| II. SPECIFIC TAX FEATURES As
noted on page 1 above, the question at issue is often
discussed with special reference to items like (a) upper
bracket personal sur-taxes, (b) loss carryover, (c)
averaging of income, (d) capital gains taxation, (e)
consolidated corporation returns, (f) taxation of
dividends, (g) corporation undistributed profits, capital
stock or excess profits taxation, (h) depreciation
allowances, (i) payroll taxes, and (j) sales and other
excise taxes. The following analysis will treat each of
these matters in turn, dealing with both the consumption
and the investment aspects of the national income
problem, but in general covering only such special points
as have not been given in Part I above.
(a) UPPER BRACKET PERSONAL SURTAXES. He there is some
conflict between tax reform designed to increase
immediate consumption and tax reform designed to increase
direct investment. The conflict may however be avoided in
part by cutting upper-bracket rates and making up the
revenue loss, not through increased consumption taxes,
but by increases somewhere in the $5,000 -- $10,000
brackets; at these levels, some, at least, of the
increased tax may still come out of funds that, on the
one hand, would not have been spent on consumption, but,
on the other hand, would not likely be available for
taking the considerable risks that attach to investment
opportunities that are "strategic" from the
point of view of the business cycle.
However, it may be doubted that substantial results in
increasing investment will be show by thus reducing these
upper- bracket taxes (a) unless they are reduced greatly,
say to a maximum of 50 per cent of the income in the top
bracket, or even less and, more important, (b) until they
have been kept at these low levels long enough, possibly
five or ten years, to convince investors that they are
permanent. Here is the conflict between long-term and
short- term policy noted in the preceding section. To
undertake any such program would probably necessitate,
for the near future, substantially heavier taxation of
the kind of income that would otherwise be spent for
consumption, and this shift in taxation might easily
contribute to depress business conditions over the short
term.
(b) LOSS CARRYOVERS. Allowance of loss carryover is
one of the cheapest ways, as concerns revenue, of
encouraging investment; much of the revenue loss does not
occur until the national income increases enough to give
profits, and such an increase will augment the tax
revenue in other parts of the system. It may be
questioned whether entrepreneurs are as deterred as they
should be, by the present failure to allow a loss
carryover for more than two years, but in theory at least
it is a decided barrier to any kind of industry that is
sensitive to the business cycle. As concerns the
individual tax on corporate investors, the transmutation
of corporation profits into dividends tends to average
the income somewhat as a carryover device should do.
Consequently it is the unincorporatecd concern of a type
that is sensitive to cyclical changes or that must
undergo an initial period of loss in developing. a new
product that would be affected the most.
The loss carryover has little, if any, direct effect
on consumption.
(c) AVERAGING OF INCOME. Averaging of income,
considered as a step beyond a loss carryover, undoubtedly
increases willingness to work in some special cases, such
as prize fighting, moving picture acting, etc., and the
Revenue Act of 1939 has been of importance in this
respect. The averaging device has still greater potential
importance in increasing willingness to invest; here it
would serve to put capital gains, especially, into lower
rate brackets than if they were simply entered as income
at 100 per cent with no averaging (the latter policy
which, however, is not now followed except for gains on
assets held eighteen months or less).
The averaging device probably has, if anything, a
slightly deterrent effect on consumption, since use of it
would necessitate a higher rate structure to yield the
same revenue, hence a higher tax on regular incomes,
which, being in general the smaller incomes, are likely
to contain in general a larger consumption element.
(d) CAPITAL GAINS TAXATION. The inclusion of capital
gains in the income tax base affects consumption
somewhat, since an appreciable part of stock market
winnings seems to be spent fairly soon, but the more
important effect is on investment. Here much depends on
(1) the particular technique used in the taxing of gains
and (2) the prospects for change in the law. The present
Federal law must have little, if any, effect on
investments made for more than two years; the maximum
rate applicable to a capital gain from the sale of a
share of stock or other capital asset held more than two
years is only 15 per cent. In contrast, income from
interest, dividends, or salary is taxable at progressive
rates that reach a maximum of 79 per cent.
For shorter periods, higher rates apply to capital
gains, but these short period gains are probably not of
much consequence to the economy at large except in a few
cases -- e.g. apartment house building, where the
original promoter commonly sells out as soon as the
building is completed.
The extent to which capital losses are allowed as a
deduction is important with respect to incentive to
invest. At present the loss deductions are restricted
considerably, and are probably exercising an important
deterrent effect on new investment in unincorporated,
risky enterprises. A more satisfactory situation would be
reached by allowing more or less full deduction of
capital losses in one way or another, and raising the
rates on capital gains, which seem to be far too low in
proportion to the rest of the income tax rate structure.
However, some concession in rate is needed because
capital gains tend to be irregular, and hence, in a
progressive rate system, to pay more tax than a regular
annual income of the same total amount over several years
(an averaging device (see (c) above) would be helpful
here). Moreover, it is probable that, in general terms, a
lowering of the rate on gains is a more effective
stimulant to investment than a liberalizing of deduction
for losses. The point of this paragraph is that the rate
lowering seems to have gone to extraordinary lengths
compared with the loss allowances.
Such retarding effect as the treatment of capital
gains and losses exercises on investment is likely to be
felt most severely in new, speculative businesses, when,
as noted above, the original investor often expects to
receive his reward by selling out when the concern has
matured. If, however, it is desired to promote such
ventures, a specially low rate of tax on capital gains is
apt to be a somewhat wasteful method, since it also loses
revenue from stock market speculations and other ventures
having less -- or no -- influence in increasing national
income (at least over the long run).
(e) CONSOLIDATING CORPORATION RETURNS. Although this
question is important from many points of view, including
the effect on corporate structure and the fairness with
which the tax burden is distributed, it probably has
relatively little effect on the volume of the national
income. To some extent the refusal to allow consolidated
returns deters investment, since it is another example
(see (b) and (d) above) of refusing to allow losses to be
set off against gains, but it is of importance only to
the larger concerns, particularly those that like to
restrict the effect of losses in new ventures by starting
these ventures through separately incorporated
subsidiaries. Otherwise, the effects of refusing to allow
consolidated returns can to some extent be avoided by
consolidating subsidiaries in lieu of consolidating the
subsidiaries' returns.
(f) TAXATION OF DIVIDENDS. Although corporate profits
are taxed at about 17 per cent on the average (Federal
corporation net income tax) and although corporations pay
capital stock and "excess profits" taxes that
unincorporated concerns do not pay, so much of the
corporation's profits as are paid out to individuals in
dividends are taxed at the full individual rate just the
same as income from interest, profits of unincorporated
enterprises, rentals, salaries, etc. Moreover, dividends
received by corporations are exempt only to 85 per cent.
Allowances for small corporations less en these
differences somewhat but the genial effect is a
substantial penalty against the corporate form so far as
small investors are concerned and against the use of
stock (especially preferred stock) rather than bonds or
other fords of debt. The use of the corporate form for
very small businesses is made extremely difficult.
Whether the mere fact of discrimination decreases the
national income in total is not clear. Removal of
discrimination by partially untaxing dividends and making
up the loss by increasing individual rates, for instance,
might well have no appreciable net effect on either
investment or consumption. Moreover, the discrimination
is not so great as it might seem; the corporation's
ability to keep earnings away from the individual surtax
for a long time (sometimes forever) -- the problem of
undistributed profits taxation -- counteracts to some
extent the retarding effect exercised by such difference
in tax treatment.
The present degree of inter corporate dividend
taxation is probably not serious enough to check
materially the national income.
One factor to watch is the investment trust situation.
Any further discrimination against dividend income is
likely to react seriously against the general type of
investment trust (as contrasted with the open-end
Massachusetts type, which is given special treatment),
and such reaction may have adverse repercussions on the
market for securities of new enterprises.
On the whole, however, the readjustment of the
taxation of dividends, clearly needed, is a matter of
avoiding obvious unfairness and possibly undesired
effects on type of corporate financing, rather than of
increasing the national income.
(g) CORPORATION UNDISTRIBUTED PROFITS CAPITAL STOCK OR
EXCESS PROFITS TAXATION. The undistributed profits tax as
amended in the 1938 Act was so small that it presumably
had no appreciable effect on either consumption or
investment.
An undistributed profits tax as substantial as that of
the 1936 law does, on the other hand, have important
effects on the national income. However, some effects are
in one direction, some in another, and whether they
almost cancel out is a question that cannot be answered
satisfactorily without further study.
So far as the tax does not force distribution of
profits, it has most of the effects of an ordinary
corporation income tax; so far as it does force them, it
probably increases the national income somewhat over the
short period, since some part of the distributed profits
is spent on consumption, and such investment as would
have been made directly with the profits can in large
part be made through the banking system or even bar
getting back some of the distributed money. There will
surely be some cases, however, where the short-term
national income is lessened -- e.g., a hard-pressed
concern that must contract its activities if it loses
much of its cash, owned in part by well-to-do individuals
who hoard the dividend money. So far as the distribution
can be made in taxable "tickets" -- stock
dividends of certain types, scrip, etc. -- the
undistributed profits tax probably has somewhat less
effect on national income than if the distribution were
in cash, if we may assume that investors are less apt to
spend stock dividends, etc., than cash dividends.
Over the long term the effects are much more
uncertain. A severe undistributed profits tax probably
hinders the growth of medium-sized corporations (too
large to count on cooperation by the stockholders to
reinvest the dividend money, and too small to appeal to
the capital market or get term loans from banks), but
this effect may be counterbalanced in part by a
larger-than-otherwise growth of big corporations and an
increase in the number of small corporations. There is
the further question of whether, investments made without
passing the test of the capital market -- that is, made
simply by using accumulated earnings -- tend to be more
or less successful in increasing the national income than
other investments. Until much more study has been given
to these long-term phases of the problem, even a
tentative answer can scarcely be formulated.
The capital stock tax is not large enough to have an
important effect on national income. It may decrease
dividends payments, and hence to some extent consumption.
Linked as it is with the "excess profits" tax,
it is something like a tax on net income or output, with
a corresponding retarding effect on investment. The fact
that the tax encourages the raising of capital by
borrowing instead of issuing stock has probably no
important effect on national income, at least at the
present level of the tax.
The so-called excess profits tax, low in rate and not
directly effective in practice, because of its link with
the capital stock tax, can be disregarded in the present
discussion. A true excess profits tax with a substantial
rate would require extensive analysis.
(h) DEPRECIATION ALLOWANCES. presumably the question
at issue here is not whether full allowance will be given
for depreciation by the time the asset is scrapped (this
principle seems too well settled to be discussed here)
but how the allowance shall be distributed over time --
or possibly whether sore part of the allowance shall be
transmitted into a capital loss (upon the scrapping of
the asset). Since a carryover of loss has been allowed
(see (b) above) by the Revenue Act of 1939, the question
here loses most of its importance. Since the carryover is
somewhat restricted, however, depreciation might be
allowed "in excess" in years of profit and
correspondingly restricted in years of loss. The effect
on investment would probably be such as the effect of a
loss carryover, though in milder form, and concentrated
in heavy industry fields where depreciation is an
important cost factor. The direct effect on consumption
would scarcely be appreciable.
Excessive depreciation in the early life of the asset,
counter- balanced by inadequate depreciation in its later
life, might have a mildly encouraging effect in a few
cases.
If the question is one of allowing depreciation to an
aggregate in excess of the cost or other basis, it raises
fundamental issues of subsidy through tax relief and
involves consideration of subsidies to other than capital
costs -- e. g,., is there more or less benefit to be
derived from giving the subsidy for labor costs (allowing
a deduction of, not merely 100 per cent, but, say 150 per
cent, of wages paid) than for depreciation?
(i) PAYROLL TAXES. So far as the payroll taxes are a
direct burden on employees, they doubtless restrict
consumption almost to the full extent of the tax, but
correspondingly have little direct effect on investment.
So far as they do not rest on employees, they are a form
of margin tax and hence tend to restrict expansion of
production and thus investment, except, possibly, for a
special counteracting effect in promoting investment in
machinery. On balance, such part of the tax as rests on
employers probably does not retard investment appreciably
at present rate levels, although so little has been
discovered as yet about the effects of this tax that such
a statement is of highly uncertain value. Thus, the chief
short- term concern over the present payroll taxes'
effect on national income may reasonably center on the
consumption aspect.
(j) SALES AND OTHER EXCISE TAXES. The general effect
of sales taxes, excises, and other taxes that vary
directly and proportionately with the volume of business
has been discussed above.
It might be possible to discover which of the taxed
industries are already utilizing plant at nearly full
capacity and which are not; if the former were given tax
relief, any resulting increase in demand might bring
important short-run tertiary effects in investment in
plant and equipment, While this result could not be
anticipated in other industries.
Likewise, it might be possible (though this is highly
doubtful) to ascertain in which of the taxed industries
the factors of production would be most likely to respond
quickly most of the increased income they would get if
demand increased as a result of lowering the tax -- in
other words, where the potential secondary effects are
greatest.
(k) ESTATE AND GIFT TAXES. Although these taxes are
not specifically mentioned in the question, attention is
called to them here because of the likelihood that of all
the important taxes available, they have the smallest
retarding effect on national income through consumption
and investment. Over the very long term at very high
rates they might conceivably create a disadvantageous
shortage of capital funds, but that danger seems so
remote at present as to deserve little consideration.
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