Of all the illogical arguments against ending or easing the
double-taxation of dividends, none is quite as ridiculous as those who claim
the same tax treatment should be given to investments in which no double tax
is involved.
When the Bush tax plan first came out, a few critics actually
complained that tax relief applies only to mutual funds that invest in
stocks, not to so-called dividends from funds that invest in bonds. That is
because such nominal dividends are really interest payments that are (SET
ITAL) not double taxed because corporations deduct the matching
interest expense.
Others complained that the Bush plan does not exempt all
dividends at the corporate level. But that is because more than half of such
dividends are not double-taxed because they are paid to tax-exempt
institutions, pension funds and foreign investors.
Meanwhile, the uniquely cheeky municipal bond lobby is arguing
that interest income from tax-exempt bonds held by banks or insurance
companies should entitle their shareholders to dividend tax relief, although
there is not even a single tax on tax-exempt interest, much less a double
tax.
The latest gripe, from the tax credit lobby, is just a variation
on this same avaricious theme. A few industries favored with tax credits
claim they should be allowed to pretend that the full corporate tax has been
paid when calculating dividends exempt from personal taxes. The housing
lobby even bought a report from Ernst & Young that brazenly proposes
"treating Housing Credits as taxes paid." Never mind that these tax credits
are
the exact opposite of taxes paid. Tax credits are
taxes
not paid by companies and therefore
not double-taxed.
"Tax Credits Lose Appeal in Bush Plan," screams a recent
Washington Post headline. "Under Bush's proposal," the article explains,
"companies would have to choose between taking the credits and foregoing
them to give tax-free dividends to their shareholders." This is K-Street
lobbyist gibberish. Tax credits are worth 35 cents on the dollar. Foregoing
the tax credits would mean choosing to instead pay the equivalent sum in
extra taxes. To forego $1 million of tax credits would not leave a company
with an extra $1 million to pay as dividends. It would just leave the
company owing $1 million more to the IRS, and therefore with $1 million less
to reinvest.
Perhaps this alleged choice was supposed to mean the company
might choose to pay dividends rather than make an investment subsidized with
a tax credit. But that, too, makes no sense, because the investment would
produce future income, which should be reflected in higher stock prices.
Even the most generous of dividend-paying corporations rarely
pay out more than 30 percent to 40 percent of after-tax profits as
dividends. The rest is retained and reinvested, and the less paid in taxes
the more to reinvest. More assets per share means higher share prices,
resulting in capital gains for shareholders. Since individual investors pay
only 20 percent on the resulting gains, they would not want to see companies
shun tax credits worth nearly twice that much.
The tax credit that has attracted the most lobbying effort and
press attention, though it is just one of many, is "the low-income housing
tax credit." Naive reporters may assume this subsidizes people with low
incomes, but the loot really goes to high-income builders and investors.
It would be no different if Congress enacted a "low-income auto
tax credit" to bribe Ford and General Motors to make 40 percent of their
cars really cheap and tacky. Low-income people are not the ones lobbying for
third-rate housing projects any more than they are lobbying for GM to
reproduce Yugos. People on a tight budget find better value in used cars and
older homes.
Housing economists, such as Edgar Olsen of the University of
Virginia and Ron Feldman of the Minneapolis Fed, have always been highly
critical of the congressional pretense of helping poor people by subsidizing
builders. The low-income housing credit pays 70 percent of the cost of
developing a project. Such projects are usually developed by limited
partnerships that sell the tax credits to corporations, including Fannie Mae
and Freddie Mac. Only 40 percent of these heavily subsidized apartments have
to be made available to those with an income at or below 60 percent of
median county income, which is rarely very poor.
In a study for the National Bureau of Economic Research
(nber.org), Olsen notes that "well before they reach the midpoint of their
useful lives, these projects have provided less desirable housing than the
housing occupied by voucher recipients." A less critical study by Wharton
School scholars Todd Sinai and Joel Waldfogel finds that "on average three
government-subsidized units displace two units that would otherwise have
been provided by the private market."
If tax credit lobbyists were able to persuade Congress to treat
tax credits as if they were taxes, The Washington Post figures this "would
increase the cost of the dividend proposal by as much as 50 percent." That
is a revealing measure of how much these tax credits are worth to those who
get them. If the tax credit lobby makes too much noise opposing reasonably
fair taxes for investors in industries that actually pay taxes, they just
might find the effort backfires by calling unwelcome attention to their
often quite dubious hidden subsidies.
Despite the heroic illogic of special interests asking Congress
to treat tax credits as if they were taxes, some politicians sometimes do
put well-organized special interests above the broader interest of the
investing public. Capitulating to the tax credit lobby may even appear
politically safe, since the biggest section of that gravy train was cleverly
labeled as a "low-income" subsidy. Follow the money, however, and you will
find it is coming out of your pockets and going into the pockets of interest
groups whose incomes are anything but low.