Tax reforms such as
the flat tax could boost economic growth and reduce political
corruption, but some oppose reform or view proposals like the flat
tax as unrealistic because interest groups oppose the elimination
of special tax breaks.
However, this is one
of the strongest arguments for tax reform. The current tax system
contains myriad special preferences that undermine economic
performance by luring people into making inefficient decisions to
reduce their tax liabilities. The economic damage is further
magnified by the higher tax rates required to finance the plethora
of deductions, exemptions, credits, and other loopholes.
The federal income tax
deduction for state and local taxes is one of the largest loopholes
in the tax code-saving selected taxpayers more than $50 billion
annually-and also one of the most pernicious. This special tax
break primarily benefits rich taxpayers while subsidizing bigger
government. Eliminating the deduction would facilitate lower tax
rates and help to control wasteful spending and high tax rates at
the state and local levels.
Eliminating loopholes
is an uphill battle, but there is an automatic constituency for
getting rid of the state and local tax deduction. Only a small
handful of states benefit significantly from current law. For
instance, California, New York, and New Jersey account for 35
percent of the deduction. By contrast, the vast majority of states
have relatively few taxpayers who are net beneficiaries. As
many as 40 states would be net winners if the state and local tax
deduction were repealed and the money used to lower tax
rates.
Subsidizing Bigger
State Government
One
of the worst effects of the deduction for state and local taxes is
that it rewards governors and state legislators for irresponsible
fiscal policy. For instance, a taxpayer in the 35 percent federal
tax bracket suffers only a 65-cent drop in after-tax income when
state and local taxes rise by $1. Under a flat tax, a $1 increase
in state and local tax would mean a $1 reduction in after-tax
income. Needless to say, losing the state and local tax deduction
would make taxpayers much more likely to resist the expansion of
state or local government.
This effect is widely
understood. The Congressional Research Service recently wrote
that, "Under current tax rules, taxpayers in high tax states can
deduct more from federal income than can those in low tax states."
State and local officials also understand how this game works,
which is why the interest groups that represent them
vociferously oppose tax reform.
Economists also
recognize that federal deductibility translates into higher
state and local taxes. For instance, Douglas Holtz-Eakin and Harvey
Rosen's 1990 study in the Journal of Urban Economics
estimated that "if deductibility were eliminated, the mean property
tax rate in our sample would fall by 0.00715 ($7.15 per $1,000 of
assessed value), or 21.1% of the mean tax rate."
Subsidizing the Most
Destructive Type of Taxation
Another perverse
effect of the deduction is that it rewards states for imposing the
most destructive forms of taxation. After the 1986 Tax Reform Act,
taxpayers could deduct only income and property taxes. Yet these
forms of taxation- especially state income taxes-are particularly
destructive. Sales taxes cause less economic damage, but the
federal tax deduction explicitly discourages states from using them
as a revenue source.
Tax legislation
approved last year addressed that inequity, but in the wrong way.
Instead of eliminating deductions for all forms of state and
local taxation and using the money to lower tax rates, the
legislation temporarily gave taxpayers an option to deduct the
sales tax instead of the income tax. Itemized deductions, however,
are much more likely to be used by wealthy taxpayers, who
generally have larger state and local income tax liabilities
than sales tax liabilities, so the bias still exists for state and
local politicians to rely on the more destructive forms of
taxation.
A Tax Deduction for
the Rich
Some
critics oppose the flat tax because they think the "rich" will
benefit. This is rather ironic since upper-income taxpayers benefit
disproportionately from itemized deductions and receive an enormous
portion of the state and local tax deduction.
Only 35 percent of
Americans itemize their deductions, and the number utilizing the
deduction for state and local taxes is even smaller. These
taxpayers tend to be wealthy. Indeed, IRS data confirm that
more than 90 percent of taxpayers with incomes above $100,000 use
the deduction, compared to less than 14 percent of taxpayers
with incomes below $40,000. This is why the Congressional
Research Service noted that:
[I]f state/local tax
deductibility were eliminated, the federal tax burden would shift
from all federal taxpayers toward itemizers…. [I]temizers
tend to be higher income, thus, federal income taxes may become
more progressive if the state/local taxes paid deduction were
eliminated.
Moreover, because the
federal tax system has "progressive" tax rates that discriminate
against those with higher incomes, the deduction is more valuable
to a rich taxpayer than it is to a poor taxpayer. As the
Congressional Research Service wrote:
The federal tax
savings from the deduction is equal to the taxpayer's marginal tax
rate multiplied by the size of the deduction. Because the federal
income tax rate regime is progressive, a deduction for itemizers,
in contrast to a tax credit for all taxpayers, favors taxpayers in
higher income tax brackets.
Conclusion
The
interests of politicians in a few high-tax states should not
dictate federal tax policy. A small handful of
jurisdictions-including California, New York, Oregon, New
Jersey, Minnesota, Maryland, Massachusetts, D.C., and Connecticut-
benefit disproportionately, but the rest of the nation pays higher
taxes to subsidize these profligate states.
The federal deduction
for state and local taxes is bad tax policy, and it encourages bad
fiscal policy at the state and local levels. By encouraging bigger
government, it reduces economic performance. The deduction also
necessitates higher federal tax rates, further hindering economic
growth. To promote fairness and economic growth, Congress
should eliminate the deduction.
Daniel J. Mitchell,
Ph.D., is McKenna Senior Research Fellow in the
Thomas A. Roe Institute for Economic Policy Studies at The
Heritage Foundation.