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Jared Bernstein

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Taxing Capital Gains at Ordinary Rates: Evidence Says Do It... So Does Buffett

Posted: 08/21/11 08:19 PM ET

Why not tax capital gains as ordinary income?

That's an old chestnut among those of us who believe that the differential between tax rates on different types of income causes more harm than good.

James Stewart has a great piece in today's NYT asking this question. The usual objection to increasing the rate on capital gains -- that's the money you get when you sell an asset for more than you paid for it -- is that it will discourage investment.

And once again, we have a great quote from Warren Buffett:

I have worked with investors for 60 years and I have yet to see anyone -- not even when capital gains rates were 39.9 percent in 1976-77 -- shy away from a sensible investment because of the tax rate on the potential gain. People invest to make money, and potential taxes have never scared them off.

[Side note: I'm serious about this: Warren Buffett should be the next Treasury Secretary. No rush re: Tim, but when he steps down, I have a feeling Buffett would be a great Treas Sec'y. He knows business and markets, he's affable and could presumably work well with folks on all sides. And he's got great progressive instincts on taxes and fiscal sanity. Sure, the ruling classes would oppose him based on his recent calls to "stop coddling the rich" but that's a fight I'd very much welcome.]

What about evidence? Plotting the top cap gains rate against real business investment doesn't show much (see first figure -- biz investment is in natural logs to show proportional growth over this long time series). Cap gains bounce around based more on politics than policy, while investment pretty much grows with the cycle. Hard to see anything in the picture supporting the view that either the level or changes in cap gains taxes play a determinant role in investment decisions, just like Warren said.

2011-08-21-cap_inv_fig.png
Sources: Citizens for Tax Justice and BEA

There's been considerable academic work on this question, but tax expert Len Burman, quoted in the NYT piece, called the academic evidence "murky, at best." A few correlations support this view.

The table shows correlations between (the log change in) real private investment and both levels (KGAINS) and changes (DKG) in capital gains tax rates, from 1929-2010. The correlations have the "wrong" sign and are statistically significant, meaning increases in the level or positive changes in the capital gains tax rate are associated with an increase in the growth rate of real private investment.

2011-08-21-cor_inv2.png
Source: Same as prior figure

That probably just reflects the fact that both real investment and tax changes can be cyclical, so I did a second correlation exercise that controls for the cycle (I ran a VAR with 2 lags on cap gains, the log change in real business investment, and unemployment rates). The graph shows the impact on real private investment growth over a number of years if you raise the capital gains rate. The result is... nothing. The investment line barely budges and is statistically insignificant.

2011-08-21-inv_kgains.png
Sources: CTJ, BEA, BLS

These are quick correlations -- not causal models. But they are consistent with both the literature and the insights of practitioners like Buffett.

There are a few economic principles that we consistently get wrong in ways that do lasting damage to our economy and diminish our future. At the top of this list are arguments about large behavioral responses to changes in tax rates. I don't think it's zero, but I've simply never seen compelling evidence that tax increases significantly hurt growth, labor supply, jobs, wages, or that rate decreases provide much of a boost the other way. And when you factor in the benefits of the investment and services government provides -- something the literature tends to ignore -- the hyper-responsiveness arguments are even less compelling.

(That reminds me -- the one place Stewart slips up in the piece is buying into the argument that if you raise the cap gains rate, you should be open to arguments to return some of the revenue you gain back to taxpayers in the form of lower rates -- "Much of the [revenue] windfall from higher capital gains rates could be offset by cutting the rate on ordinary income." That doesn't make sense -- if you don't believe that taxing cap gains as ordinary income is a problem in terms of investment and growth, then why tweak other rates?)

So, in the interest of better, simple tax policy that diminishes a distortion in the system while raising some much needed revenue, we should seriously consider taxing capital gains as normal income. I know -- not exactly consistent with our current politics, but perhaps Sec'y Buffett can take a run at this someday.

This post originally appeared at Jared Bernstein's On The Economy blog.

 
 
 
 
 
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03:49 PM on 08/23/2011
Tax the gains as ordinary income as long as the losses are deducted from ordinary income.

Right now you just offset gains with losses and the net of which, if positive, is taxed at the lower capital gains rate.
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jstrate
01:51 PM on 08/23/2011
Perhaps a solution is to simply eliminate corporate taxes and tax all income (all income, including lunches in the corporate board room) as personal income. I suppose Republicans have always thought that cutting the capital gains tax is a solution to nearly all problems including cancer, in-grown toenails, global warming, traffic jams, air and water pollution, prostitution, endless wars, the budget deficit, and assorted other "problems."
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Si1ver1ock
the bread of wickedness, the wine of violence
12:35 PM on 08/23/2011
That and a Wall Street Sales Tax on income above a certain level.

What should the level be? Maybe when the income rises above two thirds the median?
QuantProgrammer
Cap welfare benefits at two kids.
12:14 PM on 08/23/2011
Even Jimmy Carter supported lower capital gains taxes than earned income. This should be a no-brainer.

I am all for making the tax structure a little more progressive, but we need to encourage people to save and invest.
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David Engage America
11:31 AM on 08/23/2011
I definitely agree that we need a better and simpler tax system. Having different rates for different sources of income just makes everything more complicated. The most sensible way to fix the tax system is to make to two changes to the income tax.

First, get rid special-interest tax breaks and deductions. This change will help the government reduce its costs since deductions are considered to be the equivalent of government spending. (http://eng.am/pxo5XL)

Second, reduce the number of tax brackets and lower the tax rate. These changes will increase tax compliance which leads to greater tax revenue and helps spur economic growth. (http://eng.am/nz0KaJ)

By instituting low rates without deductions, similar to low price supermarkets like Walmart, the government has the ability to generate more revenue while also saving people money, two things this country desperately needs. http://eng.am/rcsgra
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CSDofNM
I speak lolcat
09:58 AM on 08/23/2011
Jared has brought a real contribution forward.

"The correlations have the "wrong" sign and are statistically significant, meaning increases in the level or positive changes in the capital gains tax rate are associated with an increase in the growth rate of real private investment."

Just think about that for a moment. Raising the capital gains tax rate INCREASES the growth rate of private investment.

Higher taxes means more investment.
oilfield
large employer per obamacare
09:03 AM on 08/23/2011
if you read buffets books, he doesnt care what the tax rate is because he buys and holds! avoidance of taxes was his stated goal. there is also evidence that less revenue will go to the treasury with higher cap gains taxes.
cabinetmaker
made in USA
06:59 AM on 08/23/2011
Buffet needs a new calculator

amount earned by people making over $200K/yr = $1.53B

taxed at 100% it would lower deficit by?...
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missprissanna
the weight of the news nearly broke my back
09:18 AM on 08/26/2011
Taxing anybody at 100% is such a BS argument....nobody wants to tax anybody at 100%. One reason we will never find real solutions to our very real problems is this kind of bizarre statement.

If every cut, no matter how small is needed to balance the budget and pay the debt, then by the same logic, every small increase is needed.
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Kai-HK
Don't Share My Wealth! Share My Work Ethic!
03:17 AM on 08/23/2011
Mr. Bernstein:

If you feel that there is an unfair tax advantage going to the rich, wouldn’t it be easier to just convert labor to equity, subject them to the same economics as capital investors, and then subject them to the lower dividend tax.

For (simplistic) example , let’s say you want to you want to start an auto manufacturing company (on a small scale) that requires only one worker. Instead of paying his salary, insurance, welfare benefits, you just lump it all together and consider it the workers equity in the venture, say it equates $100K. Now let’s assume the capital needed to start the business is $8MM, the total capital for the company would be $8.1MM, of which the worker owns 1.235%. The ROE is 15%, equating to a Net Income, after tax, of say $1.215MM, of which the one laborer would get $15K (1.235% of $1,215MM), which would then be taxed at 15%, resulting in a net take home dividend of $12,750. He forgoes salary up front, takes the same risk, but each year he works his share of the business increases as do his dividends & upon sale he gets a pro rata share of sale proceeds.

All he has to do is decide to not take a salary of $100K up front. And when the business loses money, so does labor. Salaries are obliterated & labor gets fair reward (or loss) for fair investment and fair risk.

Fair?

Kai
10:32 PM on 08/22/2011
yes let us make them equal, we really need more tax revenue. There should be a transaction tax on all of that paper shuffling, speculation, derivatives, in the finanicial sector, this may promote stability. this money could be directed straight to debt reduction
The have's are not making investments in this country. They have no interest in creating jobs for us.
They invest the money overseas not for lower taxes but for cheap labor and government paid healthcare. The unfair trade agreements have not produced wonderful jobs we were promised. Our taxes,(government spending) has to pay for food stamps, unemployment, medicaid etc for the have nots. Where will they go, otherwise for help???
10:28 PM on 08/22/2011
The problem I see here is that people can't tell the difference between Warren Buffet and the small business owner who lives next door (let's call him Pest Control Man). Sure, Warren Buffet pays the same long term capital gains rate as the Pest Control Man. But the Pest Control Man has poured his whole life and every cent he has into his business. He has reinvested profits instead of paying himself. One day, the time comes for him to sell that business so he can finally get his money out and retire. The problem is, people taking a swing at "the rich" missed their target and punched the Pest Control Man in the face instead. He would have been better off working for someone else, because the government took most of what he spent a lifetime building from scratch. Of course Warren Buffet is still a Billionaire, but now Pest Control Man can't afford to retire. Does that make people feel better about themselves?
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oldngrumpy
My micro-bio is no longer empty
03:34 AM on 08/23/2011
There are many people "in business" who shouldn't be. Mr Pest Control should only invest in the business if he can increase it's value or his profit. He should always be mindful of why he's in business. If he's foregoing income to "grow" the business into the market then he was under capitalized in the first place. The world is full of guys with a tool box and a pick up that want to get into the big time. All they do is degrade service quality for the customer as both he and his competitors must make "creative" cost reductions that degrade the value of the product. If Pest Control man hasn't properly surveyed the market and capitalized the start up then he should get out sooner rather than later and taxes are the least of his problems. Desire and hard work are each about 10% of the recipe for success, but we keep romanticizing them as if they were sufficient by themselves.
oilfield
large employer per obamacare
09:08 AM on 08/23/2011
desire and hard work from the folks i know are 90% of the recipe for success.
oilfield
large employer per obamacare
09:07 AM on 08/23/2011
nice post....the one size fits all debate at 250k is definitely ridiculous.
10:21 PM on 08/22/2011
I've yet to get a conservative to answer why capital is taxed at half the rate as labor. Hey, conservatives, how about this theory: As you peope have pointed out there are tens on millions of deadbeats sucking on the government teat of UI, welfare, SSI, etc. Maybe they have figured out what the rich already know: the high taxes on income from labor is a disincentive to work. Regarding Buffet's quote that taxes do not deter investment, the same is true about taxes and hiring. business owners, small and large, all say demand is the biggest influence on hiring, not taxes.
10:53 PM on 08/22/2011
It's quite simple. Capital is invested in a business in exchange for shares of stock which give it a share of the company's profits. Business profits on the margin are taxed at 35% federally and something more by the state. So, let's assume the investor owns 10% and the business makes a million dollars. The investor's share of the profits is $100k pretax. The feds take about $350k in taxes and the states about $90k (using MN taxes). So, the business' after tax profits are $560k and the investor's share of the after tax earnings are about $56k. So, investors have paid a stealth tax on their capital of $44k before any tax on their capital gains. Look at it another way. The value of a company is essentially the present value of its projected after tax cash flows. Thus, the investors stock value is reduced by the federal/state taxes on the company's profits. When the capital gain is taxed the investor's return on capital is being taxed a second time. I'm not sure where you get that taxes on capital is half that of labor.
11:39 PM on 08/22/2011
^^^
What he said. Not sure where you are getting this idea that capital pays less in taxes than labor. If I use my capital to start an S Corp, my profits are taxed as ordinary income--same as all of the employees. If I start a C-Corp, my capital has to pay corporate taxes, and then profits are taxed again when profits are distributed as dividends. If I sell the business for more than it cost me to start it, I receive the gain--but I'm also the one who took all of the risk and in most cases (including my own), I'm the one who put sweat equity into the business. You can't compare capital gains to labor's tax rate because labor doesn't have any cost or any gain--it only has income.

Regarding the comments about taxes and hiring, think of the law of supply and demand. The demand curve slopes downward because as cost increases, demand decreases. It's the same way with hiring. Payroll taxes, health insurance, etc all add cost. The more cost you add, the less demand there is. Now let's consider income taxes on business owners. Every dollar the government takes is a dollar that can't be 1)taken as profit 2)used to pay expenses like employee compensation and benefits 3)reinvested in the business.
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ekstatik
Granfalloon-free!
11:55 PM on 08/22/2011
Stealth tax? Do you mean it's a secret tax? I guess the secret's out now.
oilfield
large employer per obamacare
09:10 AM on 08/23/2011
when capital is taxed higher, the treasury gets less revenue....
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kamact
Market Observer
10:08 PM on 08/22/2011
Morality and the common good demand this,...or the majority will start paying 15% on their income taxes
09:38 PM on 08/22/2011
For fairness, however, capital gains should be indexed to inflation. If you bought something for $20 in 1971, and sell it today for $40, you haven't really made any money - quite the contrary.
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tmpl8
Avid newshound & data analyst
09:21 PM on 08/22/2011
Place the capital gains tax rate at least 4% above the ordinary income tax rate. People that actually work for a living should not be forced to pay a higher tax rate then those that do not work.
schatsie
Wall Street is Worse than Vegas
09:54 PM on 08/22/2011
I would have a wealth tax first like the Swiss and Germans....think about it, if Warren baby had paid 40% instead of 15%, he might have paid 1.5 billion dollars in total taxes on his salary,100,000 and 45% on his capital gains of millions......Problem is that of his wealth, he has avoided any taxes on over 90% of his wealth because it is unrealized capital gains...UNREALIZED...and it will never be taxed if he has his way.....
11:43 PM on 08/22/2011
I reinvest every cent I make back into my business. I don't work for a living?
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oldngrumpy
My micro-bio is no longer empty
04:08 AM on 08/23/2011
No, you work for free. If your business requires that much investment to fill the market demand then you were under capitalized and you'll chase that tail forever. Your business will be a success, but you won't. Borrow some money while it's still cheap and pay yourself.