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Should the US adopt the Flat Tax Amendment?

Results so far:

Yes
60% 153 votes Total: 253 votes
No
40% 100 votes
Yes

The 28th Amendment to the United States Constitution shall read:
"The Internal Revenue Code shall be replaced with a Flat Tax. All taxes on profit-making business enterprises are abolished. A levy of 20% shall be applied to all individual income above a tax-free allowance to be set yearly by the Department of Labor. All deductions and credits previously in effect are abolished."

This proposed 28th Amendment will not repeal the 16th; the Internal Revenue Service will be preserved in a far lesser capacity as the tax collection arm of the federal government. The Federal Reserve System will also be preserved as custodians of the nation's money supply.

The purpose of this amendment is to simplify the payment and collection of individual federal income taxes, and abolish all federal taxes paid by business. A tax-free allowance will be determined yearly by the Department of Labor. Income below that figure will be exempt from federal income taxes. For income above that figure, an assessment of 20% will be applied. No other deductions or credits will be allowed. Federal tax forms will be replaced by a post card. Taxpayers will receive their post card and postage -paid envelope by February 1st of each year.

The proposed amendment must be approved by a 2/3 majority in the U. S. House and Senate, requiring approximately 284 votes in the House and 67 in the Senate. It would then be sent to each state legislature for debate, and would have to vote for approval. If 36 states vote in favor, the amendment would be added to the Constitution.

As for a timetable for approval, the longest period of time between Congressional approval and ratification by the states was for the 22nd Amendment on presidential term limits. It took four years. The 16th Amendment, endorsing an income tax and creating the Internal Revenue Service took about 3 years. The others have taken two years or less. The 26th Amendment lowering the voting age to 18 took only four months. I would anticipate this amendment would take no longer than two years.

Opposition to this proposed amendment would be fierce, mainly from those whose livelihoods depend on the current convoluted tax code. Tax lawyers wrote the code and are paid by individuals and businesses to interpret it to their advantages. Same with accountants, financial planners, investors, and tax preparation experts. Home builders and real estate salespeople depend on mortgage interest deductions as an additional tool to help them sell homes. Charities also depend on tax-exempt contributions from members. Government employees whose jobs would be eliminated would voice opposition, as would lobbying organizations whose efforts at securing various tax breaks for its clients would be rendered moot if business taxes were eliminated.

They would, no doubt, couch their opposition in altruistic terms. They would argue home buyers and contributors would lose an incentive to invest in their operations, and their members would suffer an economic loss as a result. Others, such as tax professionals, preparers, and government employees whose jobs would be eliminated would probably make a "restraint of traded" argument; that they were being artificially denied an opportunity to work in their chosen profession.

Proponents should make two persuasive arguments: freedom and the resulting economic impact. Freedom has always been a powerful motivation in political movements in this country. From our founding through the slavery debate, women's suffrage, and the struggle for civil rights, allowing an oppressed people the right to self-determination has been an emotional and unifying call-to-arms. The same arguments should be made in this debate. The tax code is at once oppressive, incomprehensible, and a drag on our national economy. Each taxpayer spends several hours each year gathering information, planning strategies, and filling our forms in order to pay the least taxes legally allowable.

Business owners often have to do it twice; once for themselves and once for their entities. Albert Einstein gave up doing his own taxes. The Nobel Prize-winning physicist and author of the Theory of Relativity found the tax system too complicated. Many, for various reasons, simply do not file returns and risk imprisonment for their inaction. If taxpayers did not have to spend time with voluminous paperwork trying to avoid paying taxes, they could use those efforts more positively, such as ways to make even more money. Because no tax would be payable until their incomes reached a certain level, poor people would have an incentive to work and provide a greater opportunity for themselves and their families. The usual arguments used by tax reform opponents, that reform helps the rich and hurts the poor, and a progressive system is needed for income redistribution, could be totally discredited. No tax would be due on income up to a certain level, then everyone would be assessed the same percentage on their income.

The economic impact of this reform is self-evident. Business owners would no longer spend time calculating the tax implications of a certain decision. They would be free to invest, expand their operations, and hire more employees. Individuals would have more money to save, invest and contribute to charities. Government coffers would be brimming with new money; although the marginal rate on wealthy taxpayers would decrease, revenues would increase because more money would be subject to tax. The "fairness" argument against reform would be thoroughly demolished.

Passage would be assured just by the sheer numbers of those would benefit from reform against those who would be hurt. We are, or would be, all taxpayers. We are not all lawyers, accountants, government bureaucrats or others dependent on the tax code for a living. In fact, lawyers and civil servants are among the least respected of all professions in the country. How much political influence would their criticisms have?

The constitutionality of the amendment question has already been decided many times before. The 16th Amendment has been prosecuted in federal courts since its inception in 1913. Tax protesters have never succeeded in their efforts to prove the tax system is illegal. This amendment leaves alone the settled issue of tax collection. It only proposes to change the method of that collection.

The debate would be one for the ages. But with so many more "winning" than "losing", the raw numbers point to quick and easy passage of the 28th Amendment.

Learn more about this author, David Hicks.
Contact this writer Click here to send this author comments or questions.

No

First, I am in favor of everyone paying the same tax rate on income above what is necessary to meet common domestic needs adequately. That being said, however, simply to impose a flat rate tax over the abominable tax structure that today afflicts the United States and virtually every other country on the face of the earth would be a disaster.

Every discussion of a flat rate tax takes as a given that only the progressive portion of the income tax would be changed to a single rate. The heavily regressive Social Security and Medicare tax would remain in place, a gross injustice by means of which the poor are taxed on the very first dollar they earn for redistribution among themselves. At the same time, individuals whose income is derived from non-wage sources not only escape the Social Security tax, but often pay a lower income tax on dividends and capital gains.

True, dividends and capital gains are taxed at the corporate level, being charges against post-tax corporate income, and this is unjust. Two injustices do not, however, cancel each other out; two wrongs do not make a right. A serious and fundamental reform is in order, but first we have to examine the justification for taxing non-wage income (dividends and capital gains) at more favorable rates than wage income.

The reason for taxing non-wage income at favorable rates is to encourage reinvestment of income derived from ownership. This is believed to be the source of job creation, which is the principle means by which most people gain their income. Without favorable treatment of such investment income, so the theory goes, there would be little or no new investment, no job creation, and thus most people would have no jobs and thus have no source of income.

The problem is that this belief is entirely false, even extraordinarily damaging to the process of capital formation and the general health of the economy! As Dr. Harold Moulton explained in his 1935 classic, "The Formation of Capital," it is much better to finance capital formation by extending bank credit rather than relying on existing accumulations of wealth - most of which is in the form of corporate retained earnings. The wealthy should not be reinvesting their income, but spending it, thereby increasing effective demand and spurring economic growth.

Using savings - essentially non-consumed income - to finance capital formation puts the cart before the horse. Moulton discovered that when consumption increases, investment in new capital follows. When consumption decreases, however, investments fail. Thus saving - which cuts consumption - causes the very capital being financed to be non-viable, and the economy is forced into a never-ending cycle of "boom and bust."

Proper use of the commercial banking system and the central bank (e.g., the Federal Reserve System) can supply sufficient financial capital to the economy without first having to save. There is saving going on, of course - Keynes was absolutely correct that savings must equal investment, and vice versa. He was wrong, however, in asserting (completely without proof!) that the savings had to take place before investment. It can take place after investment, a process called "future" or "forced" savings, which relies on the capacity of the very thing being financed to generate sufficient income to pay for itself, a concept accountants and finance professionals call "financial feasibility."

Using bank credit removes the need for the rich to save their income instead of spending it; as Adam Smith observed, the rich confer greater benefits on society by spending than they do by saving through the increase in effective demand. Removing the need for the savings of the rich from the economy thus removes the justification for giving favorable tax treatment to the rich in order to encourage them to save, e.g., a lower tax rate on dividends and capital gains.

That being the case, a properly structured single tax rate would be of great benefit to society - after some major reforms:

Since the justification for the labyrinthine tax structure in the United States is to effect capital formation through savings and redistribution when wage income proves inadequate, all capital formation should be financed with bank credit. To raise income levels without tampering with a market-determined wage rate, ownership of all new capital should be spread out by giving everyone democratic access to bank credit with which to purchase sound, financially feasible capital, usually in the form of corporate equity. Thus, the U.S. currency would change from being backed by government debt, to being backed by the hard assets of the economy. This would be better than gold, because gold by itself does not produce anything.

Merge Social Security and Medicare into the general tax rate so that the exemption applies.

So that the capital can pay for itself (and repay the bank loan used to purchase the capital), dividends should be tax deductible at the corporate level, and (to increase the tax base) taxed as ordinary income at the personal level. Without the need to retain earnings to finance capital, in fact, it would be counterproductive to retain earnings instead of paying them out; the corporate tax should be raised very high to encourage payout of tax deductible dividends and inflation-indexed capital gains.

All personal tax deductions for any purpose should be eliminated, as well as all individual tax credits. To make up for this, the personal exemption should be raised to a realistic level, sufficient to cover reasonable living expenses, including housing, health care, education, and so on. Currently, a realistic amount for an exemption for a non-dependent adult appears to be approximately $40,000, and for a dependent, $20,000. Anyone below this amount should be paid a version of Milton Friedman's "negative income tax" to bring them up to an adequate and secure income, and all entitlements - two-thirds of the $3 trillion federal budget! - eliminated.

One personal tax deferral must be permitted, up to, say, $1 million worth of income-generating assets that can be accumulated tax-free. Financed with bank credit extended democratically, with individual accounts professionally managed, this would allow the United States (and any other country adopting similar measures) to become a true "nation of owners." Taking the increased exemptions into account, the current level of government expenditure, and forbidding the socialist measure of the federal government borrowing any more money (the current deficit is, according to the "national debt clock" just under $10 trillion), a single rate tax would be in the neighborhood of 62.5%.

While this might sound shocking, people earning under the median income would pay no taxes of any kind. Nor would there be a tradeoff for those over the median until a non-dependent's personal income hit around $100,000. At that point, given the current tax structure, a self-employed individual with no dependents would pay approximately the same tax as under a $40,000 exemption and a 62.5% single rate tax on all income above $40,000. A "typical" family of mother, father, and two children would pay nothing until aggregate family income exceeded $120,000.

This is the basic reasoning underlying a proposal called, "Capital Homesteading for Every Citizen," from the book of the same title. The current crop of candidates for public office would do well to investigate this concept.

Learn more about this author, Michael Greaney.
Contact this writer Click here to send this author comments or questions.

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