{"title":"The House of Windsor: Accentuating the Heteronormativity in the Tax Incentives for Procreation","authors":"Anthony C. Infanti","doi":"10.31228/osf.io/neam3","DOIUrl":"https://doi.org/10.31228/osf.io/neam3","url":null,"abstract":"89 Washington Law Review 1185 (2014)Following the Supreme Court's decision in United States v. Windsor, many seem to believe that the fight for marriage equality at the federal level is over and that any remaining work in this area is at the state level. Belying this conventional wisdom, this Article plumbs the gap between the promise of Windsor and the reality that heteronormativity has been one of the core building blocks of the federal tax system. Eradicating embedded heteronormativity will take far more than a single court decision (or even revenue ruling); it will take years of work uncovering the subtle ways in which heteronormativity pervades the federal tax laws and of identifying means of eliminating that heteronormativity. To further this work and in keeping with the theme of this symposium issue, Compensated Surrogacy in the Age of Windsor, this Article explores the unremitting heteronormativity of the federal tax incentives for procreation as they apply to compensated surrogacy, which is the only practical option for gay couples wishing to procreate.","PeriodicalId":420615,"journal":{"name":"ERN: Personal Income & Other Non-Business Taxes & Subsidies (Topic)","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116592970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Fair Income Tax","authors":"Joseph M. Dodge","doi":"10.2139/ssrn.2403022","DOIUrl":"https://doi.org/10.2139/ssrn.2403022","url":null,"abstract":"This article argues that the classic “accretion” Haig-Simons formulation of personal income, namely, an individual’s consumption plus net increases in wealth for the taxable year, not only was not actually advocated by Simons himself, but also is (in part) contrary to fundamental political values and raises unnecessary practical problems. Contrary to what is commonly supposed, consumption is best seen not an independent category of income, but only a deduction-disallowance principle. Likewise, the “accretion” notion of “changes in wealth” - requiring the annual valuation of asset values - is (mostly) impractical, psychologically unacceptable, and contrary to political values. The realization principle - embraced by Simons - is not only convenient but considered to be fundamentally fair. The problems attending the Haig-Simons income concept, as well as Simons’ goal of designing a tax that serves as the platform for top-down redistribution of material resources, are resolved under an objective ability-to-pay personal income concept. This concept is an internal-to-tax substantive fairness norm derived from the function of taxation as an institution. Because fairness is the driving norm, the tax base must be keyed to the personal economic attributes of individual taxpayers. “Objective ability to pay” refers to material resources (as opposed to satisfactions, utility, or well-being) under the control of the taxpayer that the (federal) government can legitimately tax, considering fundamental political values and institutions. The fair tax based on the objective ability-to-pay concept is not derivative of any meta-theory of social justice or political ideology, but is not incompatible with welfarist and economic efficiency norms, and is perfectly posed to serve as the fulcrum for redistribution (or the absence thereof). Since taxation involves the exaction of cash for government to spend in annual budget cycles, the tax base of individuals must be conceived of as a flow of economic outcomes, as opposed to wealth or endowment. The fair tax is an income tax. Contrary to the charge of vagueness, the concept of an objective-ability-to-pay personal income dictates the content of a fair income tax with remarkable specificity, and in a way that is comprehensible and user-friendly. Numerous issues frequently disputed (or taken for granted) by tax commentators are covered, including those of imputed income, in-kind income, the personal deductions, the taxable unit, entity taxation, and even international taxation. The fair tax closely resembles existing income taxes, except that the U.S. income tax has misapplied the realization principle when it comes to certain deductions and offsets. Specifically, a fair income tax would abandon accrual accounting, revamp the tax treatment of borrowing, and eliminate depreciation. The larger aim of this article is legitimize tax fairness as an academic enterprise that should be taken seriously in discussions of tax system des","PeriodicalId":420615,"journal":{"name":"ERN: Personal Income & Other Non-Business Taxes & Subsidies (Topic)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132987650","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Personal Taxpayer Compliance Costs: Recent Evidence from Australia","authors":"B. Tran-Nam, C. Evans, P. Lignier","doi":"10.2139/ssrn.2353192","DOIUrl":"https://doi.org/10.2139/ssrn.2353192","url":null,"abstract":"This article reports on the tax compliance burden of Australian personal (non-business) taxpayers in the 2011-12 tax year. A survey of just over 4,000 individuals was conducted in late 2012 and average tax compliance costs were derived from the data and combined with macro-statistics to generate aggregate personal taxpayer compliance costs. The study demonstrates that personal taxpayer compliance costs have grown by about 73 per cent since 1995 and suggests that various technologically driven simplification initiatives undertaken by the government (such as e-tax and pre-filled income tax returns) have not been sufficient to slow down this growth in personal tax compliance costs.","PeriodicalId":420615,"journal":{"name":"ERN: Personal Income & Other Non-Business Taxes & Subsidies (Topic)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127276890","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Role of Human Capital and Innovation in Prussian Economic Development","authors":"Francesco Cinnirella, Jochen Streb","doi":"10.2139/ssrn.2327473","DOIUrl":"https://doi.org/10.2139/ssrn.2327473","url":null,"abstract":"By merging individual data on valuable patents granted in Prussia in the late nineteenth century with county level information on literacy and income tax revenues we show that increases in the stock of human capital not only improved workers’ productivity but also accelerated innovative activities which, in turn, evoked an additional rise in the productivity level. Instrumenting the stock of literate people with information on the number of blind and deaf-mute people we also establish the direct causal effect of human capital on income, net of the innovation channel.","PeriodicalId":420615,"journal":{"name":"ERN: Personal Income & Other Non-Business Taxes & Subsidies (Topic)","volume":"258 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116231718","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Understanding the AMT, and Its Unadopted Sibling, the AMxT","authors":"James R. Hines Jr., Kyle D. Logue","doi":"10.1093/JLA/LAU005","DOIUrl":"https://doi.org/10.1093/JLA/LAU005","url":null,"abstract":"U.S. taxpayers are currently required to pay the greater of their liabilities under the regular income tax and their liabilities under the Alternative Minimum Tax (AMT). Despite its unpopularity, the AMT serves the function of permitting Congress to offer tax preferences for certain activities and expenditures while maintaining a progressive tax system. This paper examines this role of the AMT, and explores the possibility of adding an Alternative Maximum Tax (AMxT) that would augment the impact of the AMT. An AMxT limits a taxpayer’s liability to the minimum of the amount due under the regular income tax and the amount due under an alternative regime with the same tax base as the AMT, but higher tax rates. Adopting a coherent AMT/AMxT combination would increase the complexity of the tax system but make it possible to increase the progressivity of the regular income tax while using tax preferences to encourage socially beneficial activities, all without inducing excessive inequities in resulting tax burdens. Although the U.S. Treasury proposed an AMxT when it first advanced its plan for an AMT in 1969, and despite AMxT features of the current U.S. income tax, a comprehensive AMxT has never been enacted.","PeriodicalId":420615,"journal":{"name":"ERN: Personal Income & Other Non-Business Taxes & Subsidies (Topic)","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115453546","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Tax Treatment of Charitable Contributions in a Personal Income Tax: Lessons from Theory and Canadian Experience","authors":"D. Duff","doi":"10.1017/CBO9781107282117.013","DOIUrl":"https://doi.org/10.1017/CBO9781107282117.013","url":null,"abstract":"A hundred years after tax concessions for charitable contributions were introduced as part of the personal income taxes that many countries enacted during the First World War, these countries continue to debate the appropriate level and structure of tax concessions for charitable gifts. This chapter considers the tax treatment of charitable contributions in a personal income tax, reviewing and evaluating alternative rationales for tax recognition of charitable gifts as well as the implications of these rationales for the form that tax recognition should take, and examining recent Canadian experience in light of these rationales.","PeriodicalId":420615,"journal":{"name":"ERN: Personal Income & Other Non-Business Taxes & Subsidies (Topic)","volume":"205 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121031055","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Gilda Azurdia, Stephen R. Freedman, Gayle Hamilton, Caroline B. Schultz
{"title":"Encouraging Savings for Low- and Moderate-Income Individuals: Preliminary Implementation Findings from the SaveUSA Evaluation","authors":"Gilda Azurdia, Stephen R. Freedman, Gayle Hamilton, Caroline B. Schultz","doi":"10.2139/SSRN.2248936","DOIUrl":"https://doi.org/10.2139/SSRN.2248936","url":null,"abstract":"SaveUSA, a pilot program in New York City, Newark, San Antonio, and Tulsa, offers a matched savings account to low-income tax filers, building on the opportunity presented by tax-time refunds, especially the Earned Income Tax Credit. This 12-page brief offers early implementation findings.","PeriodicalId":420615,"journal":{"name":"ERN: Personal Income & Other Non-Business Taxes & Subsidies (Topic)","volume":"166 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134108578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Hated Property Tax: Salience, Tax Rates, and Tax Revolts","authors":"Marika Cabral, C. Hoxby","doi":"10.3386/W18514","DOIUrl":"https://doi.org/10.3386/W18514","url":null,"abstract":"Because of the obtrusive manner in which they are normally paid, property taxes are likely the most salient taxes in the U.S. However, they are much less salient to homeowners with tax escrow. Exploiting geographical variation in tax escrow, we test how salience affects property tax rates and limits. We instrument for tax escrow using bank holding companies' national mortgage servicing assets, focusing on companies that have local branches but do most of their business outside the area. We find that a one standard deviation increase in tax escrow produces about a one standard deviation decrease in property tax rates.","PeriodicalId":420615,"journal":{"name":"ERN: Personal Income & Other Non-Business Taxes & Subsidies (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130958345","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Retirees Beware: Don't Worry About the British -- 2013 is Coming","authors":"Douglas A. Kahn, Lawrence W. Waggoner","doi":"10.2139/SSRN.2103615","DOIUrl":"https://doi.org/10.2139/SSRN.2103615","url":null,"abstract":"The easy money policy of the federal reserve and the 15 percent tax rate on qualified dividends have encouraged retirees to reorient their nest eggs away from certificates of deposit, Treasuries, and money market funds to dividend-paying stocks and mutual funds. According to the Internal Revenue Service, 43 percent of taxpayers age 65 or older reported qualified dividend income amounting to nearly half of the qualified dividend income reported by all taxpayers. By contrast, 46 percent of taxpayers age 65 or older reported net capital gains amounting to 30.5 percent of the net capital gains reported by all taxpayers. But 2013 is coming and, unless Congress extends the current rates or reaches an agreement on tax reform, dividends will be taxed as ordinary income at a marginal rate as high as 39.6 percent. The 15 percent tax on most net long-term capital gains is also going to rise by a third to 20 percent. For those whose modified adjusted gross income exceeds a certain amount, there will be a 3.8 percent medicare tax on their net capital gain income and dividend income (and interest income as well as other investment income), bring the highest marginal rate to 43.4 percent. In this article, we propose a compromise for both dividends and capital gains. Instead of taxing dividends as ordinary income and most long-term capital gains at a flat 20 percent rate, our compromise would apply a progressive tax rate schedule to both. We would aggregate all net capital gains and qualified dividends into a single figure, which for convenience we refer to as aggregated dividends and net capital gains or ADCG for short. We don’t propose an exact progressive rate schedule for ADCG. Congress would decide that. A possible schedule would reach the 30 percent marginal rate on $1,000,000 of ADCG and above, and might take the following form: 15 percent on the first $250,000, 20 percent on the next $250,000, 25 percent on the next $500,000, and 30 percent on $1,000,000 and above. The proposed compromise would provide a higher tax rate on the ADCG of the very wealthy while applying a 15 percent rate for those whose ADCG is more modest. We believe that this simple compromise would satisfy those who want the super-rich to pay higher taxes and also satisfy a quite different constituency: retirees who worked for a living, saved as much of their after-tax dollars as they could, and invested their nest eggs in dividend-paying stocks or mutual funds. Our proposal for a progressive-rate system for ADCG, ranging from 15 percent to 30 percent, appears to us to be a sensible compromise. We hope that it appears sensible to Congress, sensible enough to make the compromise permanent, so that small investors who are saving for retirement and those who have already retired will not constantly be in doubt about the future taxation of their nest eggs.","PeriodicalId":420615,"journal":{"name":"ERN: Personal Income & Other Non-Business Taxes & Subsidies (Topic)","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131325301","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Fundamental Theorem of Asset Pricing with Taxes","authors":"Marcus Becker","doi":"10.2139/ssrn.2030759","DOIUrl":"https://doi.org/10.2139/ssrn.2030759","url":null,"abstract":"In this paper we prove a version of the fundamental theorem of asset pricing in discrete time, accounting for personal income taxes. We apply this theorem to the valuation of firms.","PeriodicalId":420615,"journal":{"name":"ERN: Personal Income & Other Non-Business Taxes & Subsidies (Topic)","volume":"258 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123073525","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}