Feeds:
Posts
Comments

Posts Tagged ‘Taxation’

Last week, I applauded the Chairmen of the House and Senate Budget Committees for proposing budgets that complied with my Golden Rule, which means the burden of government would grow slower than the private sector.

But my praise was limited because neither budget is ideal from the perspective of libertarians and small-government conservatives.

Even though the two proposals satisfy my Golden Rule, that’s simply a minimum threshold. In reality, there’s far too much spending in both plans, and neither Chairman proposes to get rid of a single Department. Not HUD, not Education, not Transportation, and not Agriculture.

Heck, the budgets don’t even go after low-hanging fruit such as the Small Business Administration, National Endowment for the Arts, Corporation for Public Broadcasting, or Legal Services Corporation.

And it turns out that there’s another reason to be semi-disappointed with the GOP budgets.

Stephen Ohlemacher of the Associated Press has a story on the Republican plans and he looks at one of the GOP’s most prominent claims.

The new House and Senate Republican budgets make a big boast: They both balance the federal budget within 10 years, without raising taxes.

But there are two problems with this assertion.

First, the GOPers are assuming that certain “temporary” tax breaks will expire. And this means more money for the government.

…millions of American families and businesses would have to pay more in taxes to make the math work…current law assumes that more than 50 temporary tax breaks that expired at the start of the year will not be renewed. …All together, the tax breaks add up to $898 billion over the next decade, according to CBO. …Most Republicans in Congress have voted numerous times to temporarily extend them. And over the past year, the Republican-controlled House has voted to make some of the more popular ones permanent.

Second, Republicans say they want to repeal Obamacare, but they want to keep all the revenue currently associated with the Obamacare tax hikes.

…they rely on more than $1 trillion in tax revenue from the health law that would supposedly be repealed. …In 2012, CBO said repealing the president’s health law would reduce tax revenues by $1 trillion over the following decade. That number has certainly gone up as more of the law’s tax increases have come into effect. But despite calling for the health law to be repealed, both budget resolutions include all the revenue that would come from the law’s taxes.

Both of these criticisms are valid.

Regardless of what you think about temporary tax provisions (some of them are good and some are special interest junk), letting these “extenders” expire is a way to boost the long-run revenue haul of the federal government. In an ideal world, by contrast, the good provisions would be made permanent and the bad ones would be repealed and the money used to finance good tax changes.

Similarly, while Republicans say they want to repeal the specific Obamacare tax hikes, that they don’t plan on letting go of the money. Which is just a way of saying that they are letting Obamacare boost the long-run revenue stream going to Washington.

By the way, this doesn’t mean that the GOP budgets are bad compared to current law. It simply means that they could – and should – be better. Specifically, they could incorporate lower tax levels and lower spending levels.

Which brings me to the part of the AP article that rubs me the wrong way. The headline, at least the one picked by Business Insider, says that eliminating red ink without a higher tax burden is “probably not possible.” And the language in the report is similar.

Balancing the federal budget is hard. Doing it without more tax revenue is even harder.

So why am I irked by this passage? Well, balancing the budget without new money for DC may be “harder” in the sense that it would require more spending restraint. And someone might be correct if they predicted that achieving balance is “probably not possible” because politicians are reluctant to exercise fiscal discipline.

But that doesn’t mean it can’t be done.

Earlier this year, I shared this chart showing how modest spending restraint can quickly balance the budget. As you can see, it’s actually very simple to get rid of red ink if politicians simply exercise a modest bit of fiscal discipline.

But I’ll admit that I used the Congressional Budget Office’s January projections of revenue, which assumed (like the GOP budgets) that the government would get revenues from the Obamacare tax hikes, as well as revenues from expiring provisions.

So does that mean that it’s impractical to balance the budget without all this added money going to DC?

Nonsense.

Let’s look at the numbers (and we now have new revenue projections from CBO, but they haven’t changed much) and see what happens if you remove the $2 trillion of revenues (over 10 years) associated with Obamacare and the extenders.

Since the revenue numbers climb over time, let’s assume that this means revenues will be $250 billion lower in 2025.

Does that cripple any hope of balancing the budget?

Hardly. It simply means that spending over the next 10 years could grow only about 2.7 percent per year rather than (as assumed in the House and Senate budgets) 3.3 percent per year.

So the bottom line is that we don’t need more revenue in Washington. We simply need more spending restraint.

P.S. By the way, this video explains why our goal should be smaller government, not fiscal balance.

That being said, there’s overwhelming evidence from nations all over the world that spending restraint is the best way to quickly reduce red ink.

Read Full Post »

With tax day fast approaching, it’s time to write about our good friends at the Internal Revenue Service.

One of the new traditions at the IRS is an annual release of tax scams. It’s know as the “dirty dozen” list, and while it may exist mostly as a publicity stunt, it does contain some useful advice.

And that’s true of this year’s version. But I worry that the IRS is looking at a few trees and missing the forest.

The Washington Examiner was kind enough to let me write a cover story on the “dirty dozen” list. Here’s my effort to add some context to the discussion.

…our friends at the Internal Revenue Service have a relatively new tradition of providing an annual list of 12 “tax scams” that taxpayers should avoid. It’s an odd collection, comprised of both recommendations that taxpayers protect themselves from fraud, as well as admonitions that taxpayers should be fully obedient to all IRS demands. Unsurprisingly, the list contains no warnings about the needless complexity and punitive nature of the tax code. Nor does the IRS say anything about how taxpayers lose the presumption of innocence if there’s any sort of conflict with the tax agency. Perhaps most important, there’s no acknowledgement from the IRS that many of the dirty dozen scams only exist because of bad tax policy.

In the article, I list each scam and make a few observations.

But I think my most useful comments came at the end of my piece.

…maybe the tax system wouldn’t engender so much hostility and disrespect if it was simple, transparent, fair, and conducive to growth. And that may be the big-picture lesson to learn as we conclude our analysis. When the income tax was first imposed back in 1913, the top tax rate was only 7 percent, the tax form was only two pages, and the tax code was easily understandable. But now that 100 years have gone by, the tax system has become a mess, like a ship encrusted with so many barnacles that it can no longer function. …the bottom line is that the biggest scam is the entire internal revenue code. The winners are the lobbyists, politicians, bureaucrats and insiders. The losers are America’s workers, investors, and consumers.

In other words, if we actually want a humane and sensible system, we should throw the current tax code in the garbage and replace it with a simple and fair flat tax.

And that’s exactly the message I shared in this interview with C-Span.

Here are a few of the points from the discussion that are worth emphasizing.

The current tax code benefits Washington insiders, not the American people.

But I’m not optimistic about fixing the tax code, in part because the crowd in DC would lose some power.

We’ll never get good tax reform unless there’s genuine entitlement reform to restrain the growing burden of government spending.

The flat tax and national sales tax are basically different sides of the same coin.

If you want class-warfare tax rates on the rich, keep in mind that high rates don’t necessarily translate into more revenue.

The no-tax-hike pledge is a vital and necessary component of a strategy to restrain government.

Itemized deductions benefit the rich, not the poor.

If you care about poor people, focus on growth rather than inequality.

We should mimic Hong Kong and Singapore, not France and Greece.

P.S. I wrote last week that the Senate GOP put together a budget that is surprisingly good, both in content and presentation. A reader since reminded me that the Chairman of the Senate Budget Committee was a sponsor of the “Penny Plan,” which would lower non-interest outlays by 1 percent per year.

Since Mitchell’s Golden Rule simply requires that spending grow by less than the private sector, Senator Enzi’s Penny Plan obviously passes with flying colors.

Read Full Post »

The Organization for Economic Cooperation and Development is a Paris-based international bureaucracy with the self-proclaimed mission to “promote policies that will improve the economic and social well-being of people around the world.”

But if there was a truth-in-advertizing requirement, the OECD would instead say that its mission is to “promote policies that will increase the size, scope and power of government.”

Here are just a few examples of statist policies that are directly contrary to the interests of the American people.

The OECD has allied itself with the nutjobs from the so-called Occupy movement to push for bigger government and higher taxes in the United States.

The bureaucrats are advocating higher business tax burdens, which would aggravate America’s competitive disadvantage.

The OECD is pushing a “Multilateral Convention” that is designed to become something akin to a World Tax Organization, with the power to persecute nations with free-market tax policy.

It supports Obama’s class-warfare agenda, publishing documents endorsing “higher marginal tax rates” so that the so-called rich “contribute their fair share.”

The OECD advocates the value-added tax based on the absurd notion that increasing the burden of government is good for growth and employment.

It even concocts dishonest poverty numbers to advocate more redistribution in the United States.

And, most recently, the OECD published a report suggesting numerous schemes to increase national tax burdens.

And here’s the insult on top of injury. You’re paying for this nonsense. American taxpayers finance the biggest share of the OECD’s budget.

And I’m sure you’ll be happy to know that the OECD is now pushing for a massive energy tax.

Here are some relevant passages from an article in the OECD Observer.

…it’s prime time to introduce a tax on carbon… “Every government will need to explain how their policy settings are consistent with a pathway to eliminate emissions from fossil fuel combustion in the second half of the century,” says OECD Secretary-General Angel Gurría. This means looking at all policy measures to assess if they are effective in reducing CO2 emissions and in line with governments’ climate change objectives. An OECD report, Climate and Carbon: Aligning Prices and Policies outlines specific actions.

By the way, you can access the Climate and Carbon report by clicking here. But since I assume few if any people will want to read a turgid 57-page paper, let’s stick with excerpts from the short article in the OECD Observer.

All you really need to know is that the OECD (like the IMF) wants governments to boost energy prices, both explicitly and implicitly.

Explicit carbon pricing mechanisms, such as carbon taxes… other policies affect a country’s CO2 emissions and can effectively place an implicit price on carbon. …It’s time for governments to ramp up the development of alternative energies and to nail a price onto every tonne of CO2 emitted.

The article also includes other recommendations that are very worrisome. It suggests other fiscal changes that would boost taxes on the energy sector.

Needless to say, this means higher costs on energy consumers.

…carbon pricing should also include a review of the country’s fiscal policy to ensure that budgetary transfers and tax expenditures do not, directly or indirectly, encourage the production and use of fossil fuels.

By the way, when the OECD talks about “budgetary transfers” and “tax expenditures,” that’s basically bureaucrat-speak for back-door tax hikes such as changes to depreciation rules in order to force companies to overstate their income.

And since we’re deciphering bureaucrat-speak, check out this passage from the article.

…compensatory or other measures to mitigate the regressive impacts of reforms without losing the incentive to reduce emissions.

What the OECD is basically saying is that an energy tax will be very painful for the poor. But rather than conclude that the tax is therefore undesirable, they instead are urging that the new tax be accompanied by new spending.

Maybe this means higher welfare payments to offset increased energy prices. Maybe it means some sort of energy stamp program.

The details aren’t important at this point, particularly since the OECD isn’t making a specific proposal.

But what is important is that the OECD is using our tax dollars to advocate bigger government. So maybe the moral of the story is that we should stop subsidizing the OECD.

P.S. On a related topic, and in the interest of fairness, I have to give the OECD credit for being willing to publish an article on tax competition by my Australian friend, Professor Sinclair Davidson.

Sinclair points out that the OECD’s anti-tax competition campaign is based on the premise that bad things happen if labor and capital have some ability to migrate from high-tax nations to low-tax jurisdictions.

Yet the OECD has never been able to put forth any evidence for this assertion.

High income economies have tended to follow irresponsible fiscal policies over an extended period of time. …governments have been trying to access new sources of revenue. …The OECD has been campaigning on “harmful tax practices” since the late 1990s. …The report itself was a somewhat wordy affair that actually failed to define what ‘harmful tax practices’ constitute.Most damning of all, however, is that the OECD was unable to produce any actual evidence of these dire consequences, arguing instead: “A regime can be harmful even where it is difficult to quantify the adverse economic impact it poses”. The dog had eaten their homework.

What’s really going on, as Sinclair explains, is that politicians want a tax cartel to enable bigger government.

It turns out that governments and politicians, like business, don’t always appreciate having to work at improving themselves and offering a more attractive mix of services and taxation in order to attract business. …It is perfectly understandable why governments would want to establish a tax cartel. …countries, rather than respond to such competition by competing themselves, have chosen instead to engage in fiscal imperialism – bullying and cajoling sovereign nations to change their domestic policies.

Again, kudos to the OECD for allowing a contrary viewpoint.

I guess the bureaucrats are more relaxed now than they were back in 2001, when the OECD threatened to cancel an entire conference simply because I was present, or in 2008, when the OECD threatened to have me thrown in jail for giving advice to low-tax jurisdictions at another conference.

P.P.S. For additional information on why American taxpayers shouldn’t be subsidizing a left-wing bureaucracy in France, here’s my video on the OECD.

Now you can understand why eliminating handouts for the OECD should be a gimme for congressional Republicans.

Read Full Post »

Even though I fret about a growing burden of government and have little faith in the ability (or desire) of politicians to make wise decisions, I somehow convince myself that good things will happen.

Here’s some of what I wrote two years ago, when asked whether I thought America could be saved from a Greek-style fiscal collapse.

I think there’s a genuine opportunity to save the country. …we can at least hold the line and prevent government from becoming bigger than it is today. Sort of a watered-down version of Mitchell’s Golden Rule. The key is the right kind of entitlement reform.

But in that same article, I also issued this warning.

I may decide to give up if something really horrible happens, such as adoption of a value-added tax. Giving politicians a big new source of revenue, after all, would cripple any incentive for fiscal restraint.

To be blunt, imposing a big national sales tax – in addition to the income tax – would be a horrible defeat for advocates of limited government. A VAT would lead to more spending and more debt.

And that’s when folks might consider looking for escape options because America’s future will be very grim.

Here’s a video I narrated on why the value-added tax is awful public policy.

Thankfully, I’m not the only one raising the alarm.

In a recent editorial, the Wall Street Journal wisely opined on the huge downside risk of a value-added tax.

It’s the hottest trend among tax collectors, raising a gusher of revenue for spendthrift governments worldwide. …a new report from accounting firm Ernst & Young says that VAT “systems are spreading” around the world and “rates are rising.”

By the way, the comment about “rates are rising” is an understatement, as illustrated by the table prepared by the Heritage Foundation.

Politicians love VATs both because they generate huge amounts of revenue and because the tax is hidden in the price of products and thus can be increased surreptitiously.

The WSJ explains.

The VAT is a sort of turbo-charged national sales tax on goods and services… Politicians love it because it is the most efficient revenue-raiser known to man, and its rates can be raised gradually to finance new entitlements or fill budget holes. The VAT is typically introduced with a low rate but then moves up over time until it swallows huge chunks of national economies. …Because VATs are embedded in the price of products, they can often rise unnoticed by the consumer, which is why liberals love them as a vehicle for periodic stealth tax hikes.

And in this case, “periodic” is just another way of saying “whenever politician want more money.”

And if recent history is any indication, “whenever” is “all the time.”

E&Y says standard VAT rates now average a knee-buckling 21.6% in the European Union, up from 19.4% in 2008. Average standard rates in the industrial countries of the Organization for Economic Cooperation and Development have climbed to 19.2% from 17.8% in 2009. Japan is another example of the VAT upward ratchet. The Liberal Democratic Party tried to introduce the tax for years and finally succeeded with a 3% rate in 1989. Eight years later the shoguns raised it to 5%. Last year it climbed to 8%, whacking consumption and sending the economy back to negative growth.

The Japanese experience is especially educational since the VAT is a relatively new tax in that nation.

And here’s a chart showing what’s happened in the past few years to the average VAT rate in the European Union.

Now let’s look at another chart that is far more worrisome.

It shows that the burden of government spending in Europe, before VATs were adopted, wasn’t that much different than the fiscal burden of the public sector in the United States.

But once the VAT gave politicians a new source of revenue, spending exploded.

By the way, you won’t be surprised to learn that politicians increased spending even more  than they increased taxes.

So not only did VATs lead to more spending, they also led to more debt. I guess that’s a win-win from the perspective of statists.

Let’s now return to the WSJ editorial. Proponents sometimes claim that VATs are neutral and efficient. That may be somewhat true in theory (just as an income tax, in theory, might be clean and simple), but in the real world, VATs simply make it possible for politicians to auction off a new source of loopholes.

…while VAT systems are often presented as models of simplicity that theoretically treat all goods and services alike, politicians can’t resist picking winners and losers, creating higher or lower rates for industries at their whim. “The politicians always start running with exemptions,” says E&Y’s Gijsbert Bulk.

Here’s the bottom line.

Americans, be warned. …don’t think it can’t happen here. Liberals campaign on soaking the rich, but they know there’s only so many rich to soak. To finance the growing entitlement state, they need a new broad-based tax that hits the middle class, where the big money is. That means either a VAT or a new energy tax, like the BTU tax Bill and Hillary Clinton proposed in 1993 or the cap-and-tax scheme that President Obama wanted.

The WSJ is correct. We need to be vigilant in the fight against the VAT.

But what makes this battle difficult is that some putative allies are on the wrong side.

Tom Dolan, Greg Mankiw, and Paul Ryan have all expressed pro-VAT sympathies. The same is true of Kevin Williamson, Josh Barro, and Andrew Stuttaford.

And I’ve written that Mitch Daniels, Herman Cain, and Mitt Romney were not overly attractive presidential candidates because they expressed openness to the VAT.

P.S. Some of you may be asking why leftists are so anxious for a VAT since they traditionally prefer class-warfare based tax hikes that extract revenue from the rich.

But here’s one of the dirty secrets of Washington. They may not admit it in public, but sensible leftists understand that there are Laffer-Curve constraints on extracting more revenue from upper-income taxpayers.

They’re familiar with the evidence from the 1980s about the sometimes-inverse link between tax rates and tax revenue and they are aware that “rich” people have substantial control over the timing, level, and composition of their income.

So if you want to collect more money, you have to go over lower-income and middle-income taxpayer.

Which is exactly what the IMF inadvertently revealed in a study showing that VATs are the “effective” way of financing bigger government.

P.P.S. I should have written that leftists generally don’t admit that they want higher taxes on the general population. Because every so often, some of them confess that their goal is to rape and pillage the middle class.

P.P.P.S. You can enjoy some good VAT cartoons by clicking here, here, and here.

Read Full Post »

While I sometimes make moral arguments against the current tax system (because it is corrupt, because it doesn’t treat people equally, because it provides unearned wealth for insiders, etc), my main arguments are based on economics.

High tax rates on workers and entrepreneurs discourage productive behavior.

Double taxation on income that is saved and invested discourages capital formation.

Tax preferences and other loopholes bribe people to use resources inefficiently.

These are the principles that explain why I like tax reform, why I promote the Laffer Curve, and why I advocate for tax competition.

Maybe it’s time, however, for a back-to-basics primer on taxes and behavior. That’s why I’m very glad that Professors Tyler Cowen and Alex Tabarrok of George Mason University (and the Marginal Revolution blog) are producing videos on various economic principles.

And I particularly like a video they produced which uses supply and demand curves to show how taxes reduce economic output.

But before we watch that video on taxes and “deadweight loss,” here’s a video on how supply and demand curves interact.

Feel free to skip this video if you feel confident in your understanding of these economic concepts (and also feel free to watch this video on the demand curve and this video on the supply curve if you don’t have any background knowledge and need to start at the beginning).

Now let’s look at their first-rate video on how taxes lead to less economic output and foregone value for both buyers and sellers.

Very well done. I particularly like the closing example showing how the so-called luxury tax backfired.

Here are a few of my thoughts to augment Professor Tabarrok’s analysis.

1. The video looks at how taxes affect the equilibrium level of output for an unspecified product. Keep in mind that this analysis applies to “products” such as labor and investment.

2. It should go without saying (but I’ll say it anyhow) that ever-higher tax rates impose ever-higher levels of deadweight loss.

3. The point about avoiding taxes on goods where there is high “elasticity” has important lessons for why it is foolish to impose class-warfare tax rates on people who have considerable control over the timing, level, and composition of their income.

4. This analysis does not imply that all taxes are bad. Or, to be more precise, the analysis does not lead to the conclusion that all taxes are counterproductive. If government uses money to provide valuable public goods, the overall effect on the economy may be positive.

P.S. I’ve shared a couple of tests that allow people to determine their philosophical/political leanings, including the libertarian/anarchist purity quiz, the circle test to see where you are on the spectrum from socialism to voluntarism, and a candidate affinity test.

I’m a sucker for these quizzes, even when they don’t make sense.

And if you like these tests (particularly one that does make sense), then you’ll enjoy this quiz from David Boaz’s new book, The Libertarian Mind: A Manifesto for Freedom.

You’ll be shocked to learn I got a perfect score. Which is probably a good thing since David is one of my bosses.

The Princess of the Levant will snicker at the thought of me being described as “cosmopolitan,” but I’ll tell her that even a rube can have a cosmopolitan vision of society.

And remember, libertarians also have the self confidence to enjoy self-deprecating humor, so we must be good folks.

Read Full Post »

Like many taxpayers, I personally get upset with the Internal Revenue Service when I file my taxes.

But I probably get angrier than the average taxpayer. That’s because I have first-hand knowledge of the waste and fraud in the federal budget, so it galls me that so much of my income is being diverted to the open sewer of Washington.

But I also want to be fair. It’s politicians who have created our monstrous tax code. And it’s politicians who have created the bloated spending programs that undermine our prosperity.

So they deserve most of the blame.

That being said, we shouldn’t let the IRS off the hook.

Never forget, after all, that this is the bureaucracy that – in a disgusting display of bias – interfered with the electoral process by targeting the President’s opponents.

And then awarded bonuses to itself for this corrupt behavior!

So when Neil Cavuto asked me whether the IRS deserved a bigger budget, you can see I was not exactly sympathetic.

There are two points from the interview that deserve a bit of elaboration.

First, I pointed out that the IRS budget is far bigger than it was 30 years ago, even after adjusting for inflation.

So the notion that the tax collectors are suffering from “savage” budget cuts is utter nonsense.

Not surprisingly, the IRS and its defenders like to compare today’s budget with the amount that was spent right after the faux stimulus, when every bureaucracy was gorging on other people’s money.

But as I explained in the interview, that’s very misleading.

Second, we have the bigger issue of how to deal with an ever-more sclerotic tax code and and never-ending demands for more money out of Washington.

Assuming one thinks turning America into Greece is an acceptable or desirable outcome, the IRS will need more money.

But this is precisely why I said at the end of the interview that we should say no. Simply stated, giving the IRS a bigger budget almost certainly means a continuation of bad policy.

But maybe, just maybe, if the IRS budget is held in check, the politicians will conclude that we need tax reform and spending restraint. Remember, when all other options are exhausted, politicians sometimes do the right thing.

By the way, I’m not the only person who is upset. George Will also is irked with the Internal Revenue Service and wrote a powerful indictment of the corrupt bureaucracy for the Washington Post.

He starts by observing that the slimy and biased Lois Lerner will probably get away with her crimes thanks to Obama Administration stonewalling and obstruction of justice.

 Lois G. Lerner…, as head of the IRS tax-exempt organizations division, directed the suppression of conservative advocacy groups by delaying and denying them the exempt status that was swiftly given to comparable liberal groups. …through dilatory and incomplete responses to subpoenas, and unresponsive answers to congressional questions…Lerner’s name now has an indelible Nixonian stain, but there probably will be no prosecution. If the administration’s stonewalling continues as the statute of limitations clock ticks, Roskam says, “She will get away with it.” …Many thousands of Lerner’s e-mails that supposedly were irretrievably lost have been found, but not released. The Justice Department’s investigation, which was entrusted to a political appointee who was a generous contributor to Barack Obama’s campaign, is a stone in the stone wall.

It’s discouraging that Ms. Lerner won’t be held accountable for criminal actions, but Will points out that at least Congress has the ability to engage in real oversight to hopefully deter further misbehavior.

One place to begin is with the evidence — anecdotal but, in the context of proven IRS corruption, convincing — of other possibly punitive IRS behavior toward Republican contributors and other conservative activists. This justifies examining the IRS’s audit selection process.  …Next, there should be hearings into the illegal disclosure of taxpayer information about conservative individuals and groups to the media and to liberal officials and groups.

And just in case anyone is tempted to feel sorry for the IRS, don’t forget that the bureaucracy continues to disregard the law.

Or, in some cases, to arbitrarily change the law.

…the IRS’s lawlessness has extended to its role in implementing the Affordable Care Act. The act says that federal subsidies shall be distributed by the IRS to persons who buy insurance through exchanges “established by the State.” …The court probably will rule that the IRS acted contrary to law. If so, the IRS certainly will not have acted contrary to its pattern of corruption in the service of the current administration.

Yup, he nailed it. A corrupt agency serving the interests of a corrupt White House.

P.S. Since we’re talking about taxation today, here’s a video from the oldie-but-goodie collection.

I can’t vouch for the veracity, but I gather this fellow was very upset by high property taxes.

As you might guess, my sympathies are with the Marquis de Maussabre.

Just as I applaud French entrepreneurs, American companies, Italian boat owners, Spanish movie patrons (and porn aficionados), California citizens, Greek shop owners, Facebook millionaires, Norwegian butter buyers, New York taxpayers, Bulgarian smokers, foreign cab drivers, New Jersey residents, Australian film stars, and everyone else who does their part to limit the amount of tax revenue flowing to governments.

Read Full Post »

I’m not reflexively opposed to executive orders and other unilateral actions by the White House. A president and his appointees, after all, have a lot of regulatory authority.

This is because, for better or worse, many of the laws approved in Washington basically express a goal and identify some tools. It’s then up to the relevant agency or agencies to promulgate regulations to enforce and implement those tools in order to supposedly achieve those goals.

But here’s the catch. The executive branch has to make at least a semi-plausible case that any given action is consistent with the law.

And the problem with this White House is that it has been using regulations and executive orders to change laws, thwart laws, and ignore laws.

There have been several instances of the White House arbitrarily deciding to ignore or alter major parts of Obamacare.

The Obama Administration has decided a law giving the federal government authority over the “navigable waterways” of the United States also means the federal government can regulate ponds on private land.

President Obama’s Treasury Department not only used a regulation to force American banks to put foreign law above American law, it also dealt with the unworkability of FATCA by creating an intergovernmental agreement mechanism that isn’t even mentioned in the law.

And don’t forget, regardless of what you think about immigration, the President also unilaterally decided to grant amnesty to millions of illegal aliens.

And that issue served as a springboard for a discussion with Fox News about a possible White House scheme to unilaterally impose big tax hikes on the business sector.

I’m surprised that I didn’t splutter with outrage during the interview. You don’t need to be a constitutional scholar, or even a lawyer, to be able to read Article 1, Section 7, of the Constitution.

And while Obama may not have a problem with the notion of America becoming a banana republic, we actually have co-equal branches of government, each with specific roles and powers.

Here’s the relevant text from the Constitution, as contained in the official repository at the National Archives.

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States.

Maybe I’m not very careful reader, but I don’t see anything in that passage about “unless President Obama feels otherwise” or “with the exception of unilateral tax hikes on companies.”

Though I imagine Ruth Bader Ginsburg could rationalize that such hidden clauses actually exist.

For additional background, here’s some of what The Hill has reported.

The Obama administration is not ruling out using executive powers to also address the tax code. With Senate Democrats openly pushing the administration to take its own action on the tax front, the White House is not shooting down the idea. …Earnest noted that the president has told lawmakers what he is interested in on taxes — closing loopholes for the wealthy and corporations… Earnest said he was not “ruling anything in or out,” when it came to specific executive steps. “This is related to the president’s ability to use his executive authority to do what he thinks is the right thing for the country,” he said.

By the way, my opposition to unilateral changes is based on principle.

So I’d be opposed even if a pro-freedom President wanted to suspend bad parts of the tax code or use “prosecutorial discretion” to provide de facto amnesty to taxpayers who refused to comply with an immoral part of the tax code, such as the death tax.

Though you won’t be surprised to learn that Obama isn’t contemplating any good unilateral changes. Instead, the policies being examined would exacerbate double taxation and extend worldwide taxation.

So we may get the worst of all worlds. Unilateral action on taxes that makes a mockery of our Constitution and rule of law while also making an already terrible business tax system even worse.

P.S. The United States only ranks #19 in an international comparison of what nations do a good job of upholding the rule of law. Makes you wonder where we’ll rank by the time Obama leaves office.

Read Full Post »

Older Posts »

Follow

Get every new post delivered to your Inbox.

Join 2,703 other followers

%d bloggers like this: