Capital Formation Newsletter
January-February 2001, Vol. 26, No. 1
ACCF Urges Enactment of Presidents
Tax Cut Proposal
Comparison of Estate Tax Plans
ACCF Congratulates Dr. R. Glenn Hubbard
ACCF in the News
ACCF Urges Enactment of
Presidents Tax Cut Proposal
The American Council for Capital Formation supports President
Bushs tax cut proposal and urges enactment of the measure
by Congress.
The Presidents proposal is to be commended on all provisions:
a long-overdue reduction in U.S. taxpayer burdens through across-the-board
and equitable cuts in individual marginal tax rates, but with special,
generous reductions for lower-income Americans; elimination of the
archaic and unfair death tax which taxes income already
taxed and therefore hampers growth-inducing capital formation; a
permanent extension of the research and development tax credit;
and other fairness provisions, some of which have already
passed Congress only to be vetoed by former President Clinton.
One of the pillars of President Bushs campaign proposalestate
tax repealis an important capital formation initiative. Treasury
Secretary Paul H. ONeill, in his written statement before
the House Ways and Means Committee on February 8, said: Government
has no business confiscating the legacy parents work their entire
lives to build for their children. The Administration is recommending
a phase-in of estate tax repeal, but has demonstrated some flexibility
on this issue. Lawrence Lindsey, President Bushs chief
economic adviser, was recently quoted as saying that the president
wants to see his approach adopted but is leaving the structure of
repeal up to the Congress. He has told the [Congressional] leadership,
You guys make the sausage, I just brought the meat and the
spice.
Congressional Estate Tax Repeal Measures
What is expected to be the Presidents recommendation for
a phase-out of the death (estate) tax was first introduced
in a bipartisan fashion on January 22 by Senators Phil Gramm
(R-TX) and Zell Miller (D-GA) as The Tax Cut With
a Purpose Act of 2001 (S. 35). Representatives Jennifer
Dunn (R-WA) and John Tanner (D-TN) are expected to introduce
The Death Tax Elimination Act of 2001, which phases
out estate, gift, and generation-skipping taxes beginning in 2001,
leading to full repeal in 2010.
On February 7, Senator Jon Kyl (R-AZ) together with several
Senate Finance Committee members as original co-sponsors, including
Senators John Breaux (D-LA), Blanche Lincoln (D-AR), and
Phil Gramm (R-TX), introduced The Estate Tax Elimination
Act of 2001 (S. 275), which provides for immediate repeal
of the estate tax. The bill continues step-up in basis
for estates smaller than $2.8 million per individual ($5.6 million
per couple) and eliminates step-up for estates greater
than $2.8 million per individual ($5.6 million per couple).
Legislation representing the views of the congressional Democratic
leadership was introduced on January 22 by Senate Democratic
Leader Thomas Daschle (SD) as The Working Family Tax Relief
Act of 2001 (S. 9). This measure is limited to increasing
the unified credit and increasing the qualified family-owned
business interest or a small business/family farm carve-out.
Other estate tax reform or repeal legislation has been introduced,
but the aforementioned are the principal concepts that will be on
the table. See a side-by-side comparison
of these proposals. (For an update on current legislation or
additional background, please contact the ACCF.)
Pro-Capital Formation Initiatives
The ACCF has historically been supportive of measures that reduce
the bias in the tax system against saving and investment. Therefore,
at the earliest time possible consistent with our support of the
Presidents tax plan, the ACCF urges Congress to consider a
three-part capital formation initiative.
- Pension Reform and IRA Liberalization
The American Council for Capital Formation commends Representatives
Rob Portman (R-OH) and Ben Cardin (D-MD) who plan to
reintroduce their Comprehensive Retirement Security and
Pension Reform Act in the 107th Congress. This measure,
designed to expand retirement saving opportunities for millions
of workers, was the leading pro-saving initiative in the 106th
Congress.
ACCF research and that of others shows that too many Americans
are not saving enough for a secure retirement. The Portman-Cardin
bill contains a number of provisions designed to address the saving
gap, including increasing the limits on contributions to Individual
Retirement Accounts, allowing increased portability, and making
numerous other pension reforms aimed at simplifying pension rules
and reducing red tape. (For a discussion of the need for retirement
saving reform, see Stretching
the Pension Dollar: Improving U.S. Retirement Security and National
Saving by Enhancing Employer-Based Pension Plans, [172k
PDF] prepared for the American Council for Capital Formation and
the American Benefits Council by Sylvester J. Schieber
and his colleagues at Watson Wyatt Worldwide.)
The Portman-Cardin measure has attracted 209 cosponsors as of
February 27, including 125 Republicans, 83 Democrats, and 1 independent.
- Reduction in Corporate Tax Burden
To reduce the ultra-high U.S. taxation of productive business
investment and thus enhance this nations international competitiveness,
ACCF is developing an innovative choice proposal that
includes a 10-point cut in the corporate income tax rate (from
35 to 25 percent) phased in over three years; or, at the choice
of the taxpayer, accelerated capital cost recovery
(e.g., accelerated business depreciation) in the amount of the
foregone rate cut. This would be the first corporate rate cut
since 1986 and the first overall reduction in the business tax
burden since 1981. The choice option would appeal
to both capital-intensive companies and non-capital intensive
companies. All profitable companies would enjoy lower tax burdens
that would help ameliorate current recessionary pressures and
foster international competitiveness. Jobs and growth would tend
to benefit.
- Amelioration of Taxes on U.S.-Based Multinational Corporations
Consideration should be given to lightening the taxation of the
foreign source income of U.S.-based multinational corporations
to ensure a level playing field for them compared
to U.S. trading partners. For example, the phase-in of a territorial
income tax, which confines all income taxes paid to income generated
in the home country (although the company would still, as at present,
pay taxes abroad on profits earned abroad), is one such approach.
Another approach would be to reform various provisions in current
law by liberalizing the foreign tax credit and interest allocation
rules, and to reevaluate whether Subpart F is obsolete in the
light of changes in global trade patterns.
The economic analysis arm of the American Council for Capital Formation,
the ACCF Center for Policy Research, has underway several research
projects on the impact of these proposals on GDP, jobs, capital
costs, and federal revenues. For more information, please contact
ACCF.
Comparison of Estate Tax Plans
Present Law
A gift tax is imposed on lifetime transfers and an estate tax is
imposed on transfers at death. The gift tax and the estate tax are
unified so that a single graduated rate schedule applies to cumulative
taxable transfers made by a taxpayer during his or her lifetime
and at death. The unified estate and gift tax rates begin at 18
percent on the first $10,000 in cumulative taxable transfers and
reach 55 percent on cumulative taxable transfers over $3 million.
The unified credit effectively exempts from tax transfers by gift
and death an amount totaling $675,000 in 2000 and 2001, $700,000
in 2002 and 2003, $850,000 in 2004, $950,000 in 2005, and $1 million
in 2006 and thereafter. Because the law allows each individual an
exemption, a married couple can, with proper estate planning, use
the exemption twice. The benefit of the unified credit applies between
the 18 percent and the 37 percent estate and gift tax rates. Thus,
in 2001, taxable transfers, after application of the unified credit,
are subject to estate and gift tax rates beginning at 37 percent.
The basis of property acquired or passing from a decedent is its
fair market value on the date of the decedentÕs death. This step
up (or step down) in basis eliminates the recognition of any income
on the appreciation of the property that occurred prior to the decedents
death, and it has the effect of eliminating any tax benefit from
any unrealized loss. Family businesses that meet the definition
of a qualified family-owned business interest (QFOBI)
can shield up to $1.3 million ($2.6 million per married couple)
of the value of the business from the estate tax. A credit is allowed
against the federal estate tax for any estate tax paid to any state
or the District of Columbia.
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Death Tax Elimination Act of 2001 (Dunn/Tanner)
187 cosponsors as of
Feb. 28
To be introduced
shortly
°Phases out estate, gift, and generation-skipping transfer
taxes beginning in 2001, leading to full repeal in 2010. The
current-law rate brackets will be reduced by 5 percentage
points each year until the highest rate bracket is eliminated
in 2010.
°Increases the unified credit to $1.3 million for decedents
dying after December 31, 2000.
°Eliminates the QFOBI deduction.
°Increases number of allowable partners or shareholders
in a closely held business to allow for more tax deferral
opportunities.
°Cost: No Joint Committee on Taxation (JCT) estimates
available; however, cost of a bill introduced in 106th Congress
which included only estate tax phaseout provisions was $196
billion over 10 years.
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S. 35: Tax Cut With a Purpose Act of 2001
(Gramm/Miller)
5 cosponsors as of
Feb. 28
Introduced January 22, 2001
°Phases out estate, gift, and generation-skipping transfer
taxes beginning in 2002, leading to a full repeal in 2009.
The current-law brackets would be reduced by 5 to 10 percentage
points each year until the tax is eliminated in 2009.
°No specific provision for QFOBI prior to repeal of entire
estate tax in 2009.
°Cost: No official JCT revenue estimates are available,
but unofficial estimate is $236 billion over 10 years.
Senators Gramm and Miller introduced
this bill to reflect the core elements of the plan that President
Bush outlined during his campaign for the Presidency.
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S. 275: Estate Tax Elimination Act of 2001
(Kyl/Breaux)
8 cosponsors as of
Feb. 28
Introduced February 7, 2001
°Eliminates estate, gift, and generation-skipping transfer
taxes and limits step-up in basis as outlined below.
°Allows every individual to continue to step-up the tax
basis of assets in his or her estate to the fair market value
at the date of death, subject to an overall limitation of
$2.8 million per individual ($5.6 million per couple). The
per person exemption is indexed for inflation. The $2.8 million
in step-up would be allocated among all properties in the
estate at the discretion of the executor.
°Cost: No JCT estimates are available.
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S. 9: Working Family Tax Relief Act of
2001 (Daschle)
12 cosponsors as of Feb. 28
Introduced January 22, 2001
°Increases the exemption in 2002 to $1 million per individual
($2 million per married couple) and from 200708 to $1,125,000
($2,250,000 per married couple) and in 2009 to $1,500,000
($3 million per married couple) and in 2010 to $2 million
per individual ($4 million per married couple).
°Increases the QFOBI applicable deduction amount to $1,375,000
($2,750,000 per married couple) through 2006; to $1,625,000
($3,250,000 per married couple) from 2007 through 2008; to
$2,375,000 ($4,750,000 per married couple) in 2009; and to
$3,375,000 ($6,750,000 per married couple) in 2010 and thereafter.
°Cost: No JCT revenue estimates are available.
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ACCF
congratulates Dr. R. Glenn Hubbard, who has served as an ACCF
Fellow and authored research on tax policy sponsored by the ACCF
Center for Policy Research, on his nomination as chairman of the
White House Council of Economic Advisers. Dr. Hubbard is a former
deputy assistant Treasury secretary and professor of economics at
Columbia University.
ACCF
in the News
Charls E. Walker
[t]he most enduring and perhaps
best known of the scores of lobbyists who push tax cuts for business
Richard W. Stevenson, New York Times,
February 23, 2001
Mark Bloomfield, head of the American Council
for Capital Formation, a business tax cut lobbying group, said his
members wanted tax relief to make America more competitive
Martin Crutsinger, Associated Press, February
4, 2001
Next weeks White House tax blueprint will
only be the first step in what Mr. Bloomfield terms a marathonthats
the metaphor for the tax process this year. Nobody knows how
that process works better than Mr. Bloomfield. An avid long-distance
runner, his fourth-floor office on K Streeta street famous
for the many lobbyists based theremixes pictures of him running
real marathons with mementos of his 25-year quest for lower business
taxes as ACCF leader.
Jacob M. Schlesinger and John D. McKinnon,
Wall Street Journal, February 2, 2001
Mark Bloomfield
contended that it is important
that estate tax repeal is done the right way, saying
that immediate,
rather than phased-in, repeal and inclusion of the step-up in basis
for calculating an estates value is the way to go, since it
has a more tangible economic impact and actually generates some
revenue.
Stephen Norton, CongressDaily, January
26, 2001
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