The recent political action to avoid part of the so-called fiscal cliff was an incomplete and ugly display of a dysfunctioning political system and feckless national leadership.
If is difficult to find any joy on what was enacted when viewed in the confines of possible policy choices and the lay of the future fiscal landscape. However, it is important to grade the results and in a second piece I will grade the actions of the major participants.
Individual tax rates were the centerpiece of the long running dispute between the “tax anything that moves” liberals and “do not tax anything” conservatives. The new law retains the 10 percent, 15 percent, 25 percent, and 28 percent income tax brackets enacted in 2001 permanently and the 33 percent and 35 percent income tax brackets for taxable income under $400,000. There is now a 39.6 percent tax rate on income above this level. For purposed of the article I will use the single taxpayer status to illustrate threshold levels.
Therefore, income taxes will go up on high-income taxpayers a few thousand dollars plus a year, a situation that can be remedied by them by a little creative tax planning. The projected increase in overall government receipts from the rate increases will have an insignificant impact on the federal deficit, still accumulating at $ 4 billion a day. Economic grade C, Tax policy grade C
While liberals are gleeful at “sticking it to the rich”, the two per cent payroll tax reduction expired. Therefore, while politicians pat each other on the back for saving the great middle class, the fact is, EVERYONE’S taxes will be going up. Economic grade D, Tax policy grade A
There is much ballyhoo over making the new rates permanent. Victory chest thumping over making the tax rates permanent is silly. Congress can change them anytime. Economic grade C, Tax policy B
The new law reinstates the phasing out of personal exemptions (PEP) for adjusted gross income over $250,000 and the limitation on itemized deductions. (So-called Pease amendment) These were horrible provisions when it was first enacted years ago and remain so. It is back door way to raise taxes, is intellectually dishonest and complicates tax filing. Tax policy grade F minus.
Capital gains tax and dividends tax will be 20 percent for taxpayers with income over $400,000. This does not include the new 3.8 percent health care tax on investment income above $200,000 so the top rate for capital gains and dividends will be 23.8 percent. Economic grade C minus, Tax policy grade C+
The new law sets Alternative Minimum Tax (AMT) exemption 2012 and adjusts for inflation thereafter. AMT is an outdated concept and should be repealed. This fix is next best result. No economic impact, Tax policy grade C
Estates will be taxed at a top rate of 40 percent, in general, over the first $5 million in value. This is an increase from the 2012 rate of 35 percent. I have not reviewed the details on all these provisions such as carryover basis but in general this is a positive and settles an issue few care about. No economic impact, Tax policy grade B
A few other tax provisions to note:
- One-year extension of 50 percent bonus depreciation rules. No real economic effect now. Tax policy grade C-
- Extends American Opportunity Tax Credit (education) through 2017. Should not be in tax code. Tax policy grade F.
- Retains the doubled child tax credit ($1,000) permanently, its refundable portion through 2017, plus the expanded earned income tax credit (EITC) through 2017. Again, has no place in the tax laws as it is primarily an income redistribution and welfare program. Tax policy grade F minus
Payments for the long-term unemployed was extended for another year. Might as well make this a welfare program. Without improvements in the program and with no end in sight, this grades out at a D.
A number of tax provisions that expired at the end of 2011 and 2012 are to continue without really culling the silly ones out. This is known as the extenders. These would include the big business subsidy for research and development, ineffective and generous renewable energy subsidies and (I was so glad Congress decided to extend) the special provisions to NASCAR so they can build more racetracks propping up this billion-dollar entertainment enterprise on the backs of the middle class. Economic impact zero, Tax policy grade F
The Sequester of $109 billion for 2013 in reduction of budget authority covering defense and some domestic programs -the only thing Congress has done in recent memory to actually slow the growth of government- was put off for two more months. Cost of $24 billion masked by some budget games. Failure to even address any reduction in Federal spending gets Grade F minus minus.
The final item to note is that the debt ceiling of some $16 trillion was hit on the last day of the year. Treasury actions to manipulate books and defer payments will forestall actual default until late February. This is tantamount of charging your Master Card to pay Visa. Grade is incomplete
So there is the report card. Not much to crow about. Empty political victory for the President on tax rates increases that will not have any real effect on the deficit or the economy. However, Democrats cannot go back to this well again. Republicans crossed the line on “no tax increases” but hardly a Waterloo moment. The most troubling result is the deficit and debt is still climbing. That is the next battle royale
Next, the political assessment of the key players.