Income tax season begins for me today. I have my W-2 and all of my other forms along with my tax software. I am now ready to begin the long, complex, and painful process of preparing my tax return. The beginning of tax season is also the beginning of my angry season; so much anger that it was tax season last year that inspired me to launch this blog on April 15, 2009 – tax day.
I will soon know just how much of my hard work goes to pork barrel vote buying and Pelosi’s party plane. I will wrestle with the challenges of meeting IRS rules for some minor item on my return that I don’t understand, all while seeing the amount I still owe taunting me from the top corner of my computer screen.
I have a master’s degree in business administration and a relatively simple return, yet I will spend, waste, a lot time and mental energy on my return. So opponents of simplifying our tax system, please explain to me how this gigantic cluster we call a tax code is fair to all those people that didn’t have my educational opportunities, perhaps can’t afford tax software or professional tax help, and have a more complex return than I do? The guy that hangs dry wall on the side, the immigrant landscaper, the tailor, etc.
A few months ago I had a conversation with Ken Hoagland, the man in charge of the efforts to promote the Fair Tax. He told me that the Fair Tax organization had some big plans for 2010. I heard the same report this past December while listening to radio talk show host and author of two books on the Fair Tax, Neal Boortz. I am ready for a serious look at the Fair Tax.
I don’t know whether the Fair Tax is the best solution to the tax mess that we have today. What I do know is that in light of the worsening economic situation and failed economic stimulus we need something to stimulate business growth and hiring. The Fair Tax may be the answer. It may not be the answer. The problem is, I really don’t know because the Fair Tax has never received a fair hearing in Congress, nor does it receive anything close to a fair hearing in the media. Of all the research I have done, of all the information Fair Tax supporters and opponents have sent to me, I have never seen a straight forward explanation of why opponents oppose the Fair Tax. Every critical review that I’ve seen is based on erroneous information, not on facts.
We the people need to review the Fair Tax and we need to demand it receive an open and honest hearing in Congress. Each member of Congress and each citizen needs to try hard to open their mind to this system, its pros and its cons, without benefit of partisanship and preconceived notions.
This kind of review just might (cliché alert!) drive the stake through the heart of the Fair Tax. Or it might lead to a tax system that is far less frustrating, and far more ‘fair’ to those people that Fair Tax opponents claim to be trying to protect.
If you visit the Fair Tax site, you’ll find a link to send a note to the Chairman of the House Ways and Means Committee, Charlie Rangle, requesting a hearing. What could be more fair to We the People than a fair hearing over how we meet our financial obligation to our nation?



{ 44 comments }
Robert,
A national sales tax got a fair examination back in 2005 by the Bush Tax Reform Commission. It flunked the course! And, I don’t believe Charlie Rangel cares much about letters and emails if they aren’t postmarked Harlem. I don’t think he will ever schedule a hearing on HR25, and what’s worse, the Chair and Ranking members of the revenue subcommittee won’t either. They both oppose the Fairtax.
You wrote that you have never seen an explanation of why opponents oppose the Fairtax. Here is my list of criticisms for your consideration. Let me know if you think my facts are wrong.
(1) HR25 proposes that the federal government tax State and Local purchases of new goods, and tax all State and Local employee payrolls as representative of services provided. This would be inappropriate, if not unconstitutional, under our republican form of government. If allowed by the Courts, 12% of the revenue raised by the Fairtax would be hidden in higher State/Local taxes. That is hardly the transparent tax that Fairtaxers claim. The AFFT rationale for treating governments as consumers is that it would prevent unfair government competition with the private sector. But that issue was dealt with in Section 704 of HR25. Any government agency that sells $2500 or more per quarter would be considered a Government Enterprise, and would have to collect and remit the 23% sales tax. There was no need to tax all government consumption. The playing field was already level.
(2) By including payroll contributions (FICA, the 3rd rail of politics) on the list of taxes to be replaced, retirees would be forced to resume paying for their hard earned pension and health care benefits with their sales tax dollars. Hardly fair!
(3) Everyone’s after tax savings accumulated under current law would be double taxed when spent under the Fairtax. Is that fair?
(4) Although Fairtaxers claim that the Family Consumption Allowance (FCA) or “prebate” is similar to a tax refund, it is not! The FCA is an income supplement that can be spent (and taxed), or saved as financial circumstances allow. The FCA would be scored by CBO/OMB as a cash grant entitlement costing $600 billion annually at a time when other entitlements are squeezing out discretionary spending, including Defense discretionary, in the Federal budget. Where is it written that no one should pay taxes on essentials?
(5) One of the most egregious Fairtax claims is that retail prices would remain about the same. More than half of the Jorgenson 22% “embedded taxes” consist of employee tax withholding. Unless you choose to believe that everyone’s current net pay after federal withholding would become your future gross under the Fairtax, nominal retail prices have to rise substantially. And, a reduction in gross pay isn’t going to happen for legal, fairness and contractual reasons. The AFFT Director of Research and other expert economists have written that the most likely scenario would be that everyone would get 100% of their gross pay and retail prices would rise. A best estimate, based on 2007 actual revenue data, is that business tax costs of 10% of sales could be removed and retail prices would rise by 17% on average after adding the 30% sales tax. There is no free lunch!
(6) Despite repeated claims by Fairtaxers that investments wouldn’t be taxed, Section 801-806 of HR25 lays a large implicit tax on both interest bearing investments, and debt instruments such as mortgages and credit cards.
(7) HR25 provides for an inventory tax credit which would add about $600 billion to the federal budget deficit in the first year of implementation.
(8) HR25 proposes to implement the national sales tax “cold turkey”, despite the fact that no other country has successfully funded their central government with a sales tax. According to a former Ranking Member of the Joint Economic Committee, “Congress is institutionally conservative and much prefers evolutionary change to revolutions” — such as the Fairtax.
(9) There is no data supporting the claim that there is $13 trillion in US owned wealth located offshore to avoid US taxes. According to the Tax Justice Network, an international organization which tracks offshore wealth, there was $1.6 trillion in offshore wealth owned by North Americans in 2005. There are 23 sovereign nations in North America, so the best estimate for US owned wealth offshore is $700-800 billion. And, lacking some sort of amnesty provision from IRS penalties in HR25, why would any of that wealth would come “rushing home”?
(10) No list of Fairtax issues would be complete without including the disingenuous claim that the revenue neutral Fairtax rate would be 23%. In terms all Americans understand, the rate is actually 30%. Retail merchants will have to add a 30% sales tax to their costs in order to arrive at the 23% tax inclusive price. Yet, nowhere on your sales receipt will a 30% tax be found? Is that transparency?
(11) Fairtax claims that the US would become the worlds finest tax haven, and that droves of foreign owned corporations would relocate here overlooks the fact that Section 905 of HR25 lays a 23% tax on all income generated in the US by foreign owned individuals or companies. Hardly a tax incentive to relocate business operations!
(12) All fifty Governors, through the National Governors Association, oppose any type of national sales tax. Repealing the 16th Amendment would be difficult if not impossible with that sort of headwind!
(13) Fairtax savings from buying “used”, (tax previously paid), are highly overstated. There are no used services, which make up half of the typical family budget. No used groceries, no used restaurant meals, no used heating oil, no used gas for the family buggy, nothing used at Wal-Mart, etc. etc. The opportunities to buy used would be limited to infrequent purchases of houses, cars, boats, etc. And, after a short transition period, supply and demand will restore the current new/used price relationship. There will be no windfall price savings by buying used. Think about it as the embedded cost of the Fairtax!
(14) Due to the prebate, approximately 30 million family units could pay no net federal tax annually under HR25, but will still qualify for all Social Security pension and medical care benefits when eligible. Compare that to the less than 1 million workers under current law that can use refundable tax credits to totally offset the 7.65% payroll tax. Is it a good thing to have 30 million workers disconnected from the cost of the federal government?
S
#14 IRS records show 40% of filers pay no tax now . Is that good? Under the Fairtax everyone would see the tax on every receit when making a purchase. Why would that be bad.
Mr Hank
You ‘spectin’ all us peoples here to be readin’ all this s**t you write.?
This forum is for short pithy comments that relate to the topic, not your f**kin’ master thesis…
Plus we all seen your s**t before….
Now wise up…you make me waste time gettin to the other comments…
Shinequa please keep it friendly. We will try to answer his questions and assumptions. It is good to debate and get it right. There might be somethings he mention that the FairTax needs to adjust to make it better. I am a believer in FairTax, but I would like for it to be examine by all fair minded people. Not everything is perfect and everything can be improve.
I don’t care ’bout what he be sayin’… He is an idiot…People don’t read or understand all that mumbo jumbo… He should run for congress and present it to some committee …
Not waste time and space here…
I like simple comments that are pithy and concise… Not a bunch of lawyer talk…You dig, China-Man?
This is one of the more disingenuous pieces I have seen from this author. His individual observations, standing alone, may be at times correct but, taken as a whole, this piece is constructed and designed to cast the FairTax in its most pejorative possible light. Most blatantly, the author mischaracterizes the review by the Bush Advisory Panel on Federal Tax Reform as fair. It was anything but. Notably, this panel falsely criticized the adequacy of the rate by understating the base. Further, this panel falsely criticized the fairness of the FairTax by disregarding the fact that Medicare, Social Security and Federal Unemployment Taxes disappear with the FairTax. Those facts are known to this author.
Taking the further points in order:
(1) This comment makes as much sense as arguing the FairTax is opaque because one doesn’t see how much tax one’s neighbor is paying. The FairTax is transparent because everyone pays the same and sees it on the retail sales slip. Government is like any other consumer.
Treating the government as a consumer prevents a flight away from privatization. Just as an example, your town could choose to run its own garbage collection or hire a private hauler. If your town were relieved from paying tax on employee wages, and paying tax on the garbage trucks it purchases, and private garbage haulers would become extinct.
The author would penalize government-owned or government-run enterprises to the benefit of those that are privately owned. A government enterprise, such as the Postal Service or Amtrak, that receives gross payments from consumers, is treated the same as any other business. The Postal Service charges tax on its sale of stamps, but does not pay tax on employee wages or truck purchases.
(2) Retirees pay income tax on the yields of their hard-earned pensions today, as well as embedded taxes. There are four more points to be made here. First, exempting pensions today from again paying tax is unsustainable. It is delusional to think it will continue. It did not continue when Congress first promised there would be no taxes on Social Security benefits. Second, high-net worth seniors pay today tax on their wealth again when they die. Under the FairTax, the estate and gift tax are eliminated. Third, most seniors have made their major purchases, and the FairTax effectively exempts consumption up to $40-80,000. For these seniors, consumption above that level is truly discretionary spending. Fourth, seniors who have put away investments will see them grow faster under the FairTax and compensate for any incremental increase in the cost of living. The FairTax makes this complaint a non-issue.
(3) See (2).
(4) There may actually be an argument for not having a “pre-bate,” but the D’s will not support the FairTax without one. The pre-bate actually does help make the FairTax progressive – more progressive than today’s income tax when scored using tax concentration coefficients. Economists measure resources over a lifetime, not on year-to-year windows. It has been said that 70% of American households receive some benefit from the federal government already. This particular expansion of government would have relatively little impact. Finally, illegal aliens to not qualify for the pre-bate. They go from being tax-preferenced today to being tax-disadvantaged under the FairTax.
(5) This FairTax-er will never be heard to make the claim that there will be embedded tax-cost savings of 22%. Neither does FairTax national in Houston. The claim is unnecessary. The combined effect of removing the income and payroll tax and removing embedded tax costs of ca. 10% gives the average American 9% more purchasing power than he or she has today. The author is attempting to tar all FairTax-ers with the mistake of one radio talk-show host.
(6) The author here is telling only part of the story. Financial intermediation services, to which he is referring without naming the feature, are designed to capture explicit or implicit fees for services that are components of intangibles that otherwise escape tax. Interest, for example, may be viewed as having five components: (1) return on capital, (2) the compensation to the lender for the expected loss in purchasing power (inflation) caused by excess money and credit creation, (3) the premium paid for the risk that the capital will not be repaid, (4) the compensation to the lender for taxes due on the interest, and (5) the payment for financial intermediation services – the servicing of the loan or deposit. The FairTax does tax the last component (5) of interest which is the implicit payment for financial intermediation services.
(7) The author admits here that the inventory credit would only last the first year. The purpose of the inventory credit is to smooth the transition. The author overlooked the Social Security indexation, which would also add to any deficit but is important to seniors in the transition and particularly relevant to point (1). The author also overlooks any favorable economic effect of the FairTax and chooses to view it statically.
(8) “Cold Turkey” is the best path away from addiction – in this case – Congress’ addiction to the income tax. If the transition runs too long, Congress will find a way to “fix” the tax. 45 states charge sales tax today. The infrastructure is in place.
(9) I think Greenspan agreed with the claim that trillions would repatriate to the US. Whatever the number, it would be significant because there would no longer be a tax reason to have money offshore.
(10) The author is indulging himself in a purely semantic argument with no substantive significance. The tax-inclusive method of expressing the 23% rate facilitates a comparison to the taxes being replaced, such as the income tax that tops out at 35%, the corporate income tax of 35% (one of the world’s highest), the combined employment tax of 15.3%, and the estate tax that tops out at 50%.
(11) The tax to which the author refers is an incentive for foreign countries to enter into treaties with the US. Foreign countries give their residents credit for taxes paid here, so the United States is merely capturing tax that the foreign county would otherwise collect. The author overlooks the fact that money kept here would grow tax free.
(12) The author does not want you to know the context under which the governors oppose a national sales tax and juxtaposes that point with the repeal of the 15th Amendment. No governor would support the sales tax as an add-on. A December 2009 Rasmussen poll bears this out. Most Americans oppose a national sales tax as an add-on. A plurality, however, support a national sales tax as a replacement.
(13) The author should let consumers decide for themselves the true value of used property. The principle here is that, once property pays tax, it does not pay tax again.
(14) If there are 30 million people who are un-taxed through the pre-bate, they would still see the cost of goods on the sales slips. When they improve themselves economically, that number will go down.
I know this author through correspondence. He is not against consumption taxes but wants to means-test the prebate, take Social Security and Medicare off the table and phase the new tax in. Those changes would benefit a small special interest of people who accumulate substantial after-tax wealth. Means-testing the prebate, however, keeps the government in the income-measuring business. Taking Social Security and Medicare off the table places these two unsustainable programs in further jeopardy. Phasing the FairTax in risks stalling and eviscerating the entire program.
I have to apologize to the owner of this blog for the length of this post, but it seemed necessary to include the whole comment as well as my reply. Jim Bennett and I have a long association on other blogs. I even have a $10 bet with him that the number of House cosponsors in the 111th Congress (presently 59) would not exceed those in the 110th.(72). He recently suggested that we change the time frame to include the 112th Congress. Perhaps he believes that GOOOH and the Tea Party folks will somehow get some more Fairtax supporters elected? Stay tuned. So, here we go.
This is one of the more disingenuous pieces I have seen from this author. His individual observations, standing alone, may be at times correct but, taken as a whole, this piece is constructed and designed to cast the FairTax in its most pejorative possible light. Most blatantly, the author mischaracterizes the review by the Bush Advisory Panel on Federal Tax Reform as fair. It was anything but. Notably, this panel falsely criticized the adequacy of the rate by understating the base. Further, this panel falsely criticized the fairness of the FairTax by disregarding the fact that Medicare, Social Security and Federal Unemployment Taxes disappear with the FairTax. Those facts are known to this author.
Sorry, Jim, but anyone reading Chapter 9 of the 2005 Tax Reform Commission report would understand that the Commission started with the Fairtax as proposed by AFFT, adjusted the base by removing government taxation ( inappropriate under our federal form of government), and further adjusted the base to account for evasion. Clearly the rate had to rise. There is nothing unfair about the Commission report, only a difference of opinion about what works and what doesn’t.
I object to your characterizing my criticisms as casting the Fairtax in the worst possible light. My effort was aimed at pointing out all the downside issues which AFFT never mentions. As usual, the truth may lie somewhere between my dismal view of the Fairtax and the wildly optimistic marketing literature provided by AFFT. It certainly wasn’t my job to gloss over any and all problems with the Fairtax as written in HR25. Everyone has to decide for themselves based on the whole picture, not just the one side presented by AFFT and the two “comic books” written by a radio talk show host and an obscure Georgia Congressman.
Taking the further points in order:
(1) This comment makes as much sense as arguing the FairTax is opaque because one doesn’t see how much tax one’s neighbor is paying. The FairTax is transparent because everyone pays the same and sees it on the retail sales slip. Government is like any other consumer.
Nonsense, Jim. I defy you to look at your sales receipt and tell me how much of the State/Local sales tax amount is in actuality going to the Federal
Treasury. Hiding approximately 12% of needed federal revenue in higher S/L sales taxes isn’t transparent. Let the Feds charge the correct rate (27% inclusive), but don’t force the States to choose between higher taxes, reduced services, or even “taxing the tax”.
Treating the government as a consumer prevents a flight away from privatization. Just as an example, your town could choose to run its own garbage collection or hire a private hauler. If your town were relieved from paying tax on employee wages, and paying tax on the garbage trucks it purchases, and private garbage haulers would become extinct.
You haven’t been paying attention. Section 704 mandates that any government agency that sells more than $2500 per quarter will be treated as a government enterprise and required to collect and remit the sales tax. There is no competitive advantage for government agencies.
The author would penalize government-owned or government-run enterprises to the benefit of those that are privately owned. A government enterprise, such as the Postal Service or Amtrak, that receives gross payments from consumers, is treated the same as any other business. The Postal Service charges tax on its sale of stamps, but does not pay tax on employee wages or truck purchases.
The author doesn’t “penalize government enterprises”, Section 704 does! Read it!
(2) Retirees pay income tax on the yields of their hard-earned pensions today, as well as embedded taxes. There are four more points to be made here. First, exempting pensions today from again paying tax is unsustainable. It is delusional to think it will continue. It did not continue when Congress first promised there would be no taxes on Social Security benefits. Second, high-net worth seniors pay today tax on their wealth again when they die. Under the FairTax, the estate and gift tax are eliminated. Third, most seniors have made their major purchases, and the FairTax effectively exempts consumption up to $40-80,000. For these seniors, consumption above that level is truly discretionary spending. Fourth, seniors who have put away investments will see them grow faster under the FairTax and compensate for any incremental increase in the cost of living. The FairTax makes this complaint a non-issue.
Nice try, Jim, but you missed my whole point. My criticism was that after paying into the Trust Funds for 45 years or so, under the Fairtax, I would be forced to resume paying for my pension and health care benefits with my sales tax dollars. How is that fair? Even it all the nice things you listed were applicable, (which they aren’t), the fact remains that I’m paying six percentage points more in sales taxes than I should since I already “gave at the office”!
(3) See (2).
Same problem, Jim. You seem to believe that I’m being disingenuous by not pointing out all the positive stuff. Tell you what, Jim, when I see Ken Hoagland and the AFFT crowd point out the negatives in all their propaganda articles, maybe I’d reconsider. Why am I disingenuous and they aren’t? It cuts both ways, and unfortunately, AFFT has resisted any kind of fair and unbiased public debate.
(4) There may actually be an argument for not having a “pre-bate,” but the D’s will not support the FairTax without one. The pre-bate actually does help make the FairTax progressive – more progressive than today’s income tax when scored using tax concentration coefficients. Economists measure resources over a lifetime, not on year-to-year windows. It has been said that 70% of American households receive some benefit from the federal government already. This particular expansion of government would have relatively little impact. Finally, illegal aliens to not qualify for the pre-bate. They go from being tax-preferenced today to being tax-disadvantaged under the FairTax
Are you kidding me? The prebate would be the largest single cash grant entitlement ever, and you believe it would have very little impact. Tell you what, Jim. The timing of the economic train wreck brought on by entitlements squeezing out discretionary spending would be advanced to where even this old man would see that sorry day!
(5) This FairTax-er will never be heard to make the claim that there will be embedded tax-cost savings of 22%. Neither does FairTax national in Houston. The claim is unnecessary. The combined effect of removing the income and payroll tax and removing embedded tax costs of ca. 10% gives the average American 9% more purchasing power than he or she has today. The author is attempting to tar all FairTax-ers with the mistake of one radio talk-show host.
Not really, Jim. I’m trying to ensure that Fairtaxers understand that all that additional take home pay isn’t some cash bonanza which can be used to pay the mortgage, increase savings, and other nonsense put forward by AFFT. Most of that increased take home pay will be needed to offset the 17% higher prices. And, not everyone would see a 9% increase in purchasing power. (I’d be interested in seeing how you came up with that figure? It’s never too late to learn!)
(6) The author here is telling only part of the story. Financial intermediation services, to which he is referring without naming the feature, are designed to capture explicit or implicit fees for services that are components of intangibles that otherwise escape tax. Interest, for example, may be viewed as having five components: (1) return on capital, (2) the compensation to the lender for the expected loss in purchasing power (inflation) caused by excess money and credit creation, (3) the premium paid for the risk that the capital will not be repaid, (4) the compensation to the lender for taxes due on the interest, and (5) the payment for financial intermediation services – the servicing of the loan or deposit. The FairTax does tax the last component (5) of interest which is the implicit payment for financial intermediation services.
Come on, Jim. You don’t seem to understand the implicit tax feature set out in Section 801-806. It is in addition to normal services-your #5. The fact is that any interest bearing investment and all debt instruments will be taxed depending on the appropriate Treasury rate when compared to the investment or debt instrument interest rate. For instance, how many of our readers have a maxed out credit card with a balance of $10,000 and charging 18%. With today’s mid term Treasury rate of 4%, the implicit charge would be $10,000 x .14 x .23/12 or $27 per month in addition to the normal service charges. Or consider a $50,000 CD paying 2% when the long term Treasury rate is 4%. The implicit tax would be $50,000 x .02 x .23 or $230 per year which reduces your investment income by 23%.
(7) The author admits here that the inventory credit would only last the first year. The purpose of the inventory credit is to smooth the transition. The author overlooked the Social Security indexation, which would also add to any deficit but is important to seniors in the transition and particularly relevant to point (1). The author also overlooks any favorable economic effect of the FairTax and chooses to view it statically.
Quite right, Jim. I don’t have access to some high tech model such as the ESP model used by Larry Kotlikoff, so static estimates are the best I can do. And I did indeed overlook any estimated long term favorable outcomes, but I also overlooked the impact of illegal evasion and legal tax avoidance. The fact remains that there is no offset to cover the $600 billion inventory tax credit, although I have to admit that $600 billion doesn’t look quite as large today as it did when I first prepared these criticisms.
(8) “Cold Turkey” is the best path away from addiction – in this case – Congress’ addiction to the income tax. If the transition runs too long, Congress will find a way to “fix” the tax. 45 states charge sales tax today. The infrastructure is in place.
What on earth makes you believe that the States will roll over and become the federal tax collector? We have had an income tax for almost 100 years, what is wrong with taking five more to get rid of it?
(9) I think Greenspan agreed with the claim that trillions would repatriate to the US. Whatever the number, it would be significant because there would no longer be a tax reason to have money offshore.
I don’t really care what Greenspan said or wrote, the international group that tries to keep track of offshore holdings doesn’t agree with him. I’ve indicated my source, where is yours?
(10) The author is indulging himself in a purely semantic argument with no substantive significance. The tax-inclusive method of expressing the 23% rate facilitates a comparison to the taxes being replaced, such as the income tax that tops out at 35%, the corporate income tax of 35% (one of the world’s highest), the combined employment tax of 15.3%, and the estate tax that tops out at 50%.
The substantive difference is that you and your AFFT friends are torn between arguing that the sales tax will be clearly shown on the receipt and a strong desire to keep the rate as low as possible. The fact remains that the retail merchant has to add 30% to his costs in order to arrive at a 23% inclusive tax, and that 30% appears no where on the receipt. Talk about disingenuous!
And while the corporate rate tops out at 35%, the average income tax paid by corporations in 2007 was 3% of sales.
I would be quite willing to bet that the first thing the Revenue subcommittee of the House W&M Committee changes, should HR25 ever be considered, would be the inclusive rate. Tax legislation is not the place to be doing marketing comparisons. In terms all Americans understand, the sales tax rate is 30%. (or higher?).
(11) The tax to which the author refers is an incentive for foreign countries to enter into treaties with the US. Foreign countries give their residents credit for taxes paid here, so the United States is merely capturing tax that the foreign county would otherwise collect. The author overlooks the fact that money kept here would grow tax free.
Color it any way you wish, it is still a 23% tax on income generated within the US by foreign owned corporations and individuals. And, you forgot about the implicit tax provisions when you claim that investments would grow tax free.
(12) The author does not want you to know the context under which the governors oppose a national sales tax and juxtaposes that point with the repeal of the 15th Amendment. No governor would support the sales tax as an add-on. A December 2009 Rasmussen poll bears this out. Most Americans oppose a national sales tax as an add-on. A plurality, however, support a national sales tax as a replacement.
I thought I made it quite clear that I was quoting from the National Governors Association tax policy paper. Here is the exact wording:
“9.2 National Sales or Value-Added Tax
The nation’s Governors oppose a national sales or transactional value-added tax. Such taxes would intrude into a tax area that has traditionally been reserved for and relied on by state and local governments. If enacted, either of these taxes would seriously threaten the ability of state and local governments to maintain their tax base.”
(13) The author should let consumers decide for themselves the true value of used property. The principle here is that, once property pays tax, it does not pay tax again.
And, once property pays the tax, some portion of that tax cost will be included in the pricing when sold used. Think about it as the embedded cost of the Fairtax.
(14) If there are 30 million people who are un-taxed through the pre-bate, they would still see the cost of goods on the sales slips. When they improve themselves economically, that number will go down.
Very true, Jim, and we all hope that workers will move out of lower income paying jobs. But anyone who is working at or below the AFFT adjusted poverty level and is accustomed to getting only a cost of living increase annually, will never make a net contribution to the federal coffers.
I know this author through correspondence. He is not against consumption taxes but wants to means-test the prebate, take Social Security and Medicare off the table and phase the new tax in. Those changes would benefit a small special interest of people who accumulate substantial after-tax wealth. Means-testing the prebate, however, keeps the government in the income-measuring business. Taking Social Security and Medicare off the table places these two unsustainable programs in further jeopardy. Phasing the FairTax in risks stalling and eviscerating the entire program.
Obviously I disagree, but every one has to make up their own mind. Here is an alternative to the Fairtax I call Fairtax-Lite. Fairtax-Lite is a 12% revenue neutral consumption tax which replaces just the income tax, has no exemptions, no inventory tax credits, does not tax governments, provides a targeted prebate to offset the regressive effects of the sales tax for the poor, retains the payroll tax and the estate/gift taxes, and phases in over five years. If we really want to get rid of the IRS, this may be a better way to go.
To Hank the BigMouth
So after we complain ’bout the first long stupid post, you go ahead and do it again…WTF is wrong wit you? I’m going to suggest to the blogger here block yo dumb ass from commenting here…
Nobody reads it and nobody cares ’bout yo f**kin’ cut and paste waste of space Now get real dumba**…
Hank Van Gieson is correct that we have a long association on other blogs. So I will not again counterpunch the points but merely state that I stand on what I wrote – and let the readers decide.
But I will respond to two of the points where Mr. Van Gieson originally succeeded in raising my hackles. The first point was about the Bush Advisory Panel on Federal Tax Reform. Following my post, Mr. Van now acknowledges that the Panel did not examine the tax base as written in the bill.
Mr. Van admits that the Panel instead adjusted the base by removing government taxation. He thinks that adjustment was appropriate, but it was manifestly inappropriate.
An analysis of the Constitution indicates that taxation of consumption, including state consumption, is a proper indirect tax. As such, it need only meet the uniformity test, which the Fair Tax does. Article I, Section 8 of the Constitution gives Congress the power to lay and collect taxes, duties, imposts and excises. At least one understanding of the term “excise” is a tax on the manufacture, sale, or consumption of goods within a country, i.e., the Fair Tax. The clause goes on to state that all duties, imposts and excises shall be uniform throughout the United States. The Fair Tax is uniform.
Another example of an indirect tax is a federal customs duty. Like the Fair Tax, customs duties are a tax on transactions. The sovereign immunity provisions of the tenth amendment have never been questioned in this context.
The income tax, by contrast, is a direct tax because it is a tax on people, both fictitious and real, and not on transactions such as customs duties. Article I, Section 2 mandates that such direct taxes shall be apportioned. It required the 16th Amendment to permit income taxes.
States may not be inclined to challenge the constitutionality of the Fair Tax anyway. They get a piece of the action under the Fair Tax, namely 1/4% if they agree to become collection agents.
Mr. Van’s other comment that rankled me was the point about the National Governors’ Association. The governors’ paper may have stated that sales taxes would be intrusive of state prerogatives, but the context was clearly in response to proposals by Ezekiel Emanuel, brother of White House chief of staff Rahm Emanuel, to fund health care, and to an obscure Treasury official under President George H. W. Bush who has managed to garner more than his fair share of media exposure. Both men have proposed sales taxes and VATs as additional taxes, not as add-ons.
At this point, the readers should decide whose positions, between us, are the more sound.
Jim, this is in response to your post #9 of 8 Feb. (Unfortunately there was no “Reply” button there, so this may be out of order?) I wonder if you would agree to my working with Morphh at Fairtaxblog.com and see if we could put the arguments in better, more readable form. I replied to your rebuttals in red script, but it didn’t go through that way. As a result, our discussions are an unreadable mess, imho.
You are wrong on both counts as to the taxation of State and Local government consumption as well as your claim of some sort of context for the NGA tax policy position.
(1) Quoting what the Constitution says about the federal government power of taxation misses the whole point. The issue here is whether or not those taxes can be applied to State and local government consumption. And, nothing in the Constitution gives that right to the Federal government. To shorten this post, just come on over to Smart Girl Politics, select the Constitutional group, and read the “Publius” explanations about this issue.
(2) I don’t know where you got the idea that the NGA tax policy position was made in the context of sales taxes in addition to income taxes? That is just not true. The NGA position is clearly stated in the reference I provided. The Governors are opposed to any type of national consumption tax, period.
You said it…”An unreadable mess”…
Hank,
Sure. No problem with me if you want to work with Morph on FairTax Blog.
~Jim
The payroll tax paid by the states is a federal tax on the purchase of labor by the states. The Federal income tax is in itself an indirect way of taxing the states since it raises the salaries necessarily paid. Of course some bonds are taxed…and here:
http://www.gpoaccess.gov/constitution/html/amdt10.html
is some more information on that subject, although not related to the a retail sales tax:
Effect of Provision on Federal Powers
Federal Taxing Power.–Not until after the Civil War was the idea that the reserved powers of the States comprise an independent qualification of otherwise constitutional acts of the Federal Government actually applied to nullify, in part, an act of Congress. This result was first reached in a tax case–Collector v. Day.\9\ Holding that a national income tax, in itself valid, could not be constitutionally levied upon the official salaries of state officers, Justice Nelson made the sweeping statement that “the States within the limits of their powers not granted, or, in the language of the Tenth Amendment, `reserved,’ are as independent of the general government as that government within its sphere is independent of the States.”\10\ In 1939, Collector v. Day was expressly overruled.\11\
Nevertheless, the problem of reconciling state and national interest still confronts the Court occasionally, and was elaborately considered in New York v. United States,\12\ where, by a vote of six-to-two, the Court upheld the right of the United States to tax the sale of mineral waters taken from property owned by a State. Speaking for four members of the Court, Chief Justice Stone justified the tax on the ground that “[t]he national taxing power would be unduly curtailed if the State, by extending its activities, could withdraw from it subjects of taxation traditionally within it.”\13\ Justices Frankfurter and Rutledge found in the Tenth Amendment “no restriction upon Congress to include the States in levying a tax exacted equally from private persons upon the same subject matter.”\14\ Justices Douglas and Black dissented, saying: “If the power of the federal government to tax the States is conceded, the reserved power of the States guaranteed by the Tenth Amendment does not give them the independence which they have always been assumed to have.”\15\
\9\78 U.S. (11 Wall.) 113 (1871).
\10\Id. at 124.
\11\Graves v. New York ex rel. O’Keefe, 306 U.S 466 (1939).
The Internal Revenue Service is authorized to sue a state auditor personally and recover from him an amount equal to the accrued salaries which, after having been served with notice of levy, he paid to state employees delinquent in their federal income tax. Sims v. United States, 359 U.S. 108 (1959).
\12\326 U.S. 572 (1946).
\13\Id. at 589.
\14\Id. at 584.
\15\Id. at 595. Most recently, the issue was canvassed, but inconclusively, in Massachusetts v. United States, 435 U.S. 444 (1978).
Robert, great article. I’m not looking forward to figuring out my taxes this year either and its outrageous we are forced to spend so much effort doing so.
You should know Hank goes around planting his concerns and half truths all over the internet. He’s been rebutted but just keeps going to the next site…
Aaron,
I would love to see a rebuttal to any of my criticisms. If a half truth is also a half lie, then pick one, any one, and tell me why you think it’s a lie.
Good luck!
You full of s**t motherf***er…Be real and limit your comments …Bevity be the soul ‘o wit…You dig a**hole??
Mr. Van Gieson, the only thing complicated about the Fair Tax is your explaination!
Amerigo,
What don’t you understand? I’d be glad to help clarify any issues.
You are absolutely right. The first response you got this morning was another demogague demogagueing the Fairtax. We are not giving up tho until the people get the full and fair message of the proposal. Hang in there.
#3 Mr Geison, Most peoples retirement accounts are in pretaxed dollars, so the Fairtax would result in a benefit for those funds.
Darrell,
Quite right, my friend. That is why my criticism specifies after tax savings. The only savings plan that will make out are tax deferred plans such as 401K’s. A decision to go with a Roth would be severely penalized. Would that be fair?
Let keep this going, why not suggest a way to fix this aspect of the FairTax instead of just throwing it all away. There are many researches that went into the FairTax, if you find a potential problem why not try to get the fix for it. Unless you believe our current system is working, then you have all the right to fight the FairTax. I will need more detailed arguments to be convince to stop “believing” in the FairTax by you or others like you.
Darrell,
#14 You are right–40% pay no income tax, but all workers pay the 7.65% payroll contribution. The issue here is how many workers make no net tax payment to the Federal Treasury. Under current law, less than one million can use the refundable tax credits such as the EITC or Additional Child Care to completely offset that 7.65% payroll contribution. Under the Fairtax, at least 30 million lower income workers would pay no net federal taxes due to the prebate. 30 million versus one million. My question remains, is it a good thing to have 30 million workers disconnected from the cost of the federal government?
As for that sales receipt, can you explain to me why, even though the retail business owner had to add a 30% sales tax to his costs plus profit, no where on that receipt does the 30% tax rate get displayed?
Are you talking about the 30% that is calculated by multiplying the cost of product by 30% and add it to final cost? The FairTax argue that 23% is inclusive, which make final product to be the same price. For example, an item for $100 can be calculated by two methods: $23 + $77 = $100 where $23 is the 23% in the FairTax. You might be talking about the 30% in $77 x 30%=$23.10 and when you add it to the $77 + $23.10 = $100.10. Is this what you meant, sir?
There is an optomistic view that employees will not take their payroll portion and the employers will pass along the saving to the consumers once the FairTax is pass. To be realistic, there will be some companies that will not do this. Here the free market will come in and force these companies to either lower prices or go out of business.
There’s a reason the FairTax can’t get a hearing in Congress. That’s because the folks behind the FairTax don’t really want one.
All tax proposals must be scored by the Congressional Joint Committee of Taxation. (Just as all spending proposals must be scored by the Congressional Budget Office.)
In 1998, when the Republicans were in control of Congress and Bill Archer, the main proponent of the FairTax, was the head of the Ways and Means Committee (which originates all tax legislation), Archer sent the FairTax to the JCT to determin what tax rate would be required to raise as much revenue as our current system (i.e., revenue neutral).
The JCT concluded that the Revenue Neutral Rate for the FairTax would be between 55%-57%.
Two years later, the JCT studied the FairTax again and came up with the same conclusion.
Since then, nobody’s dared submit the FairTax to the JCT for a further review, even though any Congressperson can send any tax proposal to the JCT for review.
Folks who complain that the FairTax can’t get a hearing in Congress want to start with the mistaken assumption that a 23% rate would be revenue neutral. It doesn’t work that way. The JTC has to score it first.
If one of the FairTax sponsors really wanted a hearing on the FairTax, they would first need to ask the JTC to score the FairTax. (Just like the various health care proposals needed to go through the CBO.) Funny they never do.
Is there anyone at FairTax that can explain the scoring of JTC saying that FairTax needs to be 55%-57%? These are major different in numbers, how are they getting such a big different?
The Fair Tax unfortunately, as it’s described by it’s proponents is completely free of any tinkering (or tampering) of the political process. I understand that the 23% is in dispute, but even if it’s accurate, what’s 23% today can be 30% tomorrow. The cost of bringing the change about and then the transition probably wouldn’t be worth it when you consider that the real problem has to do with our political process, our priorities as a nation and the size of government (but those are other topics). As much as I’d like to see a shift to savings over consumption, I’m skeptical.
Lynn, see my response to the 23% to 30% reply at post #14.
Size of government is somewhat related to this topic. I like to get us to think of the Constitution with four branches of government. We all know very well the three that are describe within the Constitution. The forth branch I want us to consider is “We the People”. We are very much a part of the government, in fact, we are the most important one. Congress should not be able to do anything without our say so. The problem with the past decades, We the People have not rule the country and had been allowing thugs and bandits running it. Instead of voting them out after two or three terms, we are asking them to make a bill that make this automated. This too can lead to a problem, they will be so corrupt on their last term because they know it is the last term that are able to serve. We don’t need that, we have to stay in tune. Vote them back in or vote them out when we feel like it after the first term. The key of the government the founding fathers have given us is for us to be involve. This brings us back to the FairTax, once the 23% is set they are not able to change this unless they have come to ask us(We the People) to increase or decrease. We still have to be engaging within the government even when the FairTax is pass.
True, S. My point is that a brand-new theoretical tax will always seem more fair than one that’s actually been applied. It’s the difference between ideals and actual practice. Ideally it would seem to make a big difference, but will it make a difference in practice that justifies the cost of changing the system? We’ll reduce the prebate when Medicare gets too big, or increase the percentage if we go to war. The tax problem won’t be fixed unless we tackle our big structural debt: Medicare, Social Security, Medicaid on the state level. Otherwise we’re just rearranging the deck chairs on the Titanic.
##Miss Lynn—
STSU you dumb bi-itch…You never understand nothing anybody here talkin ’bout… And you got nothin’ intelligent to say…If you gots kids, I feel sorry for them…If you don’t, use birth control…
Let’s give this plan its day in court. Open forums for commentary are fine, but solve nothing. A consumption tax makes eminently more sense for a capitalist society than a confiscatory tax i.e. income tax.
IF a rate of 55%-57% sales tax is required to make up for all the taxes it would replace, I do not see this as a reason to keep the current unfair system! That this amount is already being stolen from us but we are not offended because it does not show up on a 1040 form, makes me so upset I want to puke.
Hank Van Gieson
#11 you mention about section 905 is interesting. I am not a best reader of legal jargon, but I interpret that as 23% tax impose on individuals that don’t reside in the USA but is making income from within our economy. To be fair on the American citizens that are paying the 23% through consumption, don’t you believe that foreign individuals making money in America to pay their fair 23%.
Corporations will come to America in grove because there will not be any corporate tax at 35%. Even if section 905 means tax of 23% on foreign corporations will be implemented, isn’t 23% a lot less than 35%(the current corporate tax). Perhaps at 23% they won’t be coming in droves, but they will come when the other nations are higher in corporate tax and no payroll taxes to collect. This payroll tax cost corporations $billions, they cost saving there along should encourage them to come here.
I support the Fair Tax 100%. Agreed, it will need fine tuning before it becomes a law, but the concept is without a doubt, a thousand times better than our current system. While you guys argue over the minutia, I’ll go ahead and fill out my tax forms and lie, cheat, and steal, so I can make the numbers balance and feed my family, like most other tax payers in this country. How many people really report all their income? How many don’t report an income at all? I don’t have actual numbers because most people would not admit it, but I know for sure, it’s damn few. That’s for sure. Let’s get the Fair Tax out there for the public to decide – we already know the current congress is owned by special interests that won’t support any changes in the status quo. It is time for the people to revolt and get our country back on track. By the way, what kind of closet thinking is it that says we can’t dump the IRS? There was no IRS when our constitution was written – it’s a failed system and it needs to go.
Precisely why we don’t support it…Or a Nat Sales tax…We need to underreport so we can make ends meet…
The current system is perfect for the self-employed, who can’t collect enemployment under the Obama disaster……
We can cook the books 24/7/365..
A gasoline tax would be simple an EVERYBODY would pay…
Hank Van Gieson
#2 FairTax will tax pension and health benefits. Are the seniors not paying income taxes on their SSI benefit right now? Remember that if individuals don’t spend over their prebate, there be no consumption tax burden.
#14 “Due to the prebate, approximately 30 million family units could pay no net federal tax annually under HR25 but will still qualify for all Social Security pension and medical care benefits when eligible.” Are you saying that they don’t qualify for SSI and medicare with current income tax system?
Mr. Hank Van Giesen:
There is no doubt in my mind which political persuasion you subscribe to.
One of the major reasons the Founding Fathers prohibited an income tax in our constitution, they knew how politicians would use such a system to manipulate elections and deny us our Freedom.
Remember this statement being made during the 2008 presidential campaign: “Under my plan, 95% of taxpayers will not see a dime in increased income tax” That was using our Income Tax system to get elected, pure and simple.
I notice that in your 14 paragraphs of anti-fairtax diatribe you don’t mention the word, Freedom, even once. I’ll remind you that a main tenent of our country’s foundation was to us free from abusive and minipulative taxation. Don’t you think that is a major reason they prohibited an income tax in our constitution?
I’ve been a subscriber of the FairTax plan since its inception in 1995 and I’ve always been stymied why liberals can’t understand that corporations don’t pay income tax in the first place–people pay the tax. Untaxing corporations should be a big boon to our creation of jobs and boosting our economy.
Have you ever read the treatise on why we should abolish the income tax, written by Frank Chodorov in 1954. It is the best thing I’ve ever read on the subject and I believe you can google his name and get access to an 81 page version. Or you can go to the following website: http://www.theunfairtax.us
If there is no other reason for passing the FairTax plan and repealing the 16th Amendment, here it is is:
SOCIALISM CANNOT EXIST WITHOUT AN INCOME TAX
You another idiot postin’ here..Nobody cares bout your stupid tax scheme….. Most of us pay no taxes ’cause we on assistance from the county and the federals…Obama cares about us… He said so in every campaign speach…
Obama the democrat cares, the democrat governor Granholmes cares, and the democrat mayor, well he’s in jail now, but he cares…With all these democrats carin ’bout us, you’d think we black folk be rich by now…
Dusty,
You would be dead wrong if you conclude I’m some sort of a liberal. I’m a rock solid Connecticut Yankee Republican, been shot at and missed in two wars, and am strongly in favor of repealing the 16th Amendment and moving towards a national consumption tax. I just don’t happen to support the Fairtax scheme.
AFFT proposes to do too much too quickly, and there are just too many moving parts in HR25 to ever get approved by our institutionally conservative Congress
My 14 criticisms should tell you what I find wrong with the Fairtax scheme. What I would propose is an alternative called Fairtax-Lite.
Fairtax-Lite is a 12% consumption tax which replaces just the income tax with no exemptions, no taxation of governments, no inventory tax credits, has a targeted Prebate, retains the payroll tax and the estate/gift taxes, and phases in over five years or so.
If you really want to get rid of the income tax and the IRS, Fairtax-Lite would have a much better chance of Congressional consideration, imho
Truth-II — I applaud you for your stance. I also believe that the FairTax should get a fair hearing, but it should also be an honest hearing.
If folks hear the pros and cons of the FairTax, including what the required rate would actually need to be, and still prefer the FairTax over our existing screwed up system– then more power to them!
TruthSeeker, that is a good way to see it too. They are pretty much saying that we are being tax 55%-57% with the current tax system. Anyone paying income tax and other taxes should puke along with us.
We need you to pay high taxes so we in De-troit can sit on our assses and collect welfare…There ain’t no jobs here..But we know the democrats care ’bout us…They say so all the time…
Hello dude, can i post articles to your blog ? Let me know if you are interested
howdy you have a cewL site. bookmarked:-) I will tell anybody about your webpage. !!
{ 1 trackback }