By Jack Fitzgerald, Doyle Pearl and Patrick Painter
Nov. 19, 2012, 7:24 p.m.
The nightmare scenario of the fiscal cliff piles up all of the ideologically challenging fiscal issues that Congress has been unable to resolve and brings them together in a struggling economy, with less than two months for lawmakers to accomplish what has eluded them for years.
With so much riding on the outcome, it is astonishing to outsiders that our national leaders would allow so many intractable issues to erupt at such a critical moment.
In lieu of a grand compromise or another round of kicking the can into an indeterminate future, congressional leaders should consider strategies for resolving component issues of the fiscal cliff now, where bipartisan support exists and a creative solution has been identified. One such opportunity is already in reach.
The leaders of Americans Standing for Simplification of the Estate Tax have advocated for several years a strategy for permanently replacing the federal estate tax in a revenue-neutral manner.
At a time of slow growth and glum economic forecasts, elimination of the “death tax” would be a tonic to the small-business sector and unlock hundreds of billions of dollars of underutilized capital for reinvestment in the economy. This bold stroke could bring together a broad bipartisan coalition that has been growing in the wings for years and make a down payment on fundamental tax reform for the next Congress.
For progressives, the ASSET reform replaces a dysfunctional tax by closing loopholes for high-end taxpayers and increasing capital gains levies. For conservatives, the change would eliminate a barrier to savings, investment and entrepreneurship, funded by a modest tax burden on those who most directly benefit. This revenue neutral reform creates common ground across the political spectrum for a pro-growth change in tax policy.
If ever there was a tax that virtually begged for repeal, it is the estate tax. This outdated levy generates nominal income for the Treasury. It constituted only 0.32 percent of federal revenue in 2011, enough to fund the federal government for less than a day.
But it is an Olympic contender for unintended consequences. Recent studies confirm that estate tax revenues are more than offset by high compliance costs and income tax revenue losses. The Tax Foundation, a nonpartisan research group, has suggested that the estate tax is an overall revenue loser for the Treasury’s coffers.
A study released in July by Republicans on the Joint Economic Committee concluded that “the cost of the estate tax far exceeds any benefit it produces” and that the tax has reduced total capital stock in the U.S. economy by 3.2 percent since 1916. Other research has documented the wasteful diversion of productive resources to the estate planning industry and challenged the tax paradoxically as a barrier to income and wealth mobility.
ASSET remains active in advocating replacement of the estate tax because we have personally witnessed how it damages the economy. As small-business leaders we have seen how the tax can lead to the destruction or devaluation of family businesses, many of which lack the liquidity to cover estate tax liabilities on the death of the owner. This is a tax on small firms and workers’ jobs, diverting investment and deterring growth. It cannibalizes productive enterprises while yielding few rewards.