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The Correct Rate for the Death Tax is Zero

April 24, 2009 by Dan Mitchell

I provided the opposing view to USA Today’s pro-death tax editorial today. In my column, I pointed out that the tax was inherently unfair, and also noted that it is a perverse from of double taxation:

If there were a prize for the most destructive tax, the death tax surely would be a prohibitive favorite. Known to policy wonks as the estate tax, this levy is a punitive form of double taxation that penalizes people for trying to create a nest egg for their children. …This matters because every economic theory — even Marxism — agrees that capital formation is the key to growth. Higher living standards are possible only if people invest by setting aside some of today’s income. But a punitive death tax, especially when combined with other forms of double taxation on capital gains and dividends, reduces the incentive to save and invest. Scholars who have examined this issue estimate that the death tax has reduced America’s stock of saving and investment by nearly $850 billion. Moreover, the death tax is a job killer, reducing employment by 1.5 million. Ideally, the death tax should be abolished. Nations as diverse as Russia, Australia and Sweden have killed this unfair levy.

In their pro-death tax editorial, the folks at USA Today offered a rather absurd argument about double taxation, claiming that the dead person is not taxed twice because he or she is dead when the death tax is paid:

Another canard is the double taxation argument, which goes like this: Someone becomes wealthy through hard work and enterprise, all along paying hefty taxes, and then is walloped again at death. This argument has one slight problem: Dead people don’t really pay taxes. Estate taxes are effectively paid by the people who are alive to feel the effect of the tax: the heirs.

Not only is this argument morally dubious, it is economically nonsensical. The death tax is bad for growth because it encourages wealthy people (who are still alive) to be less productive because they want to minimize a future tax. That is the reason America has a huge “estate planning” industry. This industry exists to advise people how to use their money less productively, which is why academics have found the big negative effects I cite in my column.

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Posted in Death Tax, Economics, Fiscal Policy, Taxation, Uncategorized | Tagged Death Tax, Economics, Fiscal Policy, Liberty, Taxation | 70 Comments

70 Responses

  1. on September 19, 2022 at 5:32 pm Dan Mitchell: Is it unfair for the royal family to benefit from good tax policy (such as no death tax) when other residents of the United Kingdom don’t get the same treatment? The answer is yes, of course. I want everyone to think about investors, entr

    […] the right way to deal with that inequity is for the U.K. to eliminate its death tax, not to extend it to Kings, Queens, and […]


  2. on September 19, 2022 at 1:31 pm The Death Tax and British Royalty | International Liberty

    […] the right way to deal with that inequity is for the U.K. to eliminate its death tax, not to extend it to Kings, Queens, and […]


  3. on May 7, 2021 at 5:01 pm Dan Mitchell article “A Practical Reason to Oppose Wealth Taxation | The Daily Hatch

    […] Jackson paid tax when he first earned his money. Those earnings shouldn’t be taxed again simply because he […]


  4. on May 7, 2021 at 9:23 am A Practical Reason to Oppose Wealth Taxation | International Liberty

    […] Jackson paid tax when he first earned his money. Those earnings shouldn’t be taxed again simply because he […]


  5. on January 2, 2019 at 10:08 am The Greatest-Ever Act of Tax Avoidance? | International Liberty

    […] I’m also an economist, so I don’t like the tax because it is the most pernicious form of double taxation. The levy not only drains capital from […]


  6. on October 7, 2018 at 7:46 am Trump’s Personal Finances and the Death Tax | International Liberty

    […] correct rate for the death tax is zero, so I’m glad the Trump family did everything possible to minimize […]


  7. on November 26, 2017 at 10:41 am Kill the Death Tax | International Liberty

    […] I’m even wondering whether I should allow myself to hope that the death tax can be repealed. The final outcome will depend on negotiations on Capitol Hill. The House bill gets rid of the tax […]


  8. on September 24, 2016 at 8:14 am Hillary’s Grave-Robber Tax Hike | International Liberty

    […] So what would happen if lawmakers instead did the right thing and abolished this wretched example of double taxation? […]


  9. on February 19, 2016 at 11:15 am How Private Social Security Is Helping Hong Kong Deal with Major Demographic Challenges | Lex Rex for All

    […] earn on your bank balances and other financial accounts. There’s no capital gains tax. There’s no death tax. And there’s no double taxation of […]


  10. on February 17, 2016 at 8:19 am How Private Social Security Is Helping Hong Kong Deal with Major Demographic Challenges | International Liberty

    […] your bank balances and other financial accounts. There’s no capital gains tax. There’s no death tax. And there’s no double taxation of […]


  11. on September 11, 2015 at 8:25 am Assessing Jeb Bush’s Pro-Growth Tax Plan - People's Pundit Daily

    […] other positive features mentioned in the column that are worth celebrating. Governor Bush’s plan eliminates the death tax, which is an especially punitive form of double taxation. His proposal also gets rid of the […]


  12. on September 9, 2015 at 12:33 pm Assessing Jeb Bush’s Pro-Growth Tax Plan | Lex Rex for All

    […] other positive features mentioned in the column that are worth celebrating. Governor Bush’s plan eliminates the death tax, which is an especially punitive form of double […]


  13. on September 9, 2015 at 11:38 am Assessing Jeb Bush’s Pro-Growth Tax Plan | International Liberty

    […] positive features mentioned in the column that are worth celebrating. Governor Bush’s plan eliminates the death tax, which is an especially punitive form of double […]


  14. on April 20, 2015 at 10:37 am The Real Beneficiaries of the Death Tax | International Liberty

    […] of those answers are correct, but they don’t fully explain why this pernicious levy still […]


  15. on April 19, 2015 at 11:08 am In the Left’s Orwellian World, Taxpayers Who Get to Keep their Income Are Getting “Handouts” | Lex Rex for All

    […] death tax is triple taxation, so it also should be abolished. Regardless, letting a family hold onto its own money is not the same as taking from Person A to […]


  16. on April 19, 2015 at 8:36 am In the Left’s Orwellian World, Taxpayers Who Get to Keep their Income Are Getting “Handouts” | International Liberty

    […] death tax is triple taxation, so it also should be abolished. Regardless, letting a family hold onto its own money is not the same as taking from Person A to […]


  17. on March 4, 2015 at 4:55 pm Grading the Rubio-Lee Tax Reform Plan - The Liberty Herald

    […] No death tax – Income should not be subject to yet another layer of tax simply because someone dies. The Rubio-Lee plan eliminates this morally offensive form of double taxation. […]


  18. on March 4, 2015 at 4:25 pm Grading the Rubio-Lee Tax Reform Plan | Lex Rex for All

    […] No death tax – Income should not be subject to yet another layer of tax simply because someone dies. The Rubio-Lee plan eliminates this morally offensive form of double taxation. […]


  19. on March 4, 2015 at 11:48 am Grading the Rubio-Lee Tax Reform Plan | International Liberty

    […] No death tax – Income should not be subject to yet another layer of tax simply because someone dies. The Rubio-Lee plan eliminates this morally offensive form of double taxation. […]


  20. on February 2, 2015 at 6:33 pm Four Big Takeaways from Obama’s New Budget…and the Challenges for the GOP - The Liberty Herald

    […] there shouldn’t be any double taxation of income that is saved and invested, both the death tax and capital gains tax should be abolished. Needless to say, increasing either tax would have a […]


  21. on February 2, 2015 at 1:30 pm Four Big Takeaways from Obama’s New Budget…and the Challenges for the GOP | International Liberty

    […] there shouldn’t be any double taxation of income that is saved and invested, both the death tax and capital gains tax should be abolished. Needless to say, increasing either tax would have a […]


  22. on March 20, 2014 at 1:22 pm Bill Gates Is Half-Right about Tax Reform | International Liberty

    […] means no death tax, no capital gains tax, no double taxation of interest or dividends. And businesses get a […]


  23. on July 23, 2013 at 1:20 am Obama cartoon going off fiscal cliff | The Daily Hatch

    […] The death tax rate will be boosted from 35 percent to 40 percent (which doesn’t sound like a big step in the wrong direction until you remember it was 0 percent in 2010). […]


  24. on March 14, 2013 at 4:19 pm Opinion: The Fiscal Cliff | the watercoooler

    […] The death tax rate is boosted from 35 percent to 40 percent (which doesn’t sound like a big step in the wrong direction until you remember it was 0 percent in 2010). […]


  25. on March 14, 2013 at 12:05 am Open letter to President Obama (Part 266) | The Daily Hatch

    […] the necessary support from the Tories, but it’s remarkable that it has been proposed. Like the death tax, the wealth tax is a turbo-charged form of double […]


  26. on March 12, 2013 at 12:03 pm Everything You Need to Know About the Ryan Budget | lessbull.com

    […] tax, but top tax rates would be reduced to 25 percent and many forms of double taxation, like the death tax and capital gains tax, presumably would be reduced or […]


  27. on March 12, 2013 at 10:24 am Everything You Need to Know about the Ryan Budget | International Liberty

    […] tax, but top tax rates would be reduced to 25 percent and many forms of double taxation like the death tax and capital gains tax presumably would be reduced or […]


  28. on January 10, 2013 at 2:10 pm Burden of government spending in the U.K. rose from 36.5 percent of economic output in 2000 up to 48.7 percent of GDP today « HaltingArkansasLiberalswithTruth

    […] the necessary support from the Tories, but it’s remarkable that it has been proposed. Like the death tax, the wealth tax is a turbo-charged form of double […]


  29. on January 3, 2013 at 9:57 am Open letter to President Obama (Part 210) « HaltingArkansasLiberalswithTruth

    […] would have ever thought that Russia would have the correct death tax rate, while the United States would have one of the world’s worst […]


  30. on January 1, 2013 at 12:03 pm Grading the Fiscal Cliff Deal: Terrible, but Could Be Worse | Tennesseans Watching Federal & State Government

    […] The death tax rate will be boosted from 35 percent to 40 percent (which doesn’t sound like a big step in the wrong direction until you remember it was 0 percent in 2010). […]


  31. on December 31, 2012 at 3:20 pm Grading the Fiscal Cliff Deal: Terrible, but Could Be Worse « International Liberty

    […] The death tax rate will be boosted from 35 percent to 40 percent (which doesn’t sound like a big step in the wrong direction until you remember it was 0 percent in 2010). […]


  32. on December 30, 2012 at 1:00 pm Obama’s Deadly Plan for the Death Tax | Tennesseans Watching Federal & State Government

    […] these premature deaths will only occur because the President is greedy for more revenue from a tax that shouldn’t even exist. Indeed, it’s worth noting that every pro-growth tax reform plan – such as the flat tax or […]


  33. on December 29, 2012 at 10:11 am Obama’s Deadly Plan for the Death Tax « International Liberty

    […] these premature deaths will only occur because the President is greedy for more revenue from a tax that shouldn’t even exist. Indeed, it’s worth noting that every pro-growth tax reform plan – such as the flat tax […]


  34. on September 24, 2012 at 12:05 pm On Death Tax, the U.S. Is Worse than Greece, Worse than France, and Even Worse than Venezuela « Double Taxed

    […] would have ever thought that Russia would have the correct death tax rate, while the United States would have one of the world’s worst […]


  35. on August 31, 2012 at 10:24 am A Miserable and Hopeless Fiscal Outlook for the United Kingdom « International Liberty

    […] necessary support from the Tories, but it’s remarkable that it has been proposed. Like the death tax, the wealth tax is a turbo-charged form of double […]


  36. on August 7, 2012 at 7:17 am The “Death tax” is immoral « HaltingArkansasLiberalswithTruth

    […] would have ever thought that Russia would have the correct death tax rate, while the United States would have one of the world’s worst […]


  37. on July 30, 2012 at 6:26 pm On Death Tax, the U.S. Is Worse than Greece, Worse than France, and Even Worse than Venezuela | Tennesseans Watching Federal & State Government

    […] would have ever thought that Russia would have the correct death tax rate, while the United States would have one of the world’s worst […]


  38. on July 30, 2012 at 10:32 am On Death Tax, the U.S. Is Worse than Greece, Worse than France, and Even Worse than Venezuela | Sago

    […] would have ever thought that Russia would have the correct death tax rate, while the United States would have one of the world’s worst […]


  39. on July 30, 2012 at 5:14 am On Death Tax, the U.S. Is Worse than Greece, Worse than France, and Even Worse than Venezuela - OBAMA-B-GONE

    […] would have ever thought that Russia would have the correct death tax rate, while the United States would have one of the world’s worst systems? Article source: […]


  40. on July 29, 2012 at 11:51 am On Death Tax, the U.S. Is Worse than Greece, Worse than France, and Even Worse than Venezuela « International Liberty

    […] would have ever thought that Russia would have the correct death tax rate, while the United States would have one of the world’s worst […]


  41. on November 19, 2011 at 6:53 am Perry’s Flat Tax: Some Missing Homework, But A Solid B+ | allbadnews.net

    […] Perry prosaic taxation gets absolved of a death tax, a capital gains tax, and a double taxation on dividends. This would significantly revoke a […]


  42. on October 30, 2011 at 9:06 pm Perry’s Flat Tax: Some Missing Homework, But A Solid B+ - Just another WordPress site - tweeterburger.com

    […] Perry prosaic taxation gets absolved of a death tax, a capital gains tax, and a double taxation on dividends. This would significantly revoke a […]


  43. on October 26, 2011 at 8:42 pm CATO: Grading Perry’s Flat Tax: Some Missing Homework, but a Solid B+ » New York Liberty Report

    […] Perry flat tax gets rid of the death tax, the capital gains tax, and the double tax on dividends. This would significantly reduce the […]


  44. on October 25, 2011 at 3:30 pm Perry’s Flat Tax: Some Missing Homework, But A Solid B+ | My Blog

    […] Perry flat tax gets rid of the death tax, the capital gains tax, and the double tax on dividends. This would significantly reduce the […]


  45. on October 25, 2011 at 12:04 pm Grading Perry’s Flat Tax: Some Missing Homework, but a Solid B+ « Sago

    […] Perry flat tax gets rid of the death tax, the capital gains tax, and the double tax on dividends. This would significantly reduce the […]


  46. on October 25, 2011 at 9:25 am Perry’s Flat Tax: Some Missing Homework, But A Solid B+ | Мировые новости.

    […] Perry flat tax gets rid of the death tax, the capital gains tax, and the double tax on dividends. This would significantly reduce the […]


  47. on October 25, 2011 at 9:21 am what ever - more taxes :D

    […] Perry flat tax gets rid of the death tax, the capital gains tax, and the double tax on dividends. This would significantly reduce the […]


  48. on October 25, 2011 at 9:15 am Cato Institute grades Perry’s flat tax « HaltingArkansasLiberalswithTruth

    […] Perry flat tax gets rid of the death tax, the capital gains tax, and the double tax on dividends. This would significantly reduce the […]


  49. on October 25, 2011 at 8:35 am » Grading Perry’s Flat Tax: Some Missing Homework, But a Solid B+ - Big Government

    […] Perry flat tax gets rid of the death tax, the capital gains tax, and the double tax on dividends. This would significantly reduce the […]


  50. on September 27, 2011 at 11:50 am Obama Fantasies « Nice Deb

    […] about higher income tax rates, higher payroll tax rates, an expanded alternative minimum tax, a renewed death tax, a higher capital gains tax, more double taxation of dividends, or some other way of extracting […]


  51. on September 20, 2011 at 8:29 am » Obama’s Soak-the-Rich Tax Hikes Won’t Work - Big Government

    […] about higher income tax rates, higher payroll tax rates, an expanded alternative minimum tax, a renewed death tax, a higher capital gains tax, more double taxation of dividends, or some other way of extracting […]


  52. on September 19, 2011 at 1:27 pm One Simple Reason (and Two Easy Steps) to Show Why Obama’s Soak-the-Rich Tax Hikes Won’t Work « International Liberty

    […] about higher income tax rates, higher payroll tax rates, an expanded alternative minimum tax, a renewed death tax, a higher capital gains tax, more double taxation of dividends, or some other way of extracting […]


  53. on September 14, 2011 at 9:50 am New Video from Congressoman Paul Ryan Explains Two Key Principles of Tax Reform « International Liberty

    […] several layers of tax – capital gains tax, corporate income tax, double tax on dividends, and death tax, this is not a trivial […]


  54. on February 10, 2011 at 1:38 am Living in New Jersey May Be Bad, but Dying in New Jersey Is Worse « The Market Center Blog

    […] the risk of stating the obvious, the correct death tax rate is zero, as I’ve explained for USA Today. Indeed, I also cited evidence from Australia and the United States about how people […]


  55. on February 10, 2011 at 1:37 am Living in New Jersey May Be Bad, but Dying in New Jersey Is Worse « Double Taxed

    […] the risk of stating the obvious, the correct death tax rate is zero, as I’ve explained for USA Today. Indeed, I also cited evidence from Australia and the United States about how people […]


  56. on February 9, 2011 at 3:10 pm Living in New Jersey May Be Bad, but Dying in New Jersey Is Worse « International Liberty

    […] the risk of stating the obvious, the correct death tax rate is zero, as I’ve explained for USA Today. Indeed, I also cited evidence from Australia and the United States about how people […]


  57. on December 17, 2010 at 1:07 am Killing Obama’s ‘Build America Bonds’ Is a Big Reason to Like the Tax Deal | Cato @ Liberty

    […] Then there are provisions such as the 35 percent death tax. Is this bad news, because it is an increase from zero percent this year? Or is it good news because it is much lower than the 55 percent rate that was scheduled to take effect beginning next year? That’s hard to answer, though I know the right rate is zero. […]


  58. on December 13, 2010 at 2:09 am Killing Obama’s “Build America Bonds” Is a Big Reason to Like the Tax Deal (Cato @ Liberty Blog)

    […] Then there are provisions such as the 35 percent death tax. Is this bad news, because it is an increase from zero percent this year? Or is it good news because it is much lower than the 55 percent rate that was scheduled to take effect beginning next year? That’s hard to answer, though I know the right rate is zero. […]


  59. on December 12, 2010 at 8:10 am Cato Institute on the Tax Deal

    […] And for the not-so-obvious reason: Then there are provisions such as the 35 percent death tax. Is this bad news, because it is an increase from zero percent this year? Or is it good news because it is much lower than the 55 percent rate that was scheduled to take effect beginning next year? That’s hard to answer, though I know the right rate is zero. […]


  60. on December 11, 2010 at 8:56 pm Killing Obama’s “Build America Bonds” Is a Big Reason to Like the Tax Deal « The Market Center Blog

    […] Then there are provisions such as the 35 percent death tax. Is this bad news, because it is an increase from zero percent this year? Or is it good news because it is much lower than the 55 percent rate that was scheduled to take effect beginning next year? That’s hard to answer, though I know the right rate is zero. […]


  61. on December 11, 2010 at 11:30 am Killing Obama’s “Build America Bonds” Is a Big Reason to Like the Tax Deal « International Liberty

    […] Then there are provisions such as the 35 percent death tax. Is this bad news, because it is an increase from zero percent this year? Or is it good news because it is much lower than the 55 percent rate that was scheduled to take effect beginning next year? That’s hard to answer, though I know the right rate is zero. […]


  62. on November 4, 2010 at 6:35 am Should We Blame Obama, Rangel, and Baucus if People Die to Escape the Death Tax? (Cato @ Liberty Blog)

    […] criticized the death tax on many occasions, including one column in USA Today explaining the economic damage caused by this perverse form of double taxation, and I highlighted a few of the nations around the world that have eliminated this odious tax in […]


  63. on October 31, 2010 at 10:33 pm Should We Blame Obama, Rangel, and Baucus if People Die to Escape the Death Tax? « Double Taxed

    […] criticized the death tax on many occasions, including one column in USA Today explaining the economic damage caused by this perverse form of double taxation, and I highlighted a few of the nations around the world that have eliminated this odious tax in […]


  64. on October 31, 2010 at 10:32 pm Should We Blame Obama, Rangel, and Baucus if People Die to Escape the Death Tax?Should We Blame Obama, Rangel, and Baucus if People Die to Escape the Death Tax? « Double Taxed

    […] criticized the death tax on many occasions, including one column in USA Today explaining the economic damage caused by this perverse form of double taxation, and I highlighted a few of the nations around the world that have eliminated this odious tax in […]


  65. on October 31, 2010 at 10:30 pm Should We Blame Obama, Rangel, and Baucus if People Die to Escape the Death Tax? « The Market Center Blog

    […] criticized the death tax on many occasions, including one column in USA Today explaining the economic damage caused by this perverse form of double taxation, and I highlighted a few of the nations around the world that have eliminated this odious tax in […]


  66. on October 31, 2010 at 1:39 pm Should We Blame Obama, Rangel, and Baucus if People Die to Escape the Death Tax? | Conservatives for America

    […] criticized the death tax on many occasions, including one column in USA Today explaining the economic damage caused by this perverse form of double taxation, and I highlighted a few of the nations around the world that have eliminated this odious tax in […]


  67. on October 31, 2010 at 7:38 am Should We Blame Obama, Rangel, and Baucus if People Die to Escape the Death Tax? « International Liberty

    […] criticized the death tax on many occasions, including one column in USA Today explaining the economic damage caused by this perverse form of double taxation, and I highlighted a few of the nations around the world that have eliminated this odious tax in […]


  68. on July 14, 2010 at 9:04 pm The Deadly Impact of the Death Tax « Double Taxed

    […] should go without saying, by the way, that the correct rate for the death tax is zero. It’s also worth noting that this is an issue that shows that incentives do […]


  69. on July 14, 2010 at 9:03 pm The Deadly Impact of the Death Tax « The Market Center Blog

    […] should go without saying, by the way, that the correct rate for the death tax is zero. It’s also worth noting that this is an issue that shows that incentives do […]


  70. on July 14, 2010 at 2:41 pm The Deadly Impact of the Death Tax « International Liberty

    […] professor Michael Graetz of Columbia University. It should go without saying, by the way, that the correct rate for the death tax is zero. It’s also worth noting that this is an issue that shows that incentives do […]



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