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<a href="http://www.nytimes.com/"><img src="http://graphics8.nytimes.com/images/misc/nytlogo153x23.gif" alt="The New York Times" align="left" border="0" hspace="0" vspace="0"></a>
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<div class="">December 27, 2012</div>
<h1>Closing Loopholes Isn’t Enough</h1>
<h6 class="">By
<span><span>LEONARD E. BURMAN</span></span> and <span><span>JOEL B. SLEMROD</span></span></h6>
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<p>
REPUBLICANS in Congress say they will do anything rather than raise tax rates. Apparently, that includes <a title="The New York Times editorial, Dec. 26, 2012" href="http://www.nytimes.com/2012/12/27/opinion/a-fiscal-cliff-endgame.html">rushing headlong</a> over the <a title="Fiscal cliff explained, The New York Times, Nov. 15, 2012" href="http://www.nytimes.com/2012/11/16/us/politics/the-fiscal-cliff-explained.html?pagewanted=all">fiscal cliff</a> and throwing the economy into a possible recession. </p>
<p>
When, in an effort to avert the now infamous tax increases and spending
cuts to take effect on Tuesday, House Speaker John A. Boehner proposed
his so-called <a title="The New York Times, Dec. 18, 2012" href="http://www.nytimes.com/2012/12/19/us/politics/backing-off-deal-boehner-invokes-plan-b-on-taxes.html?_r=0">Plan B</a>
— which would have nudged up tax rates only for those earning over $1
million a year — rank-and-file Republicans promptly rebelled, storming
their party caucus with the rhetorical equivalents of pitchforks.
</p>
<p>
One can’t argue with religion — and for some, the unwillingness to bend
on marginal rates is just that. But for many politicians, the refusal to
raise tax rates rests on a faulty premise. </p>
<p>
The Congressional Budget Office <a title="CBO, The 2012 Long-Term Budget Outlook" href="http://www.cbo.gov/sites/default/files/cbofiles/attachments/06-05-Long-Term_Budget_Outlook_2.pdf">projects</a>
that if the United States follows a likely scenario in terms of
demographic changes, spending and economic growth through 2035,
America’s coffers may fall short by as much as $2 trillion a year in
current dollars. With a predicted gap so large, any deal to restore the
country’s fiscal balance must include at least some new revenue. </p>
<p>
But even those Republicans who acknowledge that additional tax dollars
will be necessary say we can get what we need without increasing a
single tax rate. All we have to do is close up some “loopholes” and
“broaden the base”! We can keep in place the Bush-era tax cuts, they
say, and make up any lost revenue simply by eliminating various
deductions, exclusions and credits. </p>
<p>
At first glance, the idea seems great. Who wouldn’t want to root out the
tax evaders and finaglers who are shirking the shared burden? And the
idea of a broader base of taxpayers paying lower rates across the board
sounds so much simpler and fairer for every citizen. </p>
<p>
But closing loopholes is neither sufficient to do the job nor as “fair” to everyone as it might seem. </p>
<p>
There is no painless way to raise revenue, as past attempts have shown.
Increased levies on corporations are ultimately passed along to
shareholders, workers or customers. Raising taxes on foreign companies
increases the cost of capital as businesses keep their cash overseas.
Even a fix as “obvious” as doubling down on audits to catch tax cheaters
ends up creating a burden for honest citizens caught in the snare.
</p>
<p>
Closing loopholes and purging deductions are no more exempt from the laws of tax physics than any of the above. </p>
<p>
Both Democrats and Republicans have considered phasing out the mortgage
interest deduction, and there are good economic arguments for doing
that. But it might depress an already weak housing market and hit some
middle-class homeowners hard. </p>
<p>
Eliminating the charitable deduction could devastate many philanthropic
organizations and the people they serve. You can go down the line with
many exemptions, deductions and credits and find an unintended, and
unfortunate, consequence. </p>
<p>
Likewise, more sweeping attempts to broaden the base can end up doing more harm than good. </p>
<p>
Most states tax only retail sales to consumers — but some, for example, also tax sales to other businesses. This tax, called a <a title="Center for Tax and Budget Accountability, fact sheet" href="http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=9&sqi=2&ved=0CGgQFjAI&url=http%3A%2F%2Fwww.ctbaonline.org%2FAll%2520Links%2520to%2520Research%2520Areas%2520and%2520Reports%2FHome%2520Page%2FFact_Sheet_GrossReceipts_3-2007.pdf&ei=wpLcUJeIOsyu0AHXrYHAAw&usg=AFQjCNHNMojMXooXKCrIGBKAXvKweeZu7Q&bvm=bv.1355534169,d.dmQ">gross receipts tax</a>,
certainly has a larger base than a retail sales tax since businesses at
each stage of manufacturing, distribution and marketing end up being
taxed. </p>
<p>
Supporters of the idea say this cascading tax can be assessed at a much
lower rate and still collect the same revenue over all, spreading out
the pain. But it is a <a title="Tax Foundation report, Dec. 2006" href="http://taxfoundation.org/article/tax-pyramiding-economic-consequences-gross-receipts-taxes">poorly designed tax</a>,
because it taxes products that involve many stages of production more
than those produced in only one or two steps. That, in turn, encourages
companies to merge to avoid paying multiple layers of tax — whether or
not that makes any business sense. </p>
<p>
To be sure, there are constructive ways to broaden the base. There are
few compelling reasons, for example, that employer-provided health
insurance, which is part of compensation, should be exempt from income
tax. This tax break <a title="The Joint Committee on Taxation, 2008 report" href="https://www.jct.gov/publications.html?func=startdown&id=1193">costs</a> around $250 billion a year and makes gold-plated health insurance more attractive to workers, which drives up health costs. <a title="NBER report by Jonathan Gruber" href="http://www.nber.org/bah/2010no1/w15766.html">Eliminating it</a> would be a good first step in shoring up the federal budget. </p>
<p>
We could also turn the mortgage interest deduction into a flat 15
percent tax credit and cut the maximum deductible mortgage to $500,000,
which would help many homeowners who do not itemize deductions, while
curtailing subsidies for high-income people who don’t need help. This
would raise about $40 billion in 2014, according to the nonpartisan <a title="Tax Policy Center, options to replace mortgage interest deduction" href="http://www.taxpolicycenter.org/numbers/displayatab.cfm?Docid=3404&DocTypeID=7">Tax Policy Center</a>. And we could allow a deduction for <a title="CBO report, "Reducing the Deficit: Spending and Revenue Options" " href="http://www.cbo.gov/sites/default/files/cbofiles/ftpdocs/120xx/doc12085/03-10-reducingthedeficit.pdf">charitable</a>
contributions over 2 percent of adjusted gross income, which would save
$20 billion in 2014 without discouraging most donations. </p>
<p>
But in the end, none of these fixes will be enough to raise the revenue
we need to balance the budget, begin to pay off America’s debt and avoid
the fiscal cliff. Nor can we cut spending enough to achieve those
goals. An aging population expects the government to make good on
promises for retirement support and increasingly expensive health care —
so cuts in popular programs big enough to avoid higher taxes are simply
not in the cards. </p>
<p>
That leaves us with one choice: do all of the above. Let’s trim spending
where we can, broaden the base where it makes the most sense and, yes,
raise marginal tax rates as well. Returning tax rates to Clinton-era
levels for married filers making over $250,000 a year and singles making
$200,000 or more, as President Obama has proposed, would be a good
start, and might provide the impetus for more serious discussions of tax
and entitlement reform. </p>
<p>
The only thing we shouldn’t do is pretend any of these fixes will be
painless or easy for everyone. They won’t. Even in a happy, thriving
democracy, someone ends up holding the bag. </p>
<div class="">
<p><a title="Author’s page, Syracuse University" href="http://www.maxwell.syr.edu/burman/">Leonard E. Burman</a>, a professor of public administration at Syracuse University, and <a title="Author’s page, University of Michigan" href="http://webuser.bus.umich.edu/jslemrod/">Joel B. Slemrod</a>, a professor of economics at the University of Michigan, are the authors of “<a title="Link to book site, Oxford University Press" href="http://tinyurl.com/taxesinamerica">Taxes in America</a>: What Everyone Needs to Know.”</p>
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