iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Dr. Philip Neches

Dr. Philip Neches

Posted: October 8, 2010 05:40 PM

Suppose the Tax Cuts Expired

What's Your Reaction:

In ordinary human interaction, when almost everyone agrees on something, except for one part, you implement the parts everyone agrees on and discuss the remaining part until it is resolved. In the tortured, hyperbolic echo chamber we call the nation's capitol, no such logic prevails. Such is the case with the so-called debate on what to do about the Bush era tax cuts, which expire on December 31, 2010.

I say "so-called debate" because a "debate" assumes that both sides listen and respond to each other. Republicans took a stand based on their leaders' perception of the tactical interests of their party, and now in the election season, Democrats respond in kind. It may be a validly political process, but it insults the integrity of the English language to call it a debate.

The tax cut bills passed during the last presidency went through the Senate by "reconciliation" rules of procedure. Under these arcane Senate rules, the normal need to get 60 votes for cloture (the process that brings a bill to the floor for a vote) do not apply: the bill can advance by simple majority vote. However, the bill moved under reconciliation procedures must be only a fiscal (spending and revenue) measure, and must be deficit-neutral over 10 years.

Of course, there is no way a permanent tax rate reduction can be deficit-neutral. Therefore, the bill had to be written as a temporary rate change, with an expiration date. The promoters of the bill assumed that their party would still be in power when the expiration date approached, and could extend the cuts using the same procedures that were used to first enact it. If the promoters' party loses power, then the expiration creates what the British call a "sticky wicket" for the opposition, now the party in power. And so it goes.

In a common sense world, the Senate would pass the Obama administration proposal to keep the Bush tax cuts for all but the highest income taxpayers. After all, hardly anyone opposes that step. Then one could have an actual, real debate on the merits of letting the cut for the highest income group expire, or not. According to Senate Majority Leader Harry Reid, common sense is now scheduled to break out in the lame-duck session after the elections and before the new Congress is seated in January, 2011.

But suppose it doesn't. Suppose that the same political calculus that prevailed for the last 18 months continues after the election -- unlikely as that may seem. The new tax cut bill would remain stalled, and would procedurally die with the waning session of Congress. The tax cuts would then expire on New Year's Eve, and we would enter 2011 with Clinton-era tax rates.

What would happen? If you listen to the inside-the-Beltway hyperbole, all hell would break loose. But what would happen on planet Earth, in the actual United States of America?

To get a handle on this, I start with something my tax accountant told me. His clients are, for the most part, relatively wealthy people. They own their own businesses, are senior corporate executives, or are retired with substantial investments to manage. In other words, top bracket folks. Their dirty secret? Year in, year out, despite the ongoing flood of new tax rules, procedures, forms, and rates, they actually pay about 25% of their gross to Uncle Sam. How does this work? Well, he explains, his job is to advise his clients so that they can utilize the deductions, rules, and programs to their best advantage, while still fully complying with the law.

So what would you do in this situation if your nominal tax rate goes up? A lot of things, it turns out. You may put more into tax-deferred vehicles, or arrange your income to come as capital gains (lower rates).

If you don't have time to do the year-plus ahead planning for those strategies, the simplest thing is to spend more on things that generate deductions. Give more to charity. Buy a new computer. Do more business travel: go more often, stay longer, upgrade accommodations. When it comes to spending a bit more, creativity is easy.

The result is that even though the rules changed, the check to Uncle will remain about the same. And while I have described the behavior changes of the highest income taxpayers, other taxpayers can employ similar strategies. They do not have as much discretion to implement them, but they also would have a lower tax rate increase to try to offset.

In other words, Americans will do what they always have done since the Sixteenth Amendment went into effect in 1913: curse and scream -- then quietly adapt. Who knows, they might actually boost the economy by spending more in certain areas (deductible, of course).

That may explain, at least in part, the disparity between common political wisdom about tax cuts, particularly for the wealthy, and actual economic performance. A higher marginal tax rate can actually encourage spending, where a lower marginal tax rate can encourage saving. This seems to be the opposite of common sense, but it is the logic for people who are rich. In this context, "rich" simply means having sufficient resources to meet one's actual, minimal, immediate needs -- by this definition, a majority of Americans are at least somewhat rich.

Finally, if the Bush era tax cuts expired, the Obama administration would then be free to devise a tax rate policy proposal not constrained by the policy of the prior administration. Political common sense would seem to say that not only would they, but they would be very motivated to pass it early in 2011 and make it retroactive to New Year's Day.

All this will most probably turn out to be idle speculation on a sunny Friday in October. But if Harry Reid is wrong about common sense erupting in the Senate, remember -- you read it here first.

 
In ordinary human interaction, when almost everyone agrees on something, except for one part, you implement the parts everyone agrees on and discuss the remaining part until it is resolved. In the t...
In ordinary human interaction, when almost everyone agrees on something, except for one part, you implement the parts everyone agrees on and discuss the remaining part until it is resolved. In the t...
 
 
  • Comments
  • 160
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
Page: 1 2 3  Next ›  Last »  (3 total)
07:41 PM on 10/11/2010
"the simplest thing is to spend more on things that generate deductions"

So you spend $1000 to save $300 in taxes? What a crock.

The simplist thing is to limit or eliminate as much non-income producing spending as possible. Our company has cut back on training, seminars, shows, travel, and all unjustified expenses. No Christmas party. No new hires. They understand that it is easier to increase profits now by cutting expenses than expanding sales.
photo
HUFFPOST BLOGGER
Dr. Philip Neches
Entrepreneur, scientist, history buff
11:21 PM on 10/11/2010
Of course, beware the parable of the man who fed his mule less and less until it was living on nothing ... but not for long.
08:53 AM on 10/12/2010
This is not feeding the mule less. It is feeding him the same amount instead of more. That will last awhile.
This user has chosen to opt out of the Badges program
photo
12:01 PM on 10/11/2010
ok, so this is good advice for the wealthy, or somewhat wealthy, or maybe self employed.
On the other hand, if we are in the middle of the middle income-wise and our tax effectively goes up $3,000 or $4,000 that will most likely be our discretionary money which we have up til recently, patriotically been spending.
We'll be fine but there'll be no vacation, new computer, or other stuff like that.
The consolation for me is that the rich will have to start pulling their weight- either thru paying more taxes or spending as you suggest.
We may yet have an additional cut in income thru across the board cuts in hours so the one-two punch may be coming to those of us still working.
The middle class- those that are still working- are no longer the engine of economic growth or recovery.
photo
HUFFPOST BLOGGER
Dr. Philip Neches
Entrepreneur, scientist, history buff
11:28 PM on 10/11/2010
Since we are talking about differences of a couple of percent at lower brackets, it would take an income near the top of the second bracket (about $200,000) to see that much of an increase. People earning, say, $50,000 would see more like a $500 increase -- if the tax cuts expire. Please remember that I think the most likely thing is that politicians will act on Obama's proposal to extend the cuts for all but the top bracket. I wanted to point out that if this does not happen, it may not be a happy occurrence for many taxpayers, but it would not be the Armageddon that the prevailing rhetoric paints.
10:45 AM on 10/11/2010
So your advice is to spend a dollar to save 39.6 cents or 33 cents depending on your marginal tax bracket. You advise to do more even if it does not makes economic sense? You should go see the movie 'Secretariat'. It is as much a story of a Housewife's struggle to hold on to hers father's beloved horse farm when faced with 6 million dollars in Death Taxes as it is about the finest race horse of all time.
photo
HUFFPOST BLOGGER
Dr. Philip Neches
Entrepreneur, scientist, history buff
11:36 PM on 10/11/2010
A great, and true life, story it is. But part of the set up of the circumstances is that Father failed to heed his estate attorney.

If you want to keep a family business in the family, you have to plan for it years in advance. This means more than just transferring ownership to the next generation, but giving them the training and experience to actually run the business.

It makes a wonderful, redemptive movie when the plucky heir prevails against all odds. But for most real life multi-generation family businesses, the transition is about hard work, learning, cooperating, letting go, and stepping up. It may be full of small, every-day drama, but the story usually only interests the few people actually living it.
photo
HUFFPOST SUPER USER
h23154
06:44 AM on 10/11/2010
If you follow the GOP logic things would be great of there were no taxes at all. The flip side seems to be that raising taxes - or allowing them to go up in an exercise of passive-agression - it also makes things better and the higher the taxes the better as long as someone else is paying them. Obviously, if one has little or no income, income tax rates are irrelevant. And if one has lots of income, taxes beyind a certain point become a source of contention becaus, and let's be realistic, the government just wastes an awaful lot on a lot of things. So hold your nose, vote for whomever panders best to what you perceive as your interests, and if you lose, try, try again.
photo
HUFFPOST BLOGGER
Dr. Philip Neches
Entrepreneur, scientist, history buff
08:29 AM on 10/11/2010
It is ironic that initiatives to actually do something about waste, duplication, and fraud in government spending only seem to happen when a Democrat is in the White House. As anyone who has had to manage a business or household can attest, getting more benefit for the money you spend is grinding, hard, detailed work. It requires a lot of discipline and persistence. Each advance is too small to change the over all outcome: it takes the sum of many, many decisions and actions to change the circumstances of the business or family. The generalizations that come from it make better Sunday platitudes than political bumper stickers.
photo
HUFFPOST SUPER USER
Erik Rieder
Snark heavy, you've been warned
11:49 PM on 10/10/2010
Let em all expire. Buisness owners would more than likely have to keep their money in the buisness rather than gambling it on the stock market.
oilfield
large employer per obamacare
12:35 AM on 10/11/2010
you have to pay taxes on profit even if you keep the money in your business....make business taxes 0 on 5 million or more in net profit and you will see the economy grow....
photo
HUFFPOST PUNDIT
DRaymond
Network administrator, voiceovers
09:45 PM on 10/10/2010
The hidden absurdity of this is that ten years ago the Republican actually convinced themselves that this massive multi-trillion dollar tax cut was 'defecit neutral'. The admission of the costs of these tax cuts on the deficit is the ultimate refutation of something that Republicans still seem to pretend to believe: That tax cuts spur so much growth that they pay for themselves. Obviously they don't.
photo
HUFFPOST BLOGGER
Dr. Philip Neches
Entrepreneur, scientist, history buff
11:32 PM on 10/10/2010
Such has been the unfortunate experience of the large-scale tax cuts from the Reagan and Bush years. But people may have learned the wrong lesson from two tax cuts that succeeded.

The first was proposed by President Kennedy shortly after taking office as a way to deal with the recession that hit at the end of Eisenhower's second term. Kennedy proposed a very modest tax cut, restricted to lower- and middle- income brackets. The idea was that these taxpayers would be most likely to spend their entire tax cut, maximizing the stimulative effect on the economy. The economy rebounded in 1962 and 1963. And the resulting increase in tax revenue more than offset the revenue lost to the cuts. Whether the Kennedy tax cut contributed all, some, or none of the stimulus, it gave people the idea that a tax cuts work. But people forgot how limited and carefully constrained it was.

The other tax cut that worked was in Carter's 1978 tax bill, which sharply lowered capital gain tax rates. Under Nixon, capital gains rates went up to equal the rates on ordinary income. To the surprise of nobody who follows capital markets, capital formation cratered under Nixon. It took a few years for the impact of the Carter tax bill to be felt, but no where was it more keenly felt than in venture capital. Venture capital went from almost non-existent to over $2 billion per year by the early 1980s. They funded my company.
oilfield
large employer per obamacare
12:39 AM on 10/11/2010
for those of you who say that tax cuts increased the deficits...here is a link....spending increased the deficits....which a lot of republicans would agree bush spent too much. but revenue is yet another issue....the tax cuts increased the revenue as obama has also admitted...the cuts going away are for making things fair not increasing revenue....2007 was record revenues. http://www.taxpolicycenter.org/taxfacts/displayafact.cfm?Docid=200
photo
HUFFPOST PUNDIT
DRaymond
Network administrator, voiceovers
06:33 AM on 10/11/2010
If you look at the columns for spendig and revenue in fy2005 dollars you see that it peaked in 2000 and only barely returned to that level in 2006 and 2007. Yes, spending also skyrocketed, but that was because of wars in Iraq and Afghanistan, interest, and obligations for social security and medicare for the growing ranks of seniors, things which you can't just wish away.
09:06 PM on 10/10/2010
In reading this column, I'm now more convinced Bastiat was right, 200 years later. "That which is seen, and that which is unseen"
photo
HUFFPOST BLOGGER
Dr. Philip Neches
Entrepreneur, scientist, history buff
11:40 PM on 10/10/2010
I'll take that as a very literary complement -- I hope it was intended that way.

Fredric Bastiat (1801 - 1850) was a French liberal politician and economist. The quotation is the title his last essay on political economy that touches on subjects including taxes, subsidies, public works, and more. He starts with the point that the poor economist deals only with what can be seen, but what is really important is what may not be seen, but must be foreseen.
HUFFPOST PUNDIT
maxfax
Taa - dah!
05:34 PM on 10/10/2010
Let the tax cuts expire, it's a beginning.
oilfield
large employer per obamacare
02:31 PM on 10/11/2010
we need less revenue....its a good plan, but it will be fair.
photo
HUFFPOST SUPER USER
TheJibreelaMonsters
the library is one of the best places to find me
03:59 PM on 10/10/2010
I never I would live thru another great depression and maybe this would be a good thing.. At least the struggle will be on high def
HUFFPOST PUNDIT
maxfax
Taa - dah!
05:35 PM on 10/10/2010
That's the difference between then and now, electronics.
photo
Daphydd
Lets play some music
03:57 PM on 10/10/2010
Thanks for this valuable real world analysis.
photo
HUFFPOST BLOGGER
Dr. Philip Neches
Entrepreneur, scientist, history buff
12:10 AM on 10/11/2010
You're welcome!
HUFFPOST PUNDIT
noaxe397
01:11 PM on 10/10/2010
"Of course, there is no way a permanent tax rate reduction can be deficit-neutral"

GOP orthodoxy for the past 30 years would disagree with you on this one.

"His clients are, for the most part, relatively wealthy people. They own their own businesses, are senior corporate executives, or are retired with substantial investments to manage. In other words, top bracket folks. Their dirty secret? Year in, year out, despite the ongoing flood of new tax rules, procedures, forms, and rates, they actually pay about 25% of their gross to Uncle Sam."


Affirming what working people have always known, and stated, again here, that rich people do not pay their fair share.

If I had a dollar for every angry hater who said "I pay half my income in taxes," then I'd be rich, too.
photo
HUFFPOST BLOGGER
Dr. Philip Neches
Entrepreneur, scientist, history buff
11:51 PM on 10/10/2010
See my comment above on the example of the Kennedy and Carter tax cuts -- which worked. Too bad that orthodoxy did not understand how they were constructed and why they worked.

Actually, rich people do pay almost half of their gross in taxes, if you count all forms of taxes: federal, state, local, income, property, sales, social security, Medicare, yada, yada, yada. This is after all deductions, deferrals, shelters, programs, etc. According to my tax accountant, the bite is between 40% and 48%, year in, year out.

Paying taxes is not like buying a candy bar. The pain of making the payment is completely detached from the enjoyment of the benefits. No matter how patriotic and civic minded you are, it hurts to write that check.
HUFFPOST PUNDIT
noaxe397
10:01 AM on 10/11/2010
Don't working people pay all those same taxes also? So those taxes would net-out eachother regardless of income bracket, leaving the rich with a free ride.

Conservative orthodoxy states the best government is local, yet it local taxes that are skyrocketing while federal taxes are the lowest in 60 years.

Sir, too many square pegs to be fit in round holes when one tries to defend the upside down state of affairs today.

Remember the bet Warren Buffet has posted, for a business executive who pays a lower overall tax rate than his secretary.
photo
HUFFPOST SUPER USER
Skeptical Patriot
12:23 PM on 10/10/2010
The concern that many entrepreneurs and high income people is that rhetoric from the democrats and white house. There is a basic position put forth that 1) Business/business people are evil 2) Business is culpable for all that economically ails the country and that government and individuals bear no responsibility. 3) Higher taxes are a no cost penalty for the sins of success. 4) There is no limit to income redistribution 5) If only government had an unfettered ability to regulate and tax then everything will be OK.

If Obama and Democrats put forth a plan that 1) Capped taxes at the Bush era tax levels - No new taxes on income and capital gains after this round 2) Agreed to target 3% of GDP for a deficit 3) Changed their tune on the evils of business and actually embraced business as a partner in fixing the mess rather than the whipping boy by bringing in senior business leaders for a seat at the table

They would have a complete change in the tone, tenor and support for the tax increase on the wealthy. Instead, everyone in business "knows" that give them an inch and socialism is just around the corner and that the only way to stop the desires of the left is fight it at every corner. This is simple to fix IF the White house would signal specific limits.
HUFFPOST PUNDIT
noaxe397
01:14 PM on 10/10/2010
And those concerns are totally unfounded and share no place in the reality based universe.

Let's see if the GOP adopts any of your sugestions after January 1, 2011, when THEY control Congress.

Given the past 12 years of GOP control, I'm not holding my breath.

Hey, in your list of scoialist boogeymen, you left out defecits. How come defecits ALWAYS get left out when the angry rich talk about taxes?
01:57 PM on 10/10/2010
How come deficits ALWAYS get left out when the angry libs talk about spending? Tax revenue does not cause deficits, spending does. If I take in $0 tax revenue I can still be "deficit-neutral," I just have to spend $0. Hard concept for liberals in general and Washington Republicans in specific to get.
photo
HUFFPOST SUPER USER
Skeptical Patriot
07:28 PM on 10/10/2010
You didnt read the post. I specifically called for targeted deficits of 3% of GDP. I am all for upping taxes in the event that the government commits to a cap and to deficit targets. Predictable, responsible budgeting with targets and shared sacrifice is fine with me. Most of GOP is just as pathetic as the Dems. Paul Ryan (WI. R) is an exception.
08:57 AM on 10/10/2010
Common sense would say you do not raise taxes (expenses) on small business if you want them to create jobs. Given a choice between paying $40,000 in taxes and hiring one person small businesses pay the taxes.
photo
HUFFPOST PUNDIT
Chucktheman
10:02 AM on 10/10/2010
small businesses will gain the from new programs to to invest and write off investments in new equpment, breaks for new hires and still get the same break on the first 250,000 of income. Only the income after that point would go to "near" Clinton level tax cuts. They would still do better than under Clinton and the vast savings to the Govt.( the average tax payers money as a tool to do the peoples work ) would realize savings that would otherwise have to be borrowed from China. Many would have used this break to go on another cruise on the backs of our grandchildren.
01:59 PM on 10/10/2010
Small business do not gain from having to spend more time and resources on preparing tax returns. I should know, I run one. Saving every receipt and pouring over tax returns is not a great way for me to grow my business.
HUFFPOST PUNDIT
noaxe397
01:20 PM on 10/10/2010
We have had 2.5 TRILLION in tax cuts over the past 2 administrations. The unemployment rate has gone from 3.9% at the end of the Clinton administration to 7.6% at the end of the Bush adminstration (a doubling) to 9.6% currently.

A 140% increase in unemployment after all these tax cuts for individuals and businesses big and small.


When do we start to recognize the very small roll taxes plays and stop using it as an excuse for poor management and avoiding risk taking. It seems there is a whole new class of "welfare" businessmen out there who want a federal gaurantee they will make money or they are just going to take their ball and go home.
This user has chosen to opt out of the Badges program
06:42 AM on 10/11/2010
Interesting point. We are currently living with the Bush Tax cuts and unemployment is at 9.6%. Obviously these cuts have not been helping so lets just up the rates a bit.

Obama is the Anti-Reagan, both presided over difficult economic times. Reagan brought about a recovery, Obama is going to make it worse. They are alike in the aspect that the jacked up deficit spending by a factor of 3.
04:45 AM on 10/10/2010
The problem comes when one uses "integrity" in the same paragraph as Democrat and Republican.
As I watch the attack ads flow I realise that the current crop of politicians are the true definition of evil: willing to deliberately damage our country and our society for their own gain.
12:02 AM on 10/10/2010
Lets keep the tax cuts and rais social security five years.
This user has chosen to opt out of the Badges program
photo
06:47 AM on 10/10/2010
Let them expire! Then clawback the billions that were not needed by the 2% ers!