“2017 Tax Law: Impact on the Budget and American Families.”
Chairman Yarmuth, Ranking Member Womack, and distinguished members of the Committee, thank you for the opportunity to testify. I will first outline the fundamental flaws of the 2017 tax law: n1 1) it ignores the stagnation of working-class wages and exacerbates inequality; 2) it weakens revenues when the nation needs to raise more; and 3) it encourages rampant tax avoidance and gaming that will undermine the integrity of tax code. I will then explain in more detail how the 2017 tax law largely left behind low- and moderate-income Americans -- and in many ways hurts them. Finally, I explain how a restructuring of the law can fix these flaws.
The 2017 Tax Law's Three Fundamental Flaws Mean It Requires Fundamental Restructuring
1. It ignores the stagnation of working-class wages and exacerbates inequality.
Instead of focusing on the challenges of low- and moderate-income people, the 2017 tax law will boost the after-tax incomes of households in the top 1 percent by 2.9 percent by 2025, roughly three times the 1.0 percent gain for households in the bottom 60 percent, the Tax Policy Center (TPC) estimates. n2 The tax cuts that year will average
The tax law's tilt to the most well-off exacerbates racial inequities. Decades of policy choices put barriers to economic success in front of households of color, resulting in those households being overrepresented on the bottom rungs of the income ladder, while white households are overrepresented at the top. White families are three times more likely than Latino and Black families to be among the highest-income 1 percent of households. So, while the highest-income white households make up just 0.8 percent of all households, they receive 23.7 percent of the total tax cuts from the 2017 tax law, far more than the 13.8 percent that the bottom 60 percent of households of all races receives, the
The law's tilt to the top reflects several large provisions that primarily benefit the most well-off:
* Cutting corporate taxes. The 2017 tax law cuts the corporate tax rate from 35 to 21 percent and shifts toward a territorial tax system, in which multinational corporations' foreign profits largely no longer face
* A 20 percent deduction for pass-through income. The law effectively cuts the marginal individual tax rate on pass-through income (income from businesses such as partnerships, S corporations, and sole proprietorships that business owners claim on their individual tax returns) by one-fifth. The top 1 percent of households will get 61 percent of this tax cut on pass-through income in 2024, while the bottom two-thirds of households will see just 4 percent, according to JCT. n6
* Doubling the estate tax exemption. The law doubles the amount that the wealthiest households can pass on tax-free to their heirs, from
* Cutting individual income tax rates for those at the top. The law cuts the top individual income tax rate from 39.6 percent to 37 percent for married couples with over
History, empirical evidence, and how real wages have fared since
2. It weakens revenues at a time when the nation needs to raise more.
The new tax law will cost
Because of these pressures, CBPP and other analysts project that spending will need to rise as a percentage of gross domestic product (GDP), with most of the spending growth concentrated in a few programs --
3. It encourages rampant tax gaming and risks undermining the integrity of tax code.
True tax reform simplifies the tax code and narrows the gaps between how different types of income are taxed. The 2017 tax law does the opposite, adding complexity to the tax code and introducing new, arbitrary distinctions between different kinds of income. This means that the law has created lucrative new opportunities for the well-advised to try to game the tax code to avoid taxes -- including by lobbying to keep the regulations to implement the hastily enacted law as favorable for them as possible. Tax advisors and lobbyists are referring to the law as a "bonanza" and a "giant present to the tax lobbying community." n10
The creation and widespread abuse of tax shelters could cause the bill to lose even more revenue than current estimates of the law now show -- and is likely to increase income inequality even more, since tax avoidance is worth the most to wealthy individuals and profitable corporations, who also are best equipped to take advantage of those opportunities.
Examples of potential sheltering opportunities created by the 2017 tax law include:
* The law's 20 percent deduction for "pass-through" income. The deduction effectively means that certain pass-through income will face a lower tax rate than wages and salaries, creating an incentive for high-income individuals to reclassify their salaries as pass-through income. While the law has complex "guardrails" to try to prevent such abuse, they are poorly designed, and invite gaming by tax advisors. For reasons such as this,
The final regulations implementing the deduction have been shaped by heavy industry lobbying. n12 And the provision presents a boon for tax advisors, with one financial advisor telling a conference of such advisors: n13
This is, without a doubt, one of the biggest areas of planning that we can have under the new law. This is why, in large part, they should have just renamed the [2017 tax law] the tax professional, lawyer and financial advisor job security act of 2017.
The [pass-through] deduction leaves a gaping hole in the tax code, and the goal by the end of the presentation today is to make you guys the bus drivers, or the truck drivers, to drive right through that hole with your clients.
* A powerful incentive for wealthy Americans to shelter large amounts of income in corporations. The law creates a powerful incentive for wealthy Americans to shelter large amounts of income in corporations by slashing the corporate rate to 21 percent, far below the top individual tax rate of 40.8 percent (the new 37 percent top individual income tax rate plus the 3.8 percent Medicare payroll or net investment income tax rate). This will entice wealthy people to shield their labor or interest income from the top individual rate by setting up a corporation and reclassifying their income as corporate profits in order to pay the lower corporate rate.
These new tax avoidance opportunities threaten the integrity of the tax system, particularly coming when the
Law Does Relatively Little for Low- and Moderate-Income Americans -- and Hurts Many
I have just outlined the three fundamental flaws of the 2017 tax law. Let me now examine in more detail how the 2017 tax largely leaves behind low- and moderate-income Americans -- and indeed hurts many.
The 2017 tax law should have placed top priority on raising the living standards of low- and moderate-income households, given decades of stagnant working-class incomes and growing income inequality. The share after-tax income flowing to the bottom 60 percent fell by 3.8 percentage points between 1979 and 2015, while the share flowing to the top 1 percent rose by 5.6 percentage points. n15
And looking at the "working class" -- a racially and geographically diverse group often defined as families with working-age adults in which no one has a college degree -- real working-class median income rose by only about 3 percent from 1979 to 2015. n16
2017 Tax Law Largely Left Behind Low- and Moderate-Income People
The drafters of the 2017 tax law ignored key tools they could have used to raise living standards for low- and moderate-income people. The Child Tax Credit (CTC) and Earned Income Tax Credit (EITC) are provisions of the tax code that lift the living standards of millions of working families. A growing body of evidence also links income from these tax credits to better infant health, improved school performance, higher college enrollment, and projected increases in earnings in adulthood for children in families that receive them. n17 The 2017 tax law could have substantially helped low- and moderate-income households by boosting these tax credits in ways that would benefit them, but instead it:
1. Increased the CTC in a way that largely left behind millions of working families, while doing much more for high-income families. n18
The law increased the maximum CTC from
* 11 million children in low-income working families will receive just a token CTC increase of just
* Another 15 million children in low- and modest-income working families get a CTC increase of more than
* The largest CTC increases go to high-income families. The credit now begins to phase out for married couples making
This outcome was a deliberate choice by the law's drafters: negotiators agreed last-minute to a deeper cut in the top individual tax rate, but rejected calls to use that same funding source -- a slight reduction in the law's cut in the corporate tax rate -- to deliver more than a token CTC increase to 11 million children in low-income working families.
2. Ignored the Earned Income Tax Credit, a critical tool for boosting workers' incomes.
Stagnant working-class wages call for a strong policy response, and the EITC is well-designed to be at the forefront of addressing this challenge. It already lifts millions out of poverty and supplements the wages of a diverse group of working-class people who do needed jobs but receive relatively low pay, from truck drivers to cooks to home health aides. n19 And it can be strengthened to do more. But, despite former Speaker
Provisions That Hurt Many Low- and Moderate-Income Households
In addition to failing to address the economic challenges that low- and moderate-income people face, the 2017 tax law included provisions that will hurt many such households. For example, it:
1. Risks harming workers' wages and workplace standards due to its pass-through deduction. The law's 20 percent deduction for pass-through businesses is overwhelmingly tilted to the highest-income filers. My colleagues have also explained that the deduction may fuel a move towards "fissured workplaces," because it creates an incentive for firms to buy workers' services without employing them directly. n21 Examples include hiring workers as "independent contractors" instead of as employees, or by hiring workers through another firm (such as contracting out janitorial services to another firm). Workers employed in some of these fissured workplace arrangements tend to be paid less than workers that firms employ directly, extensive evidence shows.
2. Retains and creates incentives for companies to shift profits and investment offshore, which risks weakening workers' wages. The law moves
Ironically, during the 2016 presidential campaign, then-candidate
3. Leaves millions more people uninsured or facing higher premiums. The 2017 tax law repealed the Affordable Care Act's requirement that most people enroll in health insurance coverage or pay a penalty. In 2019 alone, eliminating that penalty will raise the number of uninsured by 4 million and raise premiums in the individual insurance market by about 10 percent, according to the
4. Erodes the EITC for millions of working-class households. The law uses a slower measure of inflation to adjust tax brackets and other tax provisions each year. Over time, this will raise taxes across the board. And for low- and moderate-income families, it means the maximum EITC will increase more slowly. By 2027, a married couple making
5. Ends the CTC for 1 million children -- overwhelmingly "Dreamers." The law ends the CTC for 1 million children lacking a
6. Adds
Further, even before adding
The Appendix provides for each state examples the impacts of the 2017 tax law that exemplify how it favors the most well-off instead of low- and moderate-income Americans. n28
Conclusion
To undo the damage caused by the 2017 tax law and meet national needs, lawmakers can craft meaningful tax reform that eliminates various loopholes, shelters, and gaming opportunities the tax code now contains, raises much-needed revenue, and is more favorable to working households with low or modest incomes. In heading towards this goal, lawmakers can keep in mind that:
* Only a basic restructuring of the 2017 tax law can fix its flaws, as they stem from the law's core provisions. For example, the corporate rate cut and the 20 percent deduction for pass-through businesses contribute to all three of the measure's major flaws: they worsen inequality by disproportionately benefiting the well-off; they lose significant revenue at a time when demographic and other pressures require federal revenue to rise; and they will likely encourage significant tax avoidance by creating major incentives for wealthy individuals to recharacterize their income in search of lower taxes. Minor tinkering cannot solve these problems.
* Improving the EITC and CTC should be top priorities of any restructuring effort. Building on the success of these credits for workers and families is a sound way to raising the living standards of the low- and moderate-income Americans who were largely overlooked by the 2017 tax law, and who have faced decades of economic challenges.
o As noted above, 15 million children in low-income working families received just a token CTC increase from the 2017 tax law, and 15 million children in low- and moderate-income working families were left out of the full increase. To fix these shortcomings and ensure that low- and moderate-income families are not left out, the CTC should be made fully refundable so that low- and moderate-income families receive the full
o In the EITC, a key priority should be fully extending the EITC's pro-work success to childless adults. In contrast to families with children, the EITC for workers not raising children in the home remains extremely small -- too small even to fully offset federal taxes for workers at the poverty line. As a result, low-wage workers not raising children are the sole group that the federal tax system taxes into, or deeper into, poverty. After helping childless workers, policymakers should further expand the EITC for families with children since the credit is well placed to feature in efforts to boost working-class Americans' incomes. A substantial EITC improvement for these families would help mitigate decades of working-class income stagnation.
* In the interim, any true "technical corrections" to fix drafting mistakes in the tax law cannot compound the flaws of the 2017 tax law itself -- and should instead start to fix them. For example, former Ways and Means Chairman
* Any budget deal should include adequate funding of the
Not only is restoring
When
n1 The law's official name is "Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018." It was originally titled the "Tax Cuts and Jobs Act" but that name was stricken from the bill. This testimony draws substantially on the following report:
n2 TPC Table T17-0314. 2025 is when the law will be fully phased in and is before many provisions in it are scheduled to expire. The distribution is roughly similar in Tax Policy Center tables for 2018. The law is even more tilted to the top in 2027, when most of the individual provisions expire.
n3 TPC estimates that in 2025, the top 1 percent will have after-tax incomes exceeding
n4
n5
n6 See
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n8 For more, see:
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n11 Daniel Shaviro, "Apparently income isn't just income any more," Start Making Sense,
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n15 The share of income going to the top 1 percent increased from 7.4 to 13.0 percent, while the share going to the bottom 60 percent fell from 36.3 to 32.5 percent. See:
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n18 "2017 Tax Law's Child Credit: A Token or Less-Than-Full Increase for 26 Million Kids in Working Families," CBPP,
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n26 Proponents of the law such as Treasury Secretary
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n28 A more detailed, interactive version of this Appendix can be found at: https://www.cbpp.org/federal-tax/fundamentally-flawed-2017-tax-law-largely-leaves-low-and-moderate-income-americans#mapEmbed.
n29
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n32 For OMB's calculation of the net savings derived from the proposed
Read this original document at: https://budget.house.gov/sites/democrats.budget.house.gov/files/documents/02.27.2019_Huang.pdf


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