A non-bogus conservative argument on taxes

Just because I go ballistic on people who claim that tax cuts increase tax receipts doesn’t mean I think the conservative case on taxes is wrong. In fact, I think people like Stephen Moore and Larry Kudlow are actually damaging that conservative case in a big way by spouting such obvious nonsense about the impact of changes in tax rates. So here’s an example, from Jim Manzi, of what I’d call a non-bogus conservative view on taxes:

[I]nternational competition is likely to become much more severe over the next several decades, and increasing economic efficiency will be a required to maintain American growth and the resulting standard of living. So, growing, not just maintaining, the incentives for work, risk and entrepreneurship need to remain central to the conservative project. As somebody who has been an entrepreneur for some time, it’s not clear to me that further reducing the top marginal income tax rate is nearly as important for encouraging this as is the capital gains tax rate plus tax simplification more generally. An advantage of focusing on capital gains is that it encourages an ever-broader slice of the electorate to become entrepreneurs, who tend to be natural conservatives, or at least become so as they manage a business. The information revolution, in ways we don’t yet fully understand, appears to be lowering efficient firm size. Focusing on gains to entrepreneurship as opposed to salary is one part of getting in front of the wave of a changing economy. One of the advantages of being out of power is that it becomes easier to champion reform proposals that hurt incumbents but help the country. Legislators like an excessively-complicated tax code because it allows them to sell tax breaks in return for campaign contributions. It is shocking how much deadweight cost this creates, and what a deterrent this is to small entrepreneurs, for whom tax compliance it is not just a cost of doing business, but a barrier to entry.

The argument about entrepreneurial income vs. salary is interesting. One of my concerns about having the capital gains rate so much lower than the top marginal income tax rate (it’s currently 15% vs. 35%) is that encourages lots of people to pretend to be entrepreneurs in order to get the lower rate. Manzi’s argument is that it encourages people to become entrepreneurs. And when you look at the controversial case of private equity partners and their carried interest, I guess you could say it’s a little bit of both.

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  • Tax Lawyer

    I go ballistic every time people say that low capital gains tax rates generate significant entrepeunership. First, over 90% of capital gains are mere speculation, money changing hands between two individuals rather than going directly to companies in original issues. Second, is one going to forego a lucrative investment in a stock because the tax rate is the same as ordinary income? Especially since bond or money market interest is taxed at ordinary rates? That would not be rational.

  • skyroach

    I understand that the capital gains rate needs to be internationally competitive to encourage investment in the US. The problem though, is the tax disparity between so called “entrepeuners” who pay the capital gains rate and ordinary wage earners, like me who pay the income tax rate. Why should an “entrepeuner” be rewarded with a lower tax rate than salaried individual, who may be making just as much contribution to the economy?

  • Harry Fox

    How does Manzi arrive at the conclusion that individual entrepreneurs will be bringing in capital gains versus ordinary income? If an entrepreneur starts a business that sells goods or services, the income generated by the business is ordinary income. The opportunity to get capital gains treatment comes only when the business is sold. An entrepreneur who plans to hold onto his business for the long term usually gets no incentive from lower capital gains tax rates.

    There are some kinds of ventures where the “product” being produced is classified as a capital asset and taxed at capital gains rates when sold, such as real estate development (build an apartment building, get it leased up, sell it to a passive investor) or private equity (buy a company, grow it, sell it or take it public). But that seems like a narrow subset of the entrepreneurship we would want to encourage.

    Lowering the capital gains rate does make it easier for entrepreneurs to find funding, but only if their pitch to the investors is “we’ll build this business (or apartment complex, or whatever), and then sell it to generate capital gains”. But it actually steers investors away from putting money into businesses that are expected to produce steady cash flow taxed at ordinary income rates, because capital-gains-generating investments look more attractive on an after-tax basis.

    I do agree with Manzi’s points about tax complexity being a dead weight on the economy, and about Congress keeping the tax code complex because it leads to campaign contributions. But a lot of the complexity I deal with every day as a tax lawyer stems from the fact that capital gains tax rates are lower than ordinary income rates. (OK, I’ll admit it – someone else’s dead weight is my source of income).

  • Harry Fox

    How does Manzi arrive at the conclusion that individual entrepreneurs will be bringing in capital gains versus ordinary income? If an entrepreneur starts a business that sells goods or services, the income generated by the business is ordinary income. The opportunity to get capital gains treatment comes only when the business is sold. An entrepreneur who plans to hold onto his business for the long term usually gets no incentive from lower capital gains tax rates.

    There are some kinds of ventures where the “product” being produced is classified as a capital asset and taxed at capital gains rates when sold, such as real estate development (build an apartment building, get it leased up, sell it to a passive investor) or private equity (buy a company, grow it, sell it or take it public). But that seems like a narrow subset of the entrepreneurship we would want to encourage.

    Lowering the capital gains rate does make it easier for entrepreneurs to find funding, but only if their pitch to the investors is “we’ll build this business (or apartment complex, or whatever), and then sell it to generate capital gains”. But it actually steers investors away from putting money into businesses that are expected to produce steady cash flow taxed at ordinary income rates, because capital-gains-generating investments look more attractive on an after-tax basis.

    I do agree with Manzi’s points about tax complexity being a dead weight on the economy, and about Congress keeping the tax code complex because it leads to campaign contributions. But a lot of the complexity I deal with every day as a tax lawyer stems from the fact that capital gains tax rates are lower than ordinary income rates. (OK, I’ll admit it – someone else’s dead weight is my source of income).

  • Realpolitiko

    Justin,
    As a non-economist, and a non-entrepreneur (also known as a “Working Joe”), I find it difficult to stomach any of these arguments.

    Cindy McCain just released her ’06 tax returns, and it seems that she paid roughly $1.7 million on $6 million in income. If my math is right, that’s about 28%. Meanwhile, a family that makes around $100,000 is paying 30% and up.

    You’re really going to tell me that tax structure is justified?

  • steveroth

    The problem with Manzi’s argument is that he–like every other supply-side writer–considers only the substitution effect, and acts as if the income effect doesn’t exist.

    I’ve shown how it exists in the mind and actions of one seven-figure entrepreneur–me–and explained the exact spreadsheet and method by which it exerts its influence.

    http://trueconservative.typepad.com/trueconservative/2005/12/you_deserve_it.html

    I can say with absolute certainty that one effect of higher taxes is to make entrepreneurs work harder and longer, and build their businesses bigger.

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