Tax Policy
Introduction to Tax Policy |
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Definition of Tax |
4 Ps |
Why Have Taxes? |
No Perfect System |
Ordinary Income vs. Capital Income |
Constant Change in Tax Laws |
Tax Cuts and Jobs Act (2017) |
Tax Cuts 2.0 |
Roles of Tax Advisor |
Types of Taxes |
Regressive vs. Progressive Taxes |
Tax Base |
How Should Governments Tax? |
Evaluating a Tax System or Specific Tax Proposal |
**Early History:**Taxes → Revolution |
Early History: The New Republic |
Funding Government |
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Largest Source of Federal Tax Revenue |
Types of Federal Taxes |
Payroll Taxes |
Total Federal Spending |
Discretionary Spending (2017) |
Federal Spending by Type |
Biggest Category of Federal Government Spending |
Social Security Trust Fund |
Federal BudgetDeficit / Surplus |
Changes in Government Debt |
Negatives of Government Deficits |
Positives of Government Deficits |
Tax Cuts and Levels of Debt |
OECD vs. US |
Tax Expenditures |
Congressional Budget Act of 1974 |
US Annual Reports |
Income Tax |
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Civil War Years (1860-64) |
Between Civil War and World War I |
Provisions in the US Constitution Related to Taxes |
**16th Amendment:**US Income Tax |
Modern Income Tax |
Tax Brackets and Rates for Unmarried vs. Married |
Laffer Curve |
Process |
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Central Role of Congress |
Joint Committee on Taxation (JCT) |
Benjamin Franklin |
Key Players in Making US Tax Laws |
Tax Bill to Law |
Timeline for Tax Reform Act of 1986 |
Problem of the US Senate Rules |
Budget Reconciliation Process |
Effects from Tax Changes |
Static vs. Dynamic Scoring |
Byrd Rule |
Ways to Work Around Byrd Rule |
Tax Cut and Jobs Act Key Provisions |
Grover Norquist’s Tax Pledge |
Within Department of Treasure |
US Treasury Regulations |
Types of Regulations |
What if Taxpayer Believes US Treasury Regulations Overstep Treasury Authority? |
Treasury Guidance |
Economic Efficiency |
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Economists’ Baseline: No Taxes |
Deadweight Loss |
Economic Distortions Due to Taxation |
Marginal Tax Rates |
Average Tax Rate |
Effective Marginal Tax Rate |
Effective Tax Rate |
Tax Base Responsiveness |
Tax Payers Do Not Always Respond Rationally to Tax Consequences |
Education Tax Incentives |
Environment / Energy Taxes |
Carbon Tax |
Automatic Economic Stabilizers |
Fairness |
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Ability to Pay |
Annual Accounting Concept |
Annual Measurement + Progressive Rates = Income Bunching Problem |
Horizontal vs. Vertical Equity |
Vertical Equity |
Income Inequality Trend |
Tax Loopholes |
Corporate Income Tax Rates |
Who Bears Corporate Tax Burden? |
Marriage Neutrality**(Only 2 Can be Satisfied)** |
Adam Smith (1776) |
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Sources of Private Revenue |
**Maxim 1:**Ability to Pay |
**Maxim 2:**Certainty & Simplicity |
**Maxim 3:**Administrable |
**Maxim 4:**Economic Efficiency |
Preface to Federal Taxation in America |
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Federal Tax Reforms |
Transition to Retro-Liberal Regime |
Victory of New Regime |
New Tax Regime |
Crisis |
**Early History:**Taxes → Revolution |
**Early History:**New Republic |
Design Thinking Innovation Tax Incentives |
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Market Failure |
US R&D Expenditures by Source of Funding \n 1953-2018 |
Design Questions to Consider |
Externalities - Innovation Tax Incentives |
WWII Era |
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Between the World Wars |
World War II Timeline |
Income Taxation Moves to Mass Taxation |
Simplicity & Administrability |
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Trump Tax Law |
Sources of Complexity of Federal Laws |
Adverse Effects of Complexity |
Net Tax Gap |
Tax Gap Estimates for Tax Years 2011-2013 |
IRS Budget ReportJanuary 3, 2020 |
Underreporting Gap |
Components of Tax Gap2011-2013 Average |
IRS Audit Rate as % of All Returns |
Small Businesses |
Can Information Reporting Succeed in Digital/Decentralized Economy? |
IRS Request for Private Sector to Propose Tool for IRS Auditors to Use to Access Social Media to Assist with Tax Audits |
Complexity - Drafting Tax Laws |
Simplification |
Cost of Complexity - Compliance Burden |
Cost-Benefit Analysis of Tax Regulations |
Example of US Treasury Cost-Benefit Analysis (or Lack Thereof) |
Broad Proposals for Simplification |
Streamlining Audits and Dispute Resolution |
Transparency vs. Confidentiality |
Transparency vs. Privacy Interests |
Presidential Rights |
Penalties & Amnesties |
Policy Objective of Penalties |
Tax Loopholes |
Certainty |
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Why Uncertainty Matters |
Tax Holiday |
Factors that Drive Uncertainty |
Retroactive Tax Legislation - Courts |
Transition Rules & Grandfathering |
Transition from Income Tax to Consumption Tax |
Expiring Tax Provisions |
Bright Lines vs. Soft Doctrines |
General Anti-Avoidance Rules (GAARs) |
How Governments Can Provide Certainty |
Tax Position Approval Before Filing |
Tax Treaty Disputes |
Post WWII (1945-1970s) |
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Class Taxation to Mass Taxation |
Raising Taxes Without Tax Legislation |
US Government Spending |
Proliferation of Tax Expenditures |
Domestic Tax Policy (General) |
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Sources of Income & Returns |
Mitt Romney vs Hillary Clinton 2011 Federal Income Tax Returns and Their Average Tax Rates |
Types of Returns from Capital |
Income vs. Cash Flow Tax |
Consumption Tax |
Expensing = Exempt Routine Return |
Expensing with Interest Deduction |
US Treasury Economists Laura Power & Austin Frerick Research Paper, November 2016 |
Savings Tax Incentives |
Retirement Plan Tax Policy: Roth Plan vs. Regular Plan |
Capital Gains Taxation – Current Law |
Preferential Taxation of Capital Gains |
Capital Gains |
State & Local Taxes (SALT) Deduction (Capped at $10,000 in TCJA) |
State and Local Tax Deduction - Distribution |
Domestic Tax Policy - Entities |
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Reagan and 1986 Tax Reform Act |
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1970s - Anti-Tax Sentiment Rises |
Early 1980s - President Reagan (R) |
1986 Tax Reform Act |
Cross-Border Business Activities |
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How should taxation of residents/non-resident differ under domestic policy? |
What taxing right should a country have to tax inbound activity? |
Threshold question: Nexus |
Base Erosion and Profit Shifting (BEPS) |
Formulary Apportionment |
International Tax Coordination |
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Governments & NGOs setting the rules |
Tax Treaties- Overview |
Tax Treaties -Principles and Trends |
Stateless Income/Double non-taxation |
Tax Treaties: Typical Provisions |
Sourcing Business Income (no slide) |
OECD Base erosion and Profit shifting (BEPS) Inclusive framework |
Last 30 Years & TCJA of 2017 |
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1990s: Bush Senior (R) and Clinton (D) |
2000s: President George Bush (Jr) – 8 Years |
2017: The “Tax Cuts and Jobs Act” |