The poor unloved estate tax. It gets no respect and I don’t understand why. Flexo at Consumerism Commentary posted an article about Warren Buffett’s recent testimony before Congress on the subject. Buffett urged the Senators not to repeal the estate tax. I agree wholeheartedly (and not just because doing so puts me on Warren Buffett’s team).
Estate tax explained
The estate tax has to be the most maligned, misunderstood part of the IRS code. Critics call it the ‘death tax’ in an effort to generate popular support for its repeal. But the phrase ‘death tax’ is way misleading.
‘Death tax’ is misleading because virtually no one in America has to pay the estate tax. According to the IRS’s own data, in 2005 less than 1% of estates pay any taxes at all. The more proper term for this tax is the inheritance tax.
The estate tax is applicable when an individual leaves assets in excess of $2M (going up to $3.5M in 2009). Almost no one in the U.S. leaves that kind of money when they die.
Losing the family farm or small business
‘But what about the small business or family farm owner?’ people will ask. This classic line of attack on the estate tax goes something like this. When an owner of a family farm dies, his or her heirs will have to sell the farm just to pay the taxes on it. They’ll lose the farm!
This, in a word, is crap. The American Farm Bureau, a pro-repeal, pro-farm lobbying organization has never found a single example of this happening. Not one. Maybe a reason is because few farms reach the $2.0M threshold and of those that do, most have
liquid assets available to pay the tax. Or maybe it’s that if the heirs agree to actually work the farm for 10 years, they get a $4.1M pass.
The family farm big enough to be heavily taxed by the estate tax is a myth.
So what about small businesses? Here again, hardly any are big enough to be affected by the tax. Only 4% of small businesses are bigger than $3.5M.
Some more objections punctured
- It’s double taxation. It’s not double taxation. Think about it - the gains in small businesses and family farms are unrealized gains. They’ve not yet been taxed.
- The tax rates are unreasonable. It’s true that the top estate tax rate is 48%. The problem with this line of thinking, though, is that marginal rates don’t mean very much. If you’re in the 25% tax bracket, does it mean all of your income is taxed at 25%? No, it doesn’t (see this great explanation of effective tax rates from NCN). So even if an estate does pay estate tax, the true percentage paid is much, much lower than 48%. In fact, according to the latest IRS data available, of those estates having to pay any tax, the percentage paid averaged 20%.
- It punishes success. I disagree. What it does is tax those most able to pay. It’s probably the most progressive tax in the IRS code. It only punishes success in the same way capital gains tax punishes stock market success - if you make money, you have to pay a small percentage in taxes. As Flexo says, “File this under the category of ‘problems I’d like to have one day.’”
- It will discourage investment (especially in small businesses). Let’s get real. I’d be willing to bet the estate tax consequences have never entered the mind of an entrepreneur considering starting a business. It simply makes no sense that someone would forgo gaining personal wealth because at some future time, their estate will be taxed.
No repeal
It simply boggles my mind that someone other than the handful of people actually subject to this tax would be in favor of its repeal. The estate tax brings in real revenue. When it is temporarily repealed in 2010, the federal budget will lose $56B.
There are only three ways to plug a $56B hole in a budget. You can
- raise other taxes,
- cut services,
- or borrow the money
Borrowing the money just worsens the already criminally large deficit being left to future generations to clean up. Raising other taxes must, by definition, affect more people (read you and me) than the estate tax. Or we could cut government programs - who’d like to suggest one?
If you’re in favor of the estate tax, you must either be in favor of higher deficits, higher taxes, or cutting government services.
The simple fact is the estate tax provides money for the nation from those in the best position to provide it. Incidentally, those are the very people who received so much from that nation.
Our tax system is far from perfect (or even good). But repealing arguably the most progressive tax in the code is insane.
Sources:
OMB Watch
Center for Budget and Policy Priorities
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