The deficit commission report has a number of thoughts about tax reform. Some I like and some I dislike, and I will talk about them in the next few days. But here are three major tax reform ideas that no one will ever propose:
1. Eliminate the distinction between income from capital and other income. This is an income tax. The amount of tax you pay should be based on the amount of income you earn - period. How you earn that income should be irrelevant. This would be good for two reasons. First, it would be fair. Second, it would make sure that people make their business and economic decisions based on what makes the most sense from a business or economic perspective, without regard to their tax bills.
I speak from experience - there are a whole lot of tax advisors spending a whole lot of time advising people (mostly rich people, who are the only ones that can pay for this kind of advice) how get their income characterized as capital gains, so that their tax rate is lower. And I would estimate that this distinction is one of the greatest causes of the complexity of the tax code - it is incredible how many provisions in the code exist solely to distinguish what is capital gain and what is ordinary income. There is even a class of property the gain from which is treated as part capital and part ordinary! One of the biggest tax loopholes in existence is the ability of hedge fund managers to make multi-millions of dollars and treat that income as capital gain. This kind of gaming of the system has to end.
But, some will say, the government needs to encourage investment. Poppycock. Today there are hundreds of large corporations sitting on billions in cash that they are refusing to invest. Why? Because investment doesn't happen unless people are consuming as well. Ford is not going to invest in increased production of cars if people aren't buying them. Both sides are essential to a functioning economy. Neither one is better or more important to the other.
2. Fully integrate the corporate income tax and the personal income tax. Stated differently, eliminate the double taxation of income earned through corporations. This is not as difficult as it sounds, but to date all efforts to do this have involved lowering to corporate tax to mitigate the effects of double taxation. To me, you can eliminate double taxation simply by allowing corporations to take a deduction for dividends paid to their shareholders, in the same way that they deduct interest paid on their bonds and other debt. And, it goes without saying, corporate income tax rates and personal income tax rates should be the same.
How does this work? Assume three corporations, A B and C. Each of them makes $100 in profits. A pays no dividends, B pays $50 of dividends, and C pays $100 of dividends. A will pay tax on $100, B will pay tax on $50 ($100 of profits minus a deduction of $50 for dividends paid) and its shareholders will pay tax on $50, and C will pay no tax and its shareholders will pay tax on $100. If the corporate and personal tax rates are the same, the government collects the same amount of tax on the $100 of profits in all three cases.
To me, this makes operating a business in corporate form tax neutral, as it should be. People will still incorporate, but the decision to do so will be made for legal and business reasons, not for tax reasons. To some extent, this is a narrower case of my general rule - income is income and it should be taxed the same regardless of how it is earned.
And frankly, I don't think the government should be encouraging people to operate in corporate form in any event. There are two main reasons people incorporate - to raise capital, and to avoid liability. Incorporation is not essential to the first (there are other ways to raise capital), and avoiding liability is really not something that should be overly encouraged. We want people to take responsibility for their actions, don't we?
3. Get rid of tax-exempt status for all legal entities. This is one of the biggest revenue losers that exists in the Tax Code, and there really is no reason why it should be there. There are all kinds of ways to make money. For the government to say "the way you make money is really good, so you don't have to pay tax" is really insidious. And this is true even if the entity is a charity, a college, a private foundation or whatever.
Now a couple of things to point out here, because I think people may get the wrong idea. First, we have an income tax, and all I am saying is tax them on their income. If they really are a non-profit, and they make no profit, then they won't pay any tax. Further, it has always been part of our tax system that a gift is not income. Thus, when the American Red Cross receives millions in contributions to help victims of Hurricane Katrina, none of that money would be income, and it would not be taken into account in determining the amount of tax they would have to pay.
On the other hand, payment for services rendered is income. And so is interest on investments. If you take an entity like, say, Harvard University, which collects millions of income in the form of tuition and fees from its students and billions in the form of income on its endowment, why should it be deemed special and not have to pay tax? Same thing for a hospital. Stated differently, if you really are a charitable or other kind of organization, you should not make a profit. If you do make a profit, then like everyone else you should pay tax.
Now some people may consider churches to be a special case, and I understand that. The big question I have here is what is a church? Is Scientology a religion? And do we really want the government to be making that decision? Besides, as I said before, (i) gifts are not income, so the government won't tax what's left in the collection basket, and (ii) since this is the major source of their income, for most churches eliminating their tax exemption won't make a difference.
There are huge amounts of income being earned in our country that are exempt from tax. The are additional huge amounts that are taxed at lower rates than other income. This is neither fair nor wise. I personally think that it skews economic and business decision-making in our country in ways that hurt the country as a whole.