Posted by
Andrews on Friday, February 05, 2010 8:41:25 PM
I have written about the FairTax a lot, though not recently as it has not received much attention recently. Still, I see it come up from time to time, so I thought I would explain what my main objections are. I won't go into the many objections I have to claims of the proponents, such as "revenue neutrality" or "reduced bureaucracy"
1, as, while I think they are wrong, those are secondary issues. Even if we assume the FairTax would produce revenue neutral results and would not require a massive federal bureaucracy, even if it could be piggy backed cost free onto state systems (including in states which don't presently have a sales tax), I would still object. So, granting their many claims, here are the reasons I still object to the FairTax
2.
My first, and most significant objection is that the FairTax is every bit as dishonest as our current system. It has been my contention since I wrote "
Making Taxes Hurt" that our problem is that we don't know how much tax we pay. We hear all kinds of figures, we are told we work for the state until June or July, but we don't really feel it. We not only don't see the taxes withheld, but we never even consider all the corporate taxes, sales taxes, fees, and other government exactions which we pay in whole or part. And the FairTax continues this tradition, by hiding the money in every purchase, making it hard for us to realize how much we pay.
Now, some will claim "it's right there on the receipt", and so is sales tax. And your withholding is on your pay stub, along with SUTA and FUTA and FICA and so on. But we don't really feel it. And the FairTax is even worse, as they want it to be incorporated in the sale price, rather than added on like a sales tax. At least a sales tax, being added, makes us notice it. The FairTax, being "embedded" is even less obvious. And as a result, it allows the politicians to get away with dunning us for a fortune without us even noticing. Worse still, if they raise the rate, will we blame Washington? No! Because the retail prices will increase, we will likely blame the sellers and manufacturers, not Washington, making the FairTax an ideal mechanism to avoid blame even for increasing taxes
3.
What we need is a tax which draws our attention to the amount of money Washington takes. That is why I have argued before for eliminating all fees, tariffs, and the rest, as well as all corporate taxes, inheritance taxes, capital gains taxes, and the like, and rely solely upon a direct flat income tax, assessed upon everyone who earns even one dollar, and paid in its entirety once a year, or, at most, quarterly. Once we have to cut a check for 50% of our quarterly income four times a year, we may have a different perspective on whether or not Washington "needs" more money or not.
But the FairTax does just the opposite. It hides the costs of the state inside the cost of the goods you buy, and not only hides it, but makes it difficult to tell even how much of the cost is tax, unless you specifically seek out that information. And, despite claims to the contrary, it is a rate that is likely to change, especially if consumption patterns change. Which means, not only is the amount of taxes we pay hidden, but likely over time it will vary, and, worst of all, that variation will most likely be blamed on the vendors, not on the government
4.
A second problem is the inequitable nature of the FairTax. While I am hardly a booster of progressive taxation, and I have always argued "fair" is a generally meaningless description in politics ("
Protean Terminology"), I do think we should avoid systems of taxation which are intentionally regressive. Though I have always argued that the main purpose of taxes, in fact the sole purpose, should be maintaining the needed revenue for the government, I do believe practical considerations demand that taxes be assessed in a manner those paying agree is equitable, as a system to which too many object could serve as a destabilizing influence. ("
Symmetry and Asymmetry in Government", "
Misunderstanding Democracy")
Yet the FairTax fails in that regard. And the proponents quietly acknowledge this, though they pretend they have solved the problem. The basic problem is that the tax falls entirely one the purchase of new, retail goods. As anyone can tell you, the poorer you are, the higher the percentage of your income you commit to retail purchases. Of course, at the very low end of the scale, used purchases are more common
5, but except for the very lowest echelons, it is obvious that a higher percentage of the income of the poor and lower middle class will be taxed than of the upper middle and upper classes.
Now, the proponents make two counter arguments. First, they argue you can "decide how much tax to pay" by controlling your purchases, but unless you live on a self-sufficient farm, make your own clothes and ride a horse, most people have a large number of required purchases they cannot ignore. In any case, telling the middle class they can "avoid taxes" by adopting austerity and forgoing purchases of luxuries or recreation is not likely to win many friends. Effectively it would be akin to imposing some sort of austerity program, in other words, imposing the FairTax boosters' values on the world through their tax system
6. Though, in reality, rather than adopting austerity, most likely the poor and middle class would simply end up paying more of the tax burden and resenting it, making them easy targets for a populist rabble rouser proposing some sort of tax revolt.
The other argument is that the prebate offsets necessary purchases, but even this is only a small concession. For some level of poverty, this will offset the inequity, but for much of the middle class, they will continue to spend more in terms of income than more wealthy, and will continue to find the system inequitable. The prebate may remove the most poor from the dissatisfied, but only by moving the dissatisfaction to the middle class.
I have proposed three methods of making taxes fair, though both would obviously upset many. Provided we must have an income tax, the most equitable solution seems to me to place a fixed percentage on every dollar earned, without exemption or income requirement. That way, everyone who earns any money will share in the burden equally, and everyone will experience the same burden of government. That would eliminate the current problem of a class which pays no taxes, yet receives benefits. (Which would exist under the FairTax as well, thanks to the prebate.)
My second method only works if we move away from income taxes and reduce government size. If government is small enough, I could see having a single government fee assessed against everyone equally. This sounds unfair, but if you think about it, everyone gets the same benefit from the state, so they should pay the same price. Your cab ride isn't cheaper because you are poorer than I am, so why should government work that way? But, obviously, the government would have to be much smaller to make such a system affordable to most Americans. Or, to change this to a third variation, we could assess such a fee, but the failure to pay would carry no disability except for the inability to vote. Only those paid up on their taxes have a say in government. It could potentially backfire, if enough people decide to give up voting and bankrupt the state, but it does seem quite fair, at least in the abstract.
But I am not here to discuss my thoughts, simply to point out the problems of the FairTax, and looking at taxes as a percentage of income, it becomes evident, even with the prebate and enforced austerity, the FairTax will end up striking some part of the lower and middle classes most harshly, which cannot be considered fair. Even with the prebate added, it simply shift the burden from some of the lower class to the middle class.
And, having mentioned the prebate, that brings me to my third objection, which is the prebate itself. The prebate should terrify every single small government conservative, and, that it does not tells me how far we have come from our roots. Think about what the prebate means. It means absolutely every US citizen comes to expect a monthly check from Uncle Sam. It is bad enough that we have been tricked into thinking of our tax "rebate" check as a good thing, instead of a sign that we loaned money to the government interest free, the prebate makes of every man woman and child a welfare recipient. Oh, it is sold as "getting our money back", but that doesn't change the fact that we will become used to seeing the government as a source of money, instead of a taker of wealth. The same way withholding and refund checks warped our understanding of the income tax, the prebate will warp our understanding of taxes entirely.
But the problems don't stop there. Besides making us see the government as the source of money, the prebate itself could easily be misused. No one in 1917 thought the internal revenue code would be used for welfare, but the EITC is precisely that, a "rebate" of money no one paid. Why would the prebate be any different? What is to prevent the prebate checks from being used to support select groups? Or to encourage politically preferred purchases? Once you give the government the ability to send out checks, you have granted them the ability to use that money for whatever ends they prefer, and the prebate, being universal, is an ideal vehicle for various government subsidies and spending schemes.
Moving on from the prebate, we get to my fourth problem, one I discussed in "
The Problems of Spending and Taxes", "
Some Thoughts On Taxes" and "
Truths About Taxation", that the FairTax does not focus solely on providing revenue, but continues to use the taxation system to implement policy, "encouraging" desired behaviors. As I have discussed, the purpose of government is to protect rights, and the purpose of taxes are to raise revenue, anything else is an illegitimate use. Granted, the FairTax is less policy heavy than our present system, but it still has policy disguised as revenue generation.
What policy? The one I mentioned earlier, the one hidden in the assumptions behind the statement "you can decide how much tax to pay by how much you spend." It sounds like a neutral statement until you think about the implications. The FairTax, by tying taxes to spending, implicitly adopts the position that spending for consumption is something to be avoided, and money "should" be directed to investment and savings. Now this may or may not be a valid position, but it is not a position the government should be taking, and certainly not one it should be enforcing through the tax system. Individuals are perfectly capable of deciding what to spend and what to save, and by changing those decisions through the tax system, you end up making individuals less happy than they would be otherwise.
Worse still, by hiding this policy aspect inside the FairTax, the FairTax admits that the tax system should be used to encourage desired behaviors. Once that concession is made, as I argued in "
Inescapable Logic", there is no way to argue against the logical implications. So, if a future politician wants to "encourage" home ownership by exempting them from the tax, what is the argument against it? The principle has been admitted, is an integral part of the FairTax, so there is no counter argument. And in that way, the FairTax sets itself up to become as convoluted and exception ridden as our current system, as it admits the same policy considerations that made our current system what it is.
Which brings me to my fifth problem, the trade implications of the FairTax. Though it may be a matter of indifference domestically whether we have 22% "embedded" tax, or 23% FairTax, for foreign merchants selling in the US, a 23/30% tariff (and they will see it as 30%
7) will definitely raise objections, likely WTO level objections. Though we might argue that it is necessary for domestic reasons, it seems likely the imposed tariffs demanded by the FairTax will bring retaliatory taxes from foreign nations. Of course, if we don't impose such tariffs, we will likely see foreign goods come to dominate our markets, so it is something of a lose-lose. Still, it is something we need to consider.
My sixth objection is based solely on my federalist leanings, but in that respect the FairTax is every bit as bad as our present tax (or as a flat tax, for that matter). Any plan which leaves the tax power in the hands of the central government encourages wasteful pork projects to buy off states. Only by returning funding to the states will we make pork a losing proposition. So, though it is a problem shared by all forms of centralized taxation, I do still have to mention that the FairTax, by keeping the taxing power centralized, does nothing to eliminate the problem of bribery of states through pork spending.
My seventh objection is one that should be obvious, but which is routinely dismissed by FairTax advocates, and that is that there is nothing to prevent other taxes form being added to the FairTax. Though they claim :the law prevents it", there is no reason that law could not be changed. Having passed the FairTax, nothing prevents congress from adding another tax, even an income tax. Even though it requires the repeal of the 16th Amendment, recall that there was an income tax during the Civil War, long before the 16th Amendment, so even some form of income taxation could be added. Not to mention all the non-income taxes possible. There is nothing that guarantees the FairTax will be the only tax. Of course, this is true of all taxes, but I had to point it out, as the advocates often act as if the FairTax, due to its wording, somehow avoids this fate. It doesn't.
Which brings me to the eighth objection, the really large problem with the FairTax, and the reason that some, otherwise unlikely, supporters may sign on. The FairTax, despite the claims of proponents, is an easy way to backdoor in a VAT on the US. If you eliminate the new/used and retail/wholesale distinction, the FairTax becomes nothing but a very expensive VAT. And, as many Americans may not understand the significance of those two distinctions, it would not be a huge legislative hurdle to make that quick transformation once the FairTax is law. As the transformation rests on eliminating two distinctions that appear relatively minor to those not well versed in the matter, it would likely not even meet with strong opposition. And so, should the FairTax ever become law, we would need to be ever vigilant against the possibility of it becoming our own VAT
7.
Mentioning the distinction between new and used and retail and wholesale brings me to my ninth objection, the economic dislocations that such distinctions will cause. In a footnote I mentioned the economic consequences of favoring used goods over new, but that is but one problem. As many have mentioned, the FairTax would also be a major blow to the single family home. If a "retail purchase" pays the 23/30% tax, while a "wholesale" purchase does not, it would follow that those buying for the rental market would buy houses at a 23/30% discount. This would almost guarantee they could outbid any homeowner, making it very difficult for individuals to purchase single family homes. It is but a single example, but it does show how little thought was given to some of the consequences of such distinctions.
Actually, there is another issue related to this distinction which is not precisely a problem, but has always troubled me. Suppose I buy a second house with the intention of renting it out. I pay the price, but not the 23/30% tax. It sits on the market for a year, and no one rents it. In the end, I sell my present house and move into the house I bought to rent. That house has now transformed from a "wholesale" to a "retail" purchase. So, do I now have to send 23/30% of the price to the tax authority? And if so, who would monitor such events? And how?
Which brings me to my tenth objection. If such situations could arise by accident, why not on purpose? What if I know I am going to buy a house, but pretend to buy it to rent, make token efforts for a month, then sell my present house and move into the rental. Who would notice this? As taxes are tied to the transaction, not the individual, there would be no easy way to monitor that individuals used wholesale or retail goods as they declared. Similarly, every individual would do well to claim to be a caterer, buy all their food at 23/30% discount, then just consume it. As taxes are not monitored per individual but per transaction, no one could tell that Jim Smith had never bought any food retail in his life. And the examples go on and on. The new and used distinction presents similar potential for fraud.
Of course, fraud is not unique to the FairTax, it exists in all tax systems, my objections are that the FairTax makes many types of fraud easy and lucrative. And, in addition, the FairTax is being sold on requiring no big bureaucracy and avoiding intrusive reporting. If such fraud becomes too rife, or defrauding the state becomes too easy, I am certain that both of those claims will prove quite illusory, as we will find ourselves saddled with reporting requirements every bit as intrusive as those today.With fraud being so easy, and so hard to catch, I can't see the problem being resolved with anything less than a quite intrusive reporting burden placed on every individual.
And that completes the list, at least the ten greatest objections. I have raised a few others in my earlier posts, and there are some complaints I have with the veracity of some claims about the tax system, but as those depend on interpretations FairTax advocates will likely contest, I think these ten are the best, as they are fairly easily demonstrated and still show more than enough reasons to be concerned with the FairTax.
Not that I think the FairTax is a complete failure. It likely would be slightly better than the present system. However, as changing systems will cause huge problems, and will require a major undertaking, it seems a small improvement does not justify the effort. In addition, if we are going to completely overhaul the system, then it seems there are better choices. A flat income tax with no exemptions requires even less change, and yet provides many benefits, perhaps more than the FairTax. Or, if we want really dramatic change, returning to state financing gives us 50 different tax systems, as well as the other benefits of federalism. So, if we want to make radical change, that seems a better candidate.
In short, I am not saying the FairTax is completely wrong, or even worse than what we have, just that there are better options, especially as the FairTax has many flaws the advocates have overlooked.
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1. These two are the most obvious problem. Revenue neutrality, as it assumes the 22% embedded tax is evenly distributed, where in reality, some items will go up in price, some down, and some industries will end without protective tariffs, thus producing anything but revenue neutrality. ("
The 22%", "
So Why Do I Care") The bureaucracy is also not going away as we need a central body to collate information between states, adjudicate policy questions, and handle taxes for states lacking sales tax administrations which refuse to establish one for the FairTax. ("
A Partial Reply to yt_knight", "
Another Reply to Yt_knight", "
Reply to FairTax Comments", "
Reply to Fair Tax Comment II", "
Reply to FairTax Comment III", "
Two old ones (plus three)") As these questions grow in importance, the bureaucracy will grow. In addition, as states see the no-tax states saving the cost of a sales tax administration, likely they too will try to offload the duty on the federal agency, requiring a bureaucracy every bit as big as the IRS. And that is ignoring the many headaches of administering the prebate, determining eligibility, finding interstate fraud, and prosecuting offenders.("
What is Wrong with a Prebate?", "
Truths About Taxation", "
The Problems of Spending and Taxes")
2. For those curious about my arguments against the claims made in favor of the FairTax, I suggest reading through my lengthy series of posts on the topic. These can be found by starting with "
An Interesting Analogy", "
The Runaway Stagecoach" and "
Keyhole Thinking" and following the many links. A few claims have been dropped (eg. Indian Reservation questions) as they were answered, and a few others have become less prominent in my arguments as other objections have arisen. Still, I stand by my entire body of work on this topic, just bear in mind a few of the older posts do mention points I am no longer arguing.
3. FairTax supporters always counter this by stating the rate is "written into the law", as if that would prevent congress form changing the law. A lot of things have been written into law that no longer apply, and there is no reason to think the FairTax legislation will be more immutable than any other law In fact, in "
Short Reply To Doctor Adams", I mention the fact that FairTax advocates often argue that other tax laws could be changed, but assume the FairTax laws never will be, in effect establishing an impossible double standard for evaluating any competing tax scheme.
4. There exists a potential catastrophe in the FairTax, though an unlikely one. Should consumption levels decline, as it stands now, the FairTax would require a rate increase to maintain government spending. However, as we know, price increases reduce consumption. That being the case, it is possible to conceive a weak economy, with declining sales, being kicked into a full-fledged recession due to increases in the FairTax and the resultant decline in consumption. Granted, current taxes also have recessionary impacts, and the FairTax based recession is a remote potential, but it is worth mentioning as the FairTax boosters have a tendency to deny any negatives, so they need to be pointed out by someone, even the more remote possibilities.
5. One other potential consequence of the FairTax will be an increase in the cost of used goods. Both new and used goods will see the elimination of any "embedded taxes", so both will see prices decline. But the new goods will have the added 23/30% tax. This will increase demand for used goods, due to the massive discount. That increased demand will cause prices to rise relative to new goods. So used goods will become less affordable relative to new. In addition, as demand goes to used goods, due to the massive price difference, even after this increase, sales of new goods will decline, making ti less likely the FairTax will remain revenue neutral as claimed. (See postscript II for thoughts on the many likely, but unanticipated, consequences of this policy.)
6. We will talk later of the propriety of imposing any social policy through taxation, but, ignoring that, there remains the question whether or not the values of the FairTaxers, their emphasis of saving over consumption, is something that should be imposed. See "
The Right Way" and "
The Inherent Disappointment of Authoritarianism" for my arguments against imposing values upon others, and "
Man's Nature and Government", "
The Citizen Dichotomy", "
My Political Philosophy" and "
Inescapable Logic" for the logical consequences.
7. It is not my purpose here to discuss the relative merits of the VAT. I know it has its proponents, some even nominal conservatives. I think, by basically weighting the tax burden by the amount of processing done, it tends to favor raw materials over processed goods, which would work well in certain economies, but is quite painful in a modern, heavily industrialized society. As a result, I think the VAT would do more economic harm than good. In addition, for those who fear the shift to "service jobs" (though I disagree with such fears - See "
"Fair Trade"", "
Small Business Fetish" and "
Free Trade, Employment, Outsourcing, and Protectionism") the VAT would clearly favor those providing "services" over those producing goods, and so would hasten the destruction of the manufacturing sector in favor of firms which produce no physical output. Without processed goods, it is difficult to accumulate the many layers of VAT that heavily modified, manufactured goods do.
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POSTSCRIPT
Please note, many people I like and respect support the FairTax. I have been a fan of Michael Reagan and Neal Boortz (though we have disagreed before -- "
Short Response to Boortz"). And I understand there are many sincere supporters. However, in this case I think all that support is misguided. Wanting to reform taxation is laudable, I just think this is not the right reform. If we want to do a complete overhaul, we should wait for a better solution.
POSTSCRIPT II
As should be obvious from many postscripts, I find the assumptions behind the FairTax untenable. First, the embedded taxes are not evenly distributed, so removing them and adding in 23/30% will likely hit different goods differently, including destroying industries relying on protective tariffs. On top of that, the price discrimination between new and used, and retail and wholesale, will introduce absolutely unpredictable changes into the marketplace. There are more, but just those should show how little faith we should place in claims of "revenue neutrality". No one could predict that the market would look like after the FairTax, and so any predictions based upon precise numbers should be taken with a massive grain of salt.
POSTSCRIPT III
For those curious why I say 23/30% when describing the tax rate, it is because the FarTax advocates claim it is a 23% tax rate because it represents 23% of the total of price plus tax. However we traditionally calculate tax rates as the percentage of the non-tax price added, and by that figure it is 30%. Rather than argue this over and over, I just provide both percentages. (See "
Definitions" for details.)