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Showing posts with label taxation. Show all posts
Showing posts with label taxation. Show all posts

Wednesday, May 16, 2012

Tax Legislation Expires

Story first appeared in The Wall Street Journal.
Nine years ago this month Congress passed Bush's Jobs and Growth Tax Relief Reconciliation Act. That bill's lower rates on capital, as well as the continuity in tax policy it established, have helped make our economy far more resilient.

The legislation's centerpiece was a reduction in the taxation of dividends and capital gains to 15%. Unfortunately, the 2003 tax rates, including those on capital income, are due to expire at the end of the year.

Capital warrants special tax treatment because of the central role it plays in generating economic growth and jobs. Capital is the very lifeblood of the market economy, the mainstay of innovation, and the foundation for future prosperity. As more of it is put to work today, labor output and wages will rise tomorrow. An appreciation of that critical relationship should guide how the tax system treats earnings from capital.

The double taxation of dividends—with corporate earnings first taxed 35% at the corporate level and then, when paid out to shareholders, taxed again—has been a long-standing and well-recognized distortion in the tax code. It favors debt financing over equity capital formation, because interest is deducted as a cost of doing business and lowers taxable income, while dividends are taxed twice.

The preference for debt financing and leverage shortchanges shareholders and is not healthy for corporate decision-making. Double taxation penalizes dividend payments and discourages managements from making them, according to Washington DC Corporate Lawyers.

Congress did not eliminate the double taxation of dividends in 2003, but it substantially ameliorated the distortion. Dividends are now taxed at 15%, rather than the typically higher income-tax rates paid by shareholders. Importantly, the 15% tax rate was applied to capital gains as well. Capital gains previously had been taxed at 20% with special rates for assets held five years or longer. This symmetry between dividends and capital gains harmonized and simplified the regime for the taxation of capital and still stands today as a key achievement in modern tax policy.

Corporations responded to the lower rates on dividends by paying out more of their profits, which raises the returns to those holding stock and thus increases equity prices. Both trends strengthen Americans' retirement savings. As recent actions by Google, Apple and scores of other companies attest, corporations today find it more difficult to sit on cash instead of rewarding shareholders with dividend payouts.

Indianapolis Corporate Lawyers feel that with the expiration of the 2003 tax law at the end of this year, taxes—not only on capital earnings but also on ordinary incomes—will return to the much higher levels that previously existed.

This would be devastating to the fragile economic recovery, and to every American still looking for work. Combined with the expiration of temporary payroll tax relief, the United States faces what has now been labeled "taxmageddon"—a fiscal headwind so strong that it threatens a swift return to recession.

What seems to be lacking is a clear path to the future. Here are some suggestions for policy makers.

First, remember the principle that you always get less of anything you tax. For this reason, society discourages undesirable activities by imposing so-called "sin" taxes. By the same token, high marginal tax rates discourage work, risk-taking and capital formation.

Second, tax rates should be held as low as possible, consistent with maintaining fiscal balance. Low tax rates are not in conflict with fiscal sanity if the rate of government spending as a fraction of gross domestic product is reduced, or if the tax base is broadened with more fundamental tax reforms. It is encouraging to see so much interest gathering in support of changes to the tax code that would scrap many special tax breaks in favor of deeply lower marginal tax rates.

Third, St. Louis Corporate Lawyers state that marginal tax rates should be as neutral as possible across different types of economic activities. Otherwise the tax code distorts behavior in ways that sap economic strength, as market participants rely less on market price signals and more on government commands to decide how economic resources are used. Social engineering through the tax code comes at a very high cost.

Finally, policy makers should remember to "do no harm." A reversion to the kind of drastically higher marginal tax rates that existed in the past would be bad enough. It would only add insult to injury to use the economic crisis as an excuse to raise the tax burden on capital formation and thus reduce the lifeblood of America's job creators.

Unfortunately, we face that real prospect, as prominent proposals by the administration would triple the top dividend tax rate to nearly 45%, while doubling the top rate on capital gains to 30%. If one intended to cripple job creation, depress stock prices, and lower the value of retirement savings for working Americans, these proposals would be just what we should choose.


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Tuesday, April 17, 2012

Texas Oil & Gas Process in Sales Tax Debate

Story first appeared in the Wall Street Journal

A Texas court ruling classifying drilling for oil and gas as a manufacturing process would cost the state up to $4.4 billion in revenue, its comptroller has warned.

In a hearing in Austin last week, the Travis County District Judge said he would side with Southwest Royalties Inc. in its dispute with the comptroller over whether metal pipes and other equipment used in creating oil and gas wells should be exempt from state sales tax. The judge hasn't yet issued a written decision.

Southwest, which filed the suit in 2009, argued that bringing oil and gas out of the ground fundamentally changes it and so should be considered a manufacturing process, according to court filings, and thus subject to an existing sales-tax exemption for manufacturing equipment.

The state argued that the pipes used for well casings don't change the oil or gas, and that Texas lawmakers didn't intend for energy producers to be classified as manufacturers.

Southwest is seeking $960 million in tax rebates, according to Tax Lawyers in Corpus Christi. The comptroller's office puts the eventual cost of the ruling much higher. Exempting the extraction equipment of all the oil and gas companies in the state from the sales tax would require the state to rebate $2 billion plus interest for the past four years and other time periods, and cost it $2.4 billion in future tax revenues through 2017, according to the analysis.

The decision would change 50 years of tax policy.

Southwest Royalties is a wholly owned subsidiary of Clayton Williams Energy Inc., of Midland, which is run by onetime Republican gubernatorial candidate Clayton Williams. A spokesman for Clayton Williams Energy declined to comment.

The executive vice president of the Texas Oil and Gas Association, said in a statement that many in the industry were surprised by the ruling, and stressed that the trade group didn't take part in the case.

There may be potential implications of this decision to the companies, the state of Texas and local taxing entities.

The trade group said the state's oil-and-gas industry paid $7.8 billion in state and local taxes in 2011.

When Texas lawmakers last met, in early 2011, the state faced a $27 billion deficit for the current two-year fiscal period, which it closed through deep cuts in services, including $4 billion in education spending, and some accounting adjustments. In the past year, the state's fiscal outlook has improved, along with the rest of the U.S. economy, but Texas is expected to face more budget cuts when the legislature meets again next year.

The final impact of the ruling may not be known for some time. The judge asked lawyers for Southwest to write up a draft ruling that he would circulate among the parties for review.


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