it would be otherwise.  That is, the growth rate would on average be 0.08% per year higher than otherwise.  This is not much but still is something.  The resulting higher GDP would raise tax revenues above what they would otherwise be following the tax cuts.  Tax revenues would still decline – they just would not decline by as much as before.  Federal debt would still rise.  The higher deficits over the ten years would sum to $1,007 billion by 2027 (the green curve in the chart above).  And once again, news reports concluded that the new JCT figures were saying that federal debt would rise by $1.0 trillion over the ten year period once those macro impacts were taken into account.

But the JCT figures are not saying that.  They simply show the year by year impacts.  And as before, the JCT figures do not include the impact of the increase in interest that will need to be paid on a federal debt that would be higher than otherwise due to the tax cuts.  Adding in these interest payments, on a growing debt resulting from the yearly reduction in tax revenues in this tax plan, leads to the red curve in the chart.  The JCT figures imply, once one adds in the now higher interest payments due, a federal debt that by 2027 would be $1,245 billion higher than what it would otherwise be.  This is roughly a quarter higher, or an extra $240 billion, over the figure the news reports are citing.  This is not a small difference.

C.  Other Points

There are a few other points worth noting:

a)  One can see in the chart at the top of this post how the additions to the federal debt level off in 2026, and in most cases then decline.  This is because most of the provisions that would cut individual income taxes are ended as of the end of CY2025 under the Republican proposal.  The losses in tax revenues from the tax plan would then continue to grow through FY2026 (due to the overlap between CY2025 and FY2026, and the fact that final taxes due for CY2025 will be paid in April 2026) leading to still growing debt in 2026, but then level off or fall after that.  By FY2027, the JCT assessment found that most individuals would end up with higher taxes due.  Indeed, the Senate Republican tax plan is structured so that individuals in FY2027 would on average end up paying more in taxes than they would if this tax plan were never to go into effect.  In contrast to the sunsetting of the individual income tax cuts, the corporate income tax cuts would be made permanent.  And if, as the Republicans say they actually want, the individual income tax cuts are also made permanent, then the federal debt will grow by even more than what would result under the current plan.  They cannot have it both ways.

b)  Furthermore, while the focus here is on the impacts on total revenues collected and hence on the federal debt, there will also be critical distributional implications.  The JCT assessment of the November 16 version of the Republican tax plan found that if one adds together the impacts on households of all the proposals (on both the individual and the business side), that in 2027, those families with incomes of less than $75,000 would be paying more in taxes than they would if this tax plan were never approved (taking averages for each income group, as individual experiences will vary).  However, those with incomes of $75,000 or more would all be enjoying tax cuts.  The figures on a per family basis (technically per taxpayer unit) are shown in my earlier blog post on the Republican plan.  But it is not just in 2027 that certain income groups will be paying more in taxes.  Adding up the net impacts by income group over the full ten years, one finds that those with incomes of up to $30,000 will be paying more in taxes in total over the full ten years (of about $900 per family on average).  These are the families who are least able to afford a tax hike.

c)  It is important to clarify one statement in the JCT report on the macro impacts.  It makes reference to a $50 billion figure for “an increase in interest payments on the Federal debt”.  This is stated in the opening paragraph, and then in a bit more detail on page 6 in the section labeled “Budgetary effects”.  This increase in interest due is netted out in the figure summing to the $1,007 billion for the total cost over ten years of the Republican plan.

At first I had thought this interest cost reflected what I am discussing here – the increase in interest payments that will be due over the period as a result of the greater borrowing following from the higher deficits.  However, the $50 billion number is far too small, as the higher amount due in interest from the higher debt would be more like $240 billion.  I at first thought there might have been a mistake in the JCT calculations.  But a close reading of the JCT report shows that the $50 billion figure is actually referring to something else.  That something else is that one should expect general interest rates to rise in the economy as a result of the higher fiscal deficits, and that this will then lead to higher interest due on the existing federal government debt.  The increase in interest rates might be relatively small, but with the large government debt, even a small increase in interest rates can matter.  And one can calculate that a $50 billion increase in interest due would result from a rise in average interest rates on government debt of 0.025%, i.e. from the 3.7% that the CBO forecasts for most of this period, to 3.725%.

One must therefore not confuse the $50 billion in increased interest payments due on the existing federal debt (which the JCT estimates), with the increase in interest that will be due as a result of the year by year higher federal deficits, which must then be funded by borrowing.  The JCT, following the instructions given to it by the Congressional leadership, is not estimating the latter.  But the latter does add to the federal debt, and hence the addition to the federal debt by 2027 as a consequence of this Republican tax plan would be more like $1,245 billion than the $1,007 billion that the news media is mistakenly saying.

d)  As noted above, the JCT arrives at a forecast, based on the models it is using, that GDP would be 0.8% higher in 2027 than it would otherwise be.  The increase is small (increased growth of just 0.08% a year), but something.  News reports have made much of it.  But not noted (from what I have seen) is any discussion in the news reports of what the JCT estimated would happen after that.

The JCT discusses this on page 6 of its report.  It notes that due to the reversal of most of the individual income tax cuts (while leaving in place measures that would lead to higher individual income taxes), coupled with the rising interest rates resulting from the higher deficits (the $50 billion figure discussed above, but growing over time), the impact on GDP by the end of the third decade of such measures would be partially or wholly offset.  The growth effects die out over time.  As a result, we will then be left with a higher federal debt, but GDP the same or similar, and hence a government debt burden that is then higher for our grandchildren than would be the case if this tax plan were never approved.

e)  And it is critically important to recognize that the JCT could only arrive at its estimates of what the impact would be on GDP via economic models.  They did recognize that any individual economic model has issues, and therefore they used three different ones.  The 0.8% increase in GDP forecast for 2027 was the weighted average outcome of those three, weighting them not equally, but rather by 40/40/20.  Each model approaches the issue differently.  And while the JCT report is honest on what they did, and did report on the numbers used for some of the key parameters in each of the models, one would have liked to see more.

To start, only the 0.8% figure was given, resulting from the weighted average of the individual model forecasts.  One would have liked to have seen what the individual model results were.  Were they all fairly close to the 0.8% figure (in which case one would take some comfort in the similar findings), or did the different models produce quite different forecasts?  If the latter, one can not place much confidence in the overall weighted average as providing a robust estimate.

But more fundamentally, one needs to recognize that these are forecasts produced by models.  The results the models will produce will depend on the model structure assumed (as set by the analyst), and on the specific values assumed for the key model parameters.  The fact that the JCT used three different models for this (and reasonably so) shows how unsettled such analysis is.  Different models can come up with completely different results, as different aspects of the economy will be emphasized by each modeler.

The fundamental problem is that it is difficult to impossible to be able to say from actual data observed what the best model might be.  The overall net effects on growth are just too small, and there is so much going on also with the economy that one cannot come up with robust estimates of the impacts of such changes in tax law.  It is important to recognize that changes in tax law can have expansionary effects in some areas (including not just in different sectors but also in different areas of economic behavior) and contractionary effects in others.  The overall impact will depend on the net impact of them all, and this can be small to non-existent as the individual effects can go in opposite directions.  Hence one does not see in the observed data on GDP any indication that such changes in tax law (as have occurred in the past) have led to higher (or lower) GDP.

This was discussed in a previous post on this blog with regard to the impact on labor supply (and hence output) from a change in individual income tax rates.  There are income effects as well as substitution effects, their impacts go in opposite directions, and the net impact may then be small or not there at all as they simply offset each other.  There is a similar problem with assessing the impact on investment from changes in the corporate income tax proposals.  While some would argue that a lower corporate income tax rate will spur investment, the proposal also to limit the deductibility of interest on borrowed funds will act to reduce the incentive to invest.  The weighted average cost of capital (after taxes) will be higher when interest is not deductible, and the decision to invest depends on the balance between the (after-tax) expected return on investment and the (after tax) weighted average cost of capital for the funds being invested.

The net impact on the economy is therefore an empirical question, and one cannot say from ex-ante theorizing alone what that net impact might be.  One can construct models based on different theories, but then the net impact will depend on the model structures assumed and the specific values chosen for the various parameters used.  These can be difficult to impossible to estimate independently.

Finally, any such models will only be able to focus on a few of the possible changes in tax law.  They will not have the granularity to assess properly the literally hundreds of changes in law that the Republican tax plan includes.  Depending on the success or not of different interest groups and their lobbyists, the Republican tax plan has special favors, or harms, for different groups, and no economic model can capture all of them.  The models used by the JCT are, of necessity, much broader.

D.  Conclusion

To conclude, the JCT report on the macro impacts from the Republican tax plan is important and valuable, but is typically being misinterpreted.  The increase in the federal debt resulting from the tax cuts will be significantly higher than what one obtains by a simple summation of the year by year revenue impacts, as those impacts do not take into account the interest that will need to be paid on the now higher federal debt.  Those additional interest payments will be significant, and the addition to the federal debt will be about a quarter higher by the end of ten years than what a simple sum of the year by year losses in tax revenue would come to.

The JCT also concluded that its best estimate of the impact on GDP of the tax plan after ten years was that GDP would be 0.8% higher.  This is not much – an increase in the growth rate of just 0.08% a year.  Furthermore, even this would die out by the end of the third decade, in the tax plan as proposed.  The nation would then end up with a higher debt, a GDP which is about the same, and hence a debt to GDP ratio which is higher.

But of necessity, the estimates of the impact on GDP from the tax plan are crude.  The JCT was required to come up with such an estimate, but the only way to do this is to assume some economic model applies.  There is no good basis for choosing one, so the JCT used three, and the 0.8% figure is a weighted average of what those three different models forecast.  It would have been nice to see what each of those three forecasts were, to see if they were broadly similar.

All one can reasonably conclude is that the net impact on GDP is likely to be small.  This is consistent with what we have seen historically.  Any impacts on GDP, positive or negative, from such tax law changes have been too small to see in the data.  And there is certainly no reason to believe that such changes in tax law will lead to such a strong response in growth that the tax cuts “will pay for themselves”.  This has never happened before, and the JCT results indicate it will not happen now.