U.S. Tax System Forces Corporations to Look Overseas

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 Anti-big-business rhetoric is alive and well in this presidential election year.
Of course Big Business works the halls of government to its advantage whenever it can. As do the lobbies for small business, unions, farmers, etc. But when it comes to creating a business climate where our internationally renowned businesses can succeed, the prestige of Big Business seems to be failing miserably.
The U.S. tax structure has created a situation where our major companies are looking to move to other counties in order to maintain viability in the world competition. To enhance shareholder value and remain competitive in this global economy some businesses have looked overseas to find partners that will “take them over” and move the headquarters to countries more friendly to business. This corporate move is called a tax inversion.
It is sad that the United States, a country that used to be a magnet for businesses to start, grow and prosper, has created such a byzantine tax and regulatory structure that some of our premier companies seek to leave our shores for better horizons.
Don’t blame “crony capitalism” or “Big Business control of government” for this problem Too many of our elected officials simply don’t understand the competitive world and how to create a business climate that will protect our workers and, at the same time, allow our industrial engines to succeed.
Recently Pfizer, one of our most respected corporate citizens, was planning to merge with an overseas competitor — its Irish counterpart, Allergan — and move to that country. This was to save billions of dollars in taxes and thus be able to survive in a more competitive world.
The U.S. Treasury Department decided to stop Pfizer by making it so terribly expensive to move out that Pfizer decided to stay here, at least for now. The Treasury “reinterpreted” laws and regulations in a heavy handed way, rather than taking actions to cut our corporate tax rate which is the highest in the industrial world.
Pfizer paid approximately $3.1 billion in taxes on its 2014 income at a rate of 25.5 percent. Ireland’s rate is about 17 percent. Under Ireland’s rate, the company would have increased its profits by just over $1 billion.
For a major company like Pfizer (nearly 80,000 employees), a $1 billion profit increase is a huge deal. The reason the gap is so large is the U.S. has the highest corporate tax rate in the developed world.
Our policy makers think that we can make our companies compete against overseas firms when our companies face a huge disadvantage in corporate taxes. Not only does this tax disadvantage encourage US companies to move overseas, but new corporations may well find better places to set up their headquarters rather than here in America – rather than in Virginia or any other state.
Here’s an idea that makes more sense than adding to the financial burdens of companies that want to move out from under our heavy tax burden: let’s lower our abnormally high corporate tax rate so that it’s at least more competitive to our worldwide competitors.
Had Pfizer moved to Ireland, its tens of thousands of U.S. employees would have continued to work in the U.S. and contribute to our economy by buying houses, cars, groceries, clothes, etc. – and paying taxes just as they do today. And the extra $1 billion in tax savings might well have allowed further expansion of that company thus employing more people.
Leading academic research has shown that these moves overseas can actually be better for the U.S. economy compared to the status quo.  Why so? Because if the corporation is stronger economically (a larger profit because it save significantly on its taxes), it can hire more people, invest in more research and development, and offer products at a more competitive price.
So stopping Pfizer or other companies from “corporate inversions” – the term used to describe a US company merging with an overseas competitor and moving out – is only government trying to stop the inevitable. If our tax code and regulatory stranglehold on companies continue, our businesses will find ways to move overseas in order to avoid the incredibly high tax rates and overly costly regulations imposed on our corporations today.
Tax cuts almost always create an expanding economy and in a few years even more tax revenue. The problem is that government allows its costs to rise even faster. Those who don’t understand how the world works or who believe government exists to tax businesses and people, blame the companies for seeking lower taxed “safer havens.” These bureaucrats and their allies in Congress raise taxes or build other roadblocks to profits – the life blood for any society.
For all the finger pointing at “Big Business” for its close relationship with government, has anyone asked why these corporate buddies in government can’t craft an economic climate that encourages companies to move to the United States rather than our companies seeking ways to move out?
Maybe Big Business isn’t so powerful after all. The real problem is Big Government and its allies in Congress. We wouldn’t have corporate tax inversions if US corporate tax rates were competitive with the rest of the world.
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North Virginia's Metro is Failing

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metro-logoHow bad is the Washington Metro rail system? So bad that only 84% of its trains ran on time, mainly due to poor maintenance. So bad that ridership declined 5% since 2010, even as transit ridership nationally was up. So bad that the system needs an extra $1.3 billion every year to invest in capital projects, and no one knows where the money will come from. The Metro rail system is so bad that even the Washington Post has perked up and taken notice.

The Metro rail system is arguably the most essential piece of transportation infrastructure in the Washington region, and it is engaged in a slow-motion train wreck. If the metro fails, the metropolitan transportation system seizes up and fails.

The Washington Post has detailed the Metro’s failings in a lengthy, front-page article, which shows that shows how deep-rooted the problems are. The original design flaw, write Robert McCartney and Paul Duggan, was the dysfunctional governance system that shares board appointments between Washington, D.C., Virginia, Maryland and the federal government. Responsibility is so divided that no one is held accountable, and nothing important gets done unless the District’s mayor and the governors in Annapolis an Richmond reach a consensus and push an issue forward.

Add to that the political bias toward expanding the Metro over properly maintaining it.

Board members … kept pushing for Metro to grow. The politicians who held the purse strings seemed happy to invest in laying new tracks and opening new stations, where they could tout development at opening ceremonies. But they cared less about spending for maintenance to prevent breakdowns years later, when they might no longer be in office.

In 2006 then-interim general manager Dan Tangherlini urged cost-reduction measures such as replacing short escalators with stairs, selling Metro’s headquarters building, and buying rail cars made from older designs. The board wasn’t interested. After nine months as a fill-in, Tangherlini did not get the top spot, the article says, “because Virginia representatives on the Metro board were worried that his interest in revitalizing existing subway lines would threaten the agency’s commitment to building the Silver Line.”

So, Virginia got its Silver Line to Tysons, but the quality of service is held captive to a dysfunctional organization. Astonishingly, the Silver Line, the newest in the system, is showing the second worst on-time performance of the six lines. According to data cited by the Post, Silver Line on-time performance in 2015 ran under 75%, dropping below 60% in October 2015.

Another original design flaw was a decision to build lines with two tracks, not four as in New York, with the result that crews sometimes must shut down lines to perform routine maintenance. Also consider the dysfunctional unionized workforce which adds to costs. The Post authors glide past union issues with relatively little comment in this article, but the Washington Times produced a devastating series of articles on the topic several years ago.

Bacon’s bottom line: The Metro is so critical to the functioning of the Washington region, including much of Northern Virginia, that it effectively holds the economy hostage. It is the transportation analogue to “Too Big to Fail.”

But no solution is in the offing. Raising the price of Metro tickets, which don’t come close to covering the cost of the service, is not a viable revenue-raising option when riders are already hacked off and inclined to abandon the system. Asking more money from state and local governments is sure to be contentious, especially in Virginia, if bailing out the commuter-rail system means short-changing other regions of funding for their own projects. Taxpayers are not likely to approve dumping more than $500 million a year extra into Metro, especially with no guarantee that the money won’t disappear into a black hole.

(This article first ran in Bacon’s Rebellion on April 26, 2016)

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Taking the Teeth Out of Federal HOV/HOT Performance Requirements

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HOV-lane-aheadIn the MAP-21 surface transportation reauthorization bill enacted in 2012, Congress required FHWA to actually start enforcing its standard for the performance of federally assisted HOV and HOT lanes. Specifically, that the average speed in such lanes during peak periods must exceed 45 mph at least 90% of the time during any 180-day period. State DOTs would thenceforth be required to take action within 180 days to remedy the failing status of such lanes by either: (1) increasing the HOV occupancy requirement, (2) increasing the toll rate (if it’s a HOT lane), or (3) adding lane capacity. In the December 2012 issue of this newsletter, I commended the new provision as “a gift from Congress for HOV and HOT lanes,” because the threat of sanctions would give state DOTs a defensible reason to do what they were reluctant to do on their own: increase the HOV occupancy requirement “because the feds made us do it.” This, I expected, would lead to a lot more HOV to HOT conversions.

Alas, political pressures from California politicians led to this sensible reform being watered down in last year’s FAST Act. Rep Grace Napolitano (D, Norwalk) argued for relief because 60% of the state’s HOV lanes were failing to meet the standard. To the best of my knowledge, FHWA had not actually imposed sanctions on any of them, but Caltrans was having to submit reports acknowledging the failures. Napolitano recruited two conservative Republicans, Reps. Ed Royce (R, Fullerton) and Ken Calvert (R, Corona), for an amendment last November to permit FHWA to waive enforcement of the standard. I’m told that earlier Napolitano proposals had called for removing the sanctions.

In the end, Congress did include a waiver of the compliance requirements. This may be done, on appeal by a state, if the DOT Secretary determines that “the waiver is in the best interest of the public, the public authority is meeting the conditions under subparagraph (D) [submitting a plan], and the public authority has made a good faith effort to improve the performance of the facility.”

Given that Congress sets the tone and calls the shots, I cannot imagine that FHWA will now feel free to impose sanctions that would lead to a state DOT increasing the HOV occupancy requirement, or pressing its legislature to limit or eliminate regulations that allow low-emission and energy-efficient vehicles to clog HOV and HOT lanes. This increases my pessimism that any of California’s three major metro areas will be able to achieve effective express toll lane networks. There’s not much point in converting overcrowded HOV-2 lanes to HOT if there is little or no room for toll-paying customers. Fortunately, most other state DOTs are proceeding far more sensibly on these questions.


(This article first ran in April’s
Surface Transportation Innovations)

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Coal Industry on the Rocks, Other Fossil Fuels Targeted

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epa vs coalThe great white environmentalist sharks smell blood in the water. It’s gushing from mortally wounded US coal companies that the Obama EPA has gutted as sacrifices on the altar of “dangerous man-made climate change” prevention and other spurious health, ecological and planetary scares.

Peabody Energy, Arch Coal, Alpha Resources and other once vibrant coal producers have filed for Chapter 11 protection, shedding some $30 billion in shareholder value and tens of thousands of jobs in their companies and dependent industries. The bloodletting has left communities and states reeling, union pension funds and 401k plans empty, and the health, welfare, hopes and dreams of countless families dashed on the rocks.

President Obama promised to bankrupt coal companies with punitive regulations, and he kept his word.

Hydraulic fracturing did play a role. It made natural gas abundant and inexpensive, and gas-fueled power plants increasingly attractive for utilities that were forced to shutter modern coal-fired units that provided reliable, affordable power, emitted little harmful pollution, and had years of useful life remaining.

However, as economist Stephen Moore noted, coal’s demise wasn’t “a result of free market creative destruction. This was a policy strategy by the White House and green groups. They wanted this to happen.”

“This was what EPA’s Clean Power Plan rules were all about,” Moore adds. “The EPA set standards that by design were impossible to meet, and even flouted the law that says the regs should be ‘commercially achievable.’ This was a key component of the climate change fanaticism that pervades this White House.”

To this president, the EPA and the Left in general, he concludes, “the families whose lives are ruined are collateral damage to achieve their utopian dream of saving the planet.” It’s a Climate Hustle.

40,000 elderly Europeans died this past winter, because they could no longer afford adequate wintertime heat, after EU climate policies sent electricity rates “necessarily skyrocketing” more than 40% since 1997. Millions die every year in Africa from lung, intestinal and other readily preventable diseases, while President Obama tells Africans they should forego fossil fuels and rely on wind, solar and biofuel power, because “if every one of you has got a car and … a big house, well, the planet will boil over.”

Meanwhile, Mr. Obama joined Chinese, Indian and other world leaders in signing the Paris climate treaty on Earth Day, ignoring the requirement for Senate ratification. The hypocrisy and insanity are boundless.
The treaty will obligate the United States and other developed nations to slash their fossil fuel use, carbon dioxide emissions and economic growth. China, India and other developing economies are under no such requirement, unless and until it is in their interest to do so. For them, compliance is voluntary – and it should be. They simply cannot afford to eliminate fuels that supply 85% of all global energy and are their ticket out of poverty and into the world of modern health and prosperity that we enjoy, thus far.
In fact, while unaccountable EPA bureaucrats are shutting down US coal-fired generators, these countries have built over 1,000 coal-fired power plants and plan to build 2,300 more – 1,400 gigawatts of new electricity. China and India account for 1,077 GW of this total. They are also lining up for free energy technology and billions of dollars a year from developed nations for climate change “reparations.”
That is why poor countries signed the Paris treaty. It has nothing to do with preventing climate change. But none of this has stopped the environmentalist sharks from starting a fossil fuels feeding frenzy. The bloodied American coal companies have them churning the water, chomping for more. They’ve launched a “keep it in the ground” movement, to make hydrocarbons off limits forever.
In fact, environmentalism is morphing into an anti-hydrocarbons climate movement that claims every weather event and climate blip is unprecedented, a harbinger of Armageddon – and caused by our using oil, gas and coal to power modern civilization and improve human health and living standards.
Drexel University sociologist Robert Brulle tallies 350.org and 20 other climate coalitions, comprised of 467 separate organizations, just in the USA. Funded and directed by Rockefeller and other wealthy liberal foundations, they increasingly rail against “dangerous manmade climate change” as an “existential threat” to humanity and planet.
President Obama is totally onboard. His policy and regulatory agenda confirms that. So are Hillary Clinton, Bernie Sanders and most of an increasingly far-Left Democrat Party.
Sanders flatly opposes all “fracking” and has introduced legislation to keep America’s abundant fossil fuels locked up in perpetuity. Clinton opposes all fossil fuel energy extraction from federal lands, wants to block fracking by imposing countless regulatory obstacles, and intends to make the United States 50% dependent on renewable energy by 2030. As president, they would achieve this by executive decree.
The consequences would be disastrous: enormous acreage, water, fertilizer, pesticides and fuel devoted to producing biofuel, millions of birds and bats butchered by wind turbines to generate electricity, millions of jobs lost, millions of families sent into fuel poverty as energy costs rocket upward. For what benefits?
The rest of the world will continue using hydrocarbons. That means, even assuming CO2 now drives Earth’s climate, ]implementing EPA’s draconian Clean Power Plan would keep average planetary temperatures from rising an undetectable 0.03 degrees Fahrenheit, and seas from rising an imperceptible 0.01 inches, by the end of the century. (Oceans have already risen 400 feet since the last ice age ended and all those mile-high glaciers melted.)  See CFACT’s Climate Hustle movie on Monday!

The “keep it in the ground” crowd doesn’t care about this or the mounting death tolls resulting from their anti-fossil fuel policies. The typical voter or street protester probably hasn’t thought it through. But the leaders have. They’re just callously indifferent. It’s one more depressing example of “the well-intentioned but ill-informed being led around by the ill-intentioned but well-informed.”

Politicians, environmentalists, alarmist scientists and renewable energy industrialists have built a $1.5-trillion-per-year Climate Crisis industry that gives them research grants, campaign cash, mandates, huge subsidies – and vast regulatory power to eliminate conventional energy; make electricity rates skyrocket; fundamentally transform economic systems; control lives, livelihoods, living standards and liberties; and redistribute the world’s wealth. Poor, minority and working class families will suffer most.

The ruling elites don’t care. They will do well, travel often, keep their pensions and get still wealthier. Climate rules, deprivation and “sustainability” are for the Little People.

This entire system is based on the unproven bald assertion that fossil fuels are causing dangerous and unprecedented weather and climate disruption … carbon dioxide has replaced the complex natural forces that drove drive climate change in previous centuries … there is no longer any room for debate over these “facts” … and the only issue still open to discussion is what to do to avert “imminent catastrophe.”
We “skeptics” challenge these claims. We point out that Earth’s temperature, climate and weather have always changed in response to powerful natural forces, and differ little today from what they have been for the past 50-150 years. We say the problem is not climate change, but policies imposed in the name of preventing climate change. We threaten the Climate Crisis Establishment, and its money and power.
That’s why they want to shut us up and shut us down – by prosecuting us for “racketeering,” and denying us our constitutional rights to speak out about policies that affect our lives. It is a disgraceful, un-American return to Inquisition tactics and fascist book burnings.

We must all take a stand, fight back and assert our rights. Otherwise, our children face a grim future.

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The Tax Rates of Wall Streeters and Steelworkers

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During a rousing speech in Pittsburgh on Labor Day, Joe Biden said:

“Why in God’s name should a man or woman working in a steel mill making $50,000 a year pay a higher [tax] rate than someone who makes tens of millions of dollars on Wall Street? … The tax code is not fair. It’s simply not fair. The wealthy aren’t paying their fair share.”

steel-workerThat statement, like similar claims, it is based upon incomplete measures of taxes. To determine overall tax rates, one must account for all taxes and all income. Yet, politicians, journalists, commentators, and “fact checkers” routinely flout this basic tenet of honest accounting.

With regard to federal taxes, the Congressional Budget Office (CBO) comes closer to the ideal of measuring all taxes and income than any other primary source of data on this subject. CBO accounts for nearly all income (such as wages, interest, capital gains, government benefits, and employer benefits) and 92% of all federal taxes (such as personal income, corporate income, payroll, capital gains, and excise). CBO does not account for the remaining 8% of taxes because it cannot reliably allocate them by income group.

CBO’s latest estimates of federal tax burdens are for 2013, and these show that households in the top 1% of income (averaging $1,453,000) paid an average effective tax rate of 33%. This figure reflects the actual taxes they paid; it is not a marginal tax rate that fails to account for exemptions or deductions. It is a real-world tax rate.

In comparison, households in the middle 20% of income (averaging $66,000) paid an average effective tax rate of 12%. In other words—contrary to Biden’s rhetoric—the upper 1% paid 2.7 times the tax rate of the middle 20%:

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What About Capital Gains?

Many claim that capital gains—a major source of income for wealthy investors—are taxed at much lower rates than ordinary wages. However, when all taxes are considered, the tax rates on wages and capital gains are in the same ballpark.

Although the highest federal capital gains tax rate on most capital gains is 20%, and the highest individual income tax rate is 39.6%, capital gains are often taxed twice, once at the corporate level and again at the personal level. As detailed in the Encyclopedia of Taxation and Tax Policy (and confirmed by the IRS, the Congressional Research Service (CRS), and the U.S. Joint Committee on Taxation):

Income that is earned by corporations in the United States is currently subject to two levels of tax.

Corporate profits are subject to the corporate income tax. When these profits are distributed to the shareholders who own the corporations, these distributions are also included in the shareholders’ taxable income. …

The capital gains tax on corporate stock can be viewed as an aspect of the double taxation of corporate income….

After accounting for corporate income and other taxes, an investor who makes a million dollars in capital gains during 2015 will pay an effective federal tax rate of about 35%, while a worker who earns a million dollars in wages will pay about 42%. These rates are based on simplifying assumptions and no personal itemized deductions, so they are not meant as absolute figures but relative ones.

Incidentally, the tax rate on capital gains would have been 41%—or within one percentage point of the tax rate on wages—were it not for extraordinary stock market gains relative to inflation over the past several years. These lucrative returns have been fueled in part by the Federal Reserve’s policies of low interest rates and quantitative easing.

Another way to understand athe nature of corporate taxes is to consider that the vast majorityof U.S. corporations are structured as “passthrough entities.” This means they are organized under tax laws that unite the business and personal finances of their owners. Each owner’s corporate income and personal income are combined on a single tax return and are subject to individual income taxes—not corporate income taxes. Federal law prohibits corporations with more than 100 owners from being structured in this manner, but nonetheless, the corporate income taxes they pay are borne by (1) owners in the form of decreased profits, (2) workers in the form of reduced wages, and (3) possibly customers in the form of higher prices.

In the respective words of CBO and CRS, “households also bear the burden of the taxes paid by businesses,” because “corporations are not persons who can bear the burden of taxes, but merely legal entities through which individuals earn income.”

In sum, corporations ultimately don’t pay taxes; they collect taxes from individuals and remit them to the government. This is why CBO and other authorities on tax distribution account for the burdens of corporate income taxes, corporate payroll taxes, and excise taxes when determining individual tax burdens. Once this is done, the tax rates on capital gains are roughly the same as the rates on wages.

Ironically, those who have published income-based tax comparisons that exclude corporate income taxes often make it a point to include corporate payroll taxes. This inconsistent methodology is behind misleading and oft-repeated claims that Warren Buffett pays a lower federal tax rate than his secretary and that Mitt Romney pays a lower federal tax rate than middle-income earners.

How About State and Local Taxes?

With regard to state and local taxes, CBO explains that their distribution by income is enigmatic and debatable:

Because of the complexity of estimating state and local taxes for individual households, this report considers federal taxes only. Researchers differ about whether state and local taxes are, on net, regressive, proportional, or slightly progressive, but most agree that state and local taxes are less progressive than federal taxes.

Given the fact that (1) federal tax rates climb sharply with income (2) state and local tax rates are too close to call in terms of their burden on differing income groups, (3) federal taxes are about twice as high as state and local taxes—Biden’s claim that middle-income earners pay a higher tax rate than high-income earners is not remotely plausible.

So how can the vice president of the United States utter such a blatant falsehood without the press holding him accountable? Because the press has been spreading the same fiction. A small sample of those who have done this includes the Washington Post, the Daily Beast, Newsmax, the Providence Journal, the New York Times, FactCheck.org, PolitiFact, CBS, and Agence France-Presse.

As a result of such disinformation, the public has become grossly deceived about this issue. For three consecutive years, a scientific, nationwide poll commissioned by Just Facts has found that about 80% of voters believe middle-income earners pay a higher average federal tax rate than the upper 1%. This includes 93% of Democratic voters, 71% of Republican voters, and 71% of third-party voters.

While a misinformed electorate may serve certain political agendas, it comes at a steep cost. In the words of John F. Kennedy, “only an educated and informed people will be a free people,” and “the ignorance of one voter in a democracy impairs the security of all.”


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