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Robert Reich

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Why the Buffett Rule Sets the Bar Too Low

Posted: 04/10/2012 3:35 pm

Next Monday most Americans will be filing their income taxes for tax year 2011. This year, though, tax day has special significance. If there's one clear policy contrast between Democrats and Republicans in the 2012 election, it's whether America's richest citizens should be paying more.

Senate Democrats have scheduled a vote Monday on a minimum 30 percent overall federal tax rate for everyone earning more than $1 million a year. It's nicknamed the "Buffett Rule" in honor of billionaire Warren Buffett who has publicly complained that he pays a lower tax rate than his secretary.

No one in Washington believes the Buffett Rule has any hope of passage this year. It's largely symbolic. The vote will mark a sharp contrast with Republican Paul Ryan's plan (enthusiastically endorsed by Mitt Romney) to cut the tax rate on the super rich from 35 percent to 25 percent -- rewarding millionaires with a tax cut of at least $150,000 a year. The vote will also serve to highlight that Romney himself paid less than 14 percent on a 2010 income of $21.7 million because so much of his income was in capital gains, taxed at 15 percent.

Hopefully in the weeks and months ahead the White House and the Democrats will emphasize three key realities:

1. The richest 1 percent of Americans are now taking in over 20 percent of total national income, and so far have raked in almost all the gains from this recovery. Thirty years ago, the richest 1 percent got 9 percent of total income. Income and wealth are now more concentrated at the top than they've been since the 1920s.

2. The richest 1 percent are paying a lower tax rate than they've paid since 1980. For three decades after World War II, their tax rate never dropped below 70 percent. Even considering all deductions and tax credits, they paid close to 55 percent. Under Eisenhower, the top rate was 91 percent and the effective rate was 58 percent.

3. Right now the nation faces two yawning deficits -- an investment deficit and a federal budget deficit. The investment deficit includes deferred maintenance on America's infrastructure -- roads, bridges, public transit, water and sewer systems that are all crumbling -- and an educational system that's being starved for resources (the federal government pays for 8 percent of K-12 education and about 5 percent of public higher education, but could do much more). The federal budget deficit is projected to mushroom to $6.4 trillion over the next ten years, mostly because of aging boomers and soaring health care costs.

Any serious person looking at these three realities would conclude that the rich should be paying far more. It's not just a matter of fairness; it's also a matter of patriotism.

In fact, given these realities, the Buffett Rule sets the bar too low. For most Americans, wages and benefits are declining (adjusted for inflation), net worth has been plummeting (their only asset is their homes), and the public services they rely on have been disappearing. For the top, it's just the opposite: Their incomes are rising, their stock-market portfolios have been growing, and a growing portion of their earnings has been subject to a capital-gains tax of just 15 percent.

The Buffett Rule would generate only about $47 billion in extra revenues over the next decade, according to Congressional estimates. Why not restore top rates to what they were before 1980, and match the capital-gains rate to the income-tax rate?

____________________________________

ROBERT B. REICH, one of the nation's leading experts on work and the economy, is Chancellor's Professor of Public Policy at the Goldman School of Public Policy at the University of California at Berkeley. He has served in three national administrations, most recently as secretary of labor under President Bill Clinton. Time Magazine has named him one of the ten most effective cabinet secretaries of the last century. He has written thirteen books, including his latest best-seller, "Aftershock: The Next Economy and America's Future;" "The Work of Nations," which has been translated into 22 languages; and his newest, an e-book, "Beyond Outrage." His syndicated columns, television appearances, and public radio commentaries reach millions of people each week. He is also a founding editor of the American Prospect magazine, and Chairman of the citizen's group Common Cause. His widely read blog can be found at www.robertreich.org.

 
 
 

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HUFFPOST SUPER USER
Faust Eddie
12:23 AM on 04/12/2012
Point 3 is nonsense. Property taxes in places like Illinois are at the point where people cannot afford to live here and 80% goes to education.
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HUFFPOST SUPER USER
London Diplomat
Diplomacy is worth a fight
09:19 PM on 04/11/2012
I think there are lots of people here that need a lesson on how marginal rates work...
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stuart100s
I started with nothing, & still have most of it.
08:33 AM on 04/12/2012
You are the one that needs the lesson. You are confused and should do more research before posting. Marginal tax rates are the rate at which your next dollar is taxed. I ask you, at what point will you quit working? I will quit working when I get 60 cents and the gov't gets 40 cents. If you raise it more than that, I won't work. If I don't work, lots of other people will be out of work. If I spend less, even more will be out of work. Want another recession? Raise taxes.
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HUFFPOST SUPER USER
London Diplomat
Diplomacy is worth a fight
08:51 AM on 04/12/2012
I don't believe you. I simply can't believe that you won't work just because you'll be losing a fraction more money across the top tax bracket.
07:18 PM on 04/11/2012
Socialism steal from the rich and give to the deadbeats.
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tmm77625
The winner is the one who stops first
06:14 PM on 04/11/2012
"The richest 1 percent of Americans are now taking in over 20 percent of total national income,"

So? They also pay substantially more than 20% of the total national income taxes. Notice you NEVER hear these liberals mention how much of the taxes the rich pay, only how much of the income they make.

According to the IRS, in 2009 (their most current year with info available at http://www.irs.gov/taxstats/indtaxstats/article/0,,id=133414,00.html ) the top 0.29% of returns (those making more than a million dollars that year) alone paid 18.9% of the total income taxes, they earned 12.9% of the income.

The rich make a lot, but their slice of the tax pie is already greater than their slice of the income pie.
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HUFFPOST SUPER USER
ennis438
05:49 PM on 04/11/2012
Of course the fatcats should pay more. This "trickle down" nonsense never worked for the majority of Americans and it never will. All it did is make the useless rich fatcats richer and destroyed the middle class. However, the Republipunks will make sure the Buffett rule, a plan that if enacted would begin to swing the nation back toward the poor and middle class, will never happen. The punks are bought and paid for by the enemies of the American middle class and will never allow the middle class any kind of a break. So the only solution is to clean this sewage out of Congress and replace them with people who respect the middle class and are not bought and paid for by the Koch Brothers.
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DanORants
Cancer is progressive.
03:56 PM on 04/11/2012
The Buffet rule wouldn't effect Warren Buffet because he is no longer making "income". The money Warren Buffet generates comes from investment dollars (which he should have paid taxes on), so he only has to report capital gains (and sometimes losses).

Also, his secretary, making $60,000/year has got to be hiding something. The income tax of a person making between $50k - $75k is 14%. After payroll tax is considered 14.3%. She is not reporting some sort of income, to try and prove a point.

I am totally for the rich being taxed more - if they don't create jobs and don't manufacture products. Lets start with entertainers, especially sports teams. My state tax dollars went to revamp Time Warner Arena, for a team (Bobcats) nobody goes to see play.

Finally, before the Buffet rule is passed, his company should be forced to pay up his back taxes that he has been evading since 2002.
03:53 PM on 04/11/2012
Let me address some facts missing from this piece:

1. The top 10% earns 45% of income and pays 70% of federal income taxes (bottom 50% pays only 2.25%). The considerable amount of progressiveness built in to the tax system, however, doesn't prevent some from incessantly repeating "fair share" rhetoric like a iPods on loop play.

2. Buffett rule advocates say they wish to tax Thurston Howell III. In truth, those hikes would hurt countless small businesses filing individual tax returns. Small businesses account for 2 of every 3 new jobs and in the context of 8.2% unemployment it boggles the mind that some advocate for disincentives for these job creators.

3. Claims income inequality has skyrocketed rely on a flawed study of tax data by Picketty & Saez which ignores structural changes that make inter-year comparisons nearly impossible. For example, the top 1 percent's income share of 9.1% in '86 jumped to 13.2% in '88 due to nothing more than shifts in filing behavior due to a drop in tax rates from 50% to 28%. Increased use of tax-favored 401(k)s, increases in "transfer payment" for low-income families, and increases in the AGI gap further distort the analysis.

With 12.7 million people unemployed and 4.5 million having dropped out of the labor force altogether since 2009, Americans deserve serious solutions. Promoting policies that smother engines of growth and demonize job creators is not responsible.
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03:25 PM on 04/11/2012
I believe the premise here is that the more successful someone is, the more the government has a right to the fruits of that success, not the person or persons that worked hard to earn it. Just because it was that way back in the day, does not make it right. It does not create incentive to work hard beyond a certain point if 70-90% of the incrememental earnings are going to the inefficient government that cannot run anything well.
05:49 PM on 04/11/2012
The reality is that the billion dollar companies in this country have so many writeoffs that they very little in taxes. Both parties are fighting about the rich people paying taxes when the real problem is with corporate greed and the little amout of taxes that companies actually pay. If companies paid a flat rate of taxes without any writeoffs , we would probably not ave a deficit. 2010 we gave out 266 billion dollars in corporate welfare.
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10:19 PM on 04/12/2012
It is not the corporations that can make up the difference. Yes, the loopholes need to get cleaned up, but if you take away more money for taxes, there is less for wages and investment.
HUFFPOST SUPER USER
1tourist
02:29 PM on 04/11/2012
Sorry- wrote a response, but got rejected for running too long.
So let's stick with the status quo, because, as everyone knows, sound bites are the answer.
redonthehead
Winning trophies for my game face alone
11:12 AM on 04/11/2012
Is there any problem that can't be fixed by raising taxes, (on someone else of course)? Obama and Reich should stand in front of the American people and say what they really believe. "Your money isn't your money, it's our money and this year we're going to let you keep about half of it. We need our money so that we can spread it around and buy some votes and perform social engineering. We have to have that money so that we can through million dollar parties for GSA's that are effectively bankrupt. We need that money so that we can "invest" in in bad technology that people don't want to buy. If we let you keep more of your own money we won't be able to build turtle tunnels in Florida or a wine storage facility in Washington."
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HUFFPOST SUPER USER
NWBrunette
Blessed Girl
10:15 AM on 04/11/2012
Thank you Mr. Reich. Your three points need to be hammered in to America's consciousness again and again and again. We must stand up and counter the ridiculous and incessant lies from the right-wing that are decimating our beloved country.

TOP MARGINAL RATES
1917 - 1921 (to pay for WWI) 67 - 77%
1932 - 1939 (the Depression­) 63 - 79%
1940 - 1945 (to pay for WWII) 81 - 94%
1946 - 1963 (korean war cold war) 86 - 91%
1964 - 1981 (Vietnam/ Cold war) 77 - 70%
1982 - 1986 (Reagan admin) 50%
1987 -1992 (Bush the 1st) 28 - 32%
1993 - 2002 (Clinton / early GW) 38 - 40%
2003 to present (The Bush tax cuts) 35%
10:25 AM on 04/11/2012
NWB - I'm confused, is it my money or the governments?
redonthehead
Winning trophies for my game face alone
11:03 AM on 04/11/2012
Our blessed girl doesn't take into account deductions or effective tax rates. More uninformed talking points
10:46 AM on 04/11/2012
Some additional data...

to each of your lines, I will add the percent of GDP generated by income taxes. The number will be the average income taxes collected as a % GDP GDP over your year ranges. It shows that regardless of tax bracket structure, the %GDP of the tax is very similar (source: http://www.usgovernmentrevenue.com/revenue_chart_1890_2017USp_13s1li011mcn_10f)

TOP MARGINAL RATES
1917 - 1921 (to pay for WWI) 67 - 77% ; %GDP avg = 4.05%
1932 - 1939 (the Depression­) 63 - 79% ; %GDP avg = 1.93%
1940 - 1945 (to pay for WWII) 81 - 94%' %GDP avg = 8.15%
1946 - 1963 (korean war cold war) 86 - 91%; %GDP avg = 11.55%
1964 - 1981 (Vietnam/ Cold war) 77 - 70%; %GDP avg = 10.73%
1982 - 1986 (Reagan admin) 50%; %GDP avg = 9.51%
1987 -1992 (Bush the 1st) 28 - 32%; %GDP avg = 9.66%
1993 - 2002 (Clinton / early GW) 38 - 40%; %GDP avg = 10.64%
2003 to present (The Bush tax cuts) 35% ; %gdp avg = 9.03%

So...let's tax the top1% for about 1.5% of GDP, leaving the tax break in place for everyone else. That raises 225B in a year. Makes our deficit 1.15T instead of 1.4T. And you sucked about 15% of the top 1% AGI from them.

Now what...we have interest payment that will skyrocket as bonds return to normal yields, structural spending problems, and an ailing infrastructure. what now.
JB1977
My micro bio is empty
10:03 AM on 04/11/2012
C'mon Reich. The rates need to go up, but you want 70% at the top rate?
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stuart100s
I started with nothing, & still have most of it.
10:07 AM on 04/11/2012
I'm not working for 30 cents on the dollar. Add in state tax and I'm down to 25 cents. I'll just go fishing, I will have the lake to myself. You will all be standing in line at the welfare office.
JB1977
My micro bio is empty
10:46 AM on 04/11/2012
My point was that 70% is too high, not too low.
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HUFFPOST SUPER USER
London Diplomat
Diplomacy is worth a fight
09:19 PM on 04/11/2012
You'll not be down to 25 cents in the dollar at all. That's not how marginal tax rates work in the slightest! The rates apply to the amount of money over the previous bracket - i.e. a marginal rate of 70% for income over $100,000 (let's for argument's sake say people earning more than $150,000 per annum) means that their income over the $100,000 will be taxed at 70%, not the entire $150,000. Hence they lose 70% of $50,000, not 70% of $150,000. Factor in the much lower rates lower done the scale and you'll be losing nothing like 70 cents in the dollar - it would be disingenuous to suggest otherwise.
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stuart100s
I started with nothing, & still have most of it.
09:53 AM on 04/11/2012
What Warren really wants is nobody to compete with him. If he can stop investors from starting new companies that compete with his companies then he can raise prices with inpunity. The fastest way to stifle competition is to raise taxes on venture capital. Warren wins, the prez wins, you lose.
10:33 PM on 04/11/2012
I don't think that market forces work that way.
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stuart100s
I started with nothing, & still have most of it.
08:18 AM on 04/12/2012
Uh, yeah - that is exactly how they work. If you wanted to start a private jet company to compete with Warren's private jet company, you would need to raise venture capital. If taxes are raised on capital gains, it becomes harder and more expensive to raise money to buy jets. No jets, no competition, Warren can raise prices, he makes more, O' collects more taxes on capital, he wins, you - well you are left on the tarmack. So sad, too bad.
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HUFFPOST SUPER USER
MeinNH
Ooooo Silly Me
09:51 AM on 04/11/2012
Of course the bar is set low....listen to the crying and whining already. Imagine if they asked for Eisenhower rates!
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stuart100s
I started with nothing, & still have most of it.
10:04 AM on 04/11/2012
The question you want to ask is "would you go to work if your pay was cut by 90%"? My answer is no, I would stick out my hand for gov't cheese and quit contributing. When Clinton raised taxes to 39.6 (effective rate 40.5 due to loss of deductions) retroactively, I closed up my shop. I sold the company and took my income as capital gains instead of earned income. The company I sold to, laid off workers and raised prices to make my payment. I am prepared to do it again. So if you think you can get unemployment for 4 more years, your choice is simple - vote dem. If you want a job, and to get back on your feet, you need to consider another choice.
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HUFFPOST SUPER USER
PivotalForce
Once a Marine, always a Marine
10:27 AM on 04/11/2012
We tried the other choice. It got us where we are today.
05:42 PM on 04/11/2012
The effective tax rates are a joke for rich people . They have so many writeoffs that their tax rates fall below 20% , how about the companies who pay for their executives country club fees, free meals , expense accounts that are they are give, premium healthcare plans that their lower employees are given. how about the "business trips" they go on with the wives and family. Then there is the stock dividends and stock options that are taxed at 15%. There are just too many corporate perks that go untaxed that nobody talks about. Republicans have an endless thirst for selfishness and greed. They only want two classes of people in his country. The rich people and the poor.
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3RawBob
My Bible: the Jefferson Bible
09:33 AM on 04/11/2012
If Obama really wanted the Buffet bill to pass, he would say that every penny taken in would go to reduce the deficit, which in turn will eventually reduce the debt. By tying any tax increase to NEW federal programs gets even liberals thinking that we have enough programs; it is time to look at spending.