The primary source of revenue for The United States Government is the income tax. Like many other government programs, the income tax started with good intentions but politicians interested in votes have changed it through the years into the corrupt system it is today. In this posting, we will look at the history of the income tax, some major changes that have occurred through the years, and why I believe the current system is corrupt and in need of change.
History
Both the Federal Union and the Confederate States of America enacted the first income tax in the United States in 1861 in order to finance the Civil War. After the war was over, this tax was repealed since it was no longer necessary. Interestingly, the courts held that the Civil War income tax was not in violation of the constitution. This may have been due to its temporary nature and the modest reach of the tax due to its broad exemptions and low rates.
In 1894, a new Federal Income tax was enacted but this time opponents were able to successfully challenge its constitutionality in court. In Pollock v. Farmers Loan and Trust Co., the U.S. Supreme Court found that the income tax constituted a tax on real and personal property and would require apportionment. Since the legislation enacted in 1894 did not provide for apportionment, the law was ruled unconstitutional.
After ratification of the Sixteenth Amendment to the U.S. Constitution in 1913, the Pollock ruling was essentially overturned, opening the door for a federal income tax. The revenue act passed by congress in 1913 set up the first constitutionally legal income tax in the United States.
This first income tax allowed personal exemptions of $3000 for individuals and $4000 for married persons. The rates ranged from a low of 2% and a high of 6%. The tax also only applied to individuals with income in excess of $500,000.
Major Changes
The amount allowed for personal exemptions has not changed much throughout the years. In 2008 taxpayers received 3500 if they are single and 7000 if they are married. However, the rates have increased substantially to a high of 38%. The income threshold has also been lowered substantially.
The current tax code also allows individuals to deduct certain expenses off their taxable income. These deductions are designed to make the tax code fairer as well as encouraging of certain activities. For example, the tax code allows individuals to deduct medical expenses that are in excess of 7.5% of their taxable income. The code also allows individuals who suffer a casualty loss in excess of 2% of their income a deduction. This is designed to give individuals who have major health problems, or a major casualty loss, a break on their taxes.
To encourage charitable behavior the code also allows a deduction for both cash and non-cash charitable contributions. This is designed to encourage charitable giving. In order to encourage home ownership the code also allows homeowners to deduct the interest, taxes, and insurance on their homes. However, taxpayers are not allowed to deduct more than their income, at least not until the invention of the Earned Income Credit.
The Earned Income Credit (EIC), like many other government programs, started with good intentions. The idea was to give lower income individuals; primarily those just entering the workforce, a credit to help them get started. It was never intended that individuals would continue to receive the credit years later. However, politicians in charge of writing the tax code saw an opportunity to buy the votes of lower income individuals by expanding this program and adding additional refundable tax credits such as the additional child tax credit. Today, individuals making around $20,000 per year with two children can earn tax credits of as much as $5,000 as well as getting back any withholding tax they had withheld.
On the upper end of the tax code we have added the Alternative Minimum Tax (AMT). The idea here was to insure upper income individuals, who normally have higher deductions, paid some tax. This was accomplished by taking phasing out some of their deductions such as the home mortgage deduction or the deduction for charitable contributions.
The squeeze on the tax code caused by both the AMT and EIC mean that the burden of taxes in the United States lies heavily on the wealthy. According to the latest IRS figures, 86% of income tax is paid by the top 25% of income earners. The top 50% of earners pay 97% of the taxes with the top 1% paying 39%. There are also 40% of Americans who pay absolutely no income tax and many of these 40% also receive refundable tax payments.
Corruption:
Politicians have been successful in using the tax code to transfer wealth from wealthy individuals to poorer individuals though the AMT. They have also been able to set up a hidden welfare system in the tax code using refundable tax credits.
Adam Smith, one of our founding fathers, issued 10 principles of a desirable tax policy.
1. The tax policy must promote equality
2. The tax policy must be convenient. This means the costs and means of collecting taxes must be low and the administrative costs to taxpayers must also be low.
3. Certainty meaning the taxpayer can readily predict when, where and how a tax will be levied. The taxpayer also needs to be aware of the tax consequences of a particular type of transaction.
4. Economy meaning the tax policy has nominal collection costs and nominal compliance costs by taxpayers.
5. The tax system should be simple
6. The tax policy should be neutral in terms of its effect on business decisions
7. The tax should not reduce economic growth and efficiency
8. The tax should be easily understood by taxpayers.
9. The tax should be structured to minimize noncompliance.
10. The tax policy should enable the government to predict the amount and timing of revenue production.
Interestingly the American Institute of Certified Public Accountants (AICPA) adopted these 10 guidelines on July 2, 2001. Unfortunately, lawmakers in the United States have failed to follow the guidelines of Adam Smith and instead have used the tax code to solidify their political power and are even proposing further tax increases on the wealthy and additional refundable tax credits such as an education tax credit. If the United States is to continue being an economic super power, the ability to use the tax code for political gain must be taken away from politicians. This will require an overhauling of the current tax code. Next week we will look at some of these alternative tax proposals.
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