4. Abolish Income Taxation

A Plan to Renew the Promise of American Life, Plank 4

Plank 3     Contents     Plank 5

Plank 4. Abolish income taxation.


Specific Recommendations

4.1. Tax consumption, not production—goods, not people.

4.2. Abolish all forms of federal income taxation, including personal and corporate income taxes, payroll taxes, wage taxes, gift and estate taxes, and taxes on interest, dividends, and capital gains. Do this by statute rather than waiting for a constitutional amendment.

4.3. When repealing the personal income tax, be sure to repeal payroll taxes at the same time, so as not to leave a taproot for the former to reappear. But repealing payroll taxes alone is acceptable, as a first step to complete income-tax abolition.

4.4. Once income taxation has been ended, close the barn door on possible future backsliding by amending the Constitution to specifically and permanently remove Congress’s power to lay and collect taxes on incomes, from whatever source derived.


Explanation

Note: To see what we’d replace income taxation with, go to plank 5.

In a truly free society, the government taxes consumption, not production—goods, not people. All taxes are burdensome, but some are less burdensome than others. Taxes on things are less burdensome than taxes on people.

Income taxation is burdensome on workers and work-effort. It’s also a tax on prosperity, because it burdens saving, risk-taking, and investment. Income taxation ensures we make less, get less, have less. It makes us poorer.*

Income taxation also makes us less free, by giving the government the keys to invade our privacy and control our choices. Income taxes require gigantic bureaucracies to administer.

By comparison, taxing consumption encourages saving and thus future prosperity. And it’s inherently less intrusive, and less prone to abuse.

Saving is the basis of investment, which is the basis of job creation, economic health, and rising living standards. Saving is the key to wealth and prosperity.

With consumption taxes, we are, comparatively speaking, free to choose how much tax we’ll pay. We can minimize our tax burden by saving. Consumption taxes encourage thrift and discourage waste and luxury.

Consumption taxes are naturally self-limiting. They leave us free to vote with our dollars. We can give the politicians constant feedback, by substituting one form of consumption for another. For example, suppose good A is over-taxed. We substitute good B. Revenues derived from good A fall. The politicians receive a signal that it’s time to lower the rate on good A.

With an income tax, there is no in-built feedback mechanism, other than complaints and cheating. The only real limit is “How much are voters willing to put up with?” Because every voter wishes to shift the burden onto his neighbors, a kind of “war of everyone against everyone else” naturally develops, with the rich the ultimate losers as the majority use their votes to shift their tax burden onto those who are perceived as wealthier than themselves. But thanks to loopholes and exceptions, nobody can ever be absolutely sure that the rich are in fact paying “their fair share,” whatever that means, or that they themselves aren’t paying more tax than is strictly necessary. We all have that relative we just know is exploiting some credit or deduction we’ve missed. The ultimate fruit of such a system is a general atmosphere of suspicion and dissatisfaction. Toss in frustration, thanks to mind-boggling complexity and paperwork—which are inevitable, so long as politicians they they can use the tax code to buy votes with—and the little guy naturally comes to feel as if he is being intentionally persecuted.

After years of reflection, I’m convinced we cannot renew the promise of American life without abolishing income taxation. Not just reform—abolish. The income tax cannot be reformed.

Income taxation is a source of numerous evils and isn’t necessary to raise a revenue or to fund entitlements. The United States can get along just fine without taxing production. We did so before 1913. There are a number of ways to tax consumption, but I think the best way is to rely primarily on excises and duties (the next plank in this plan), again, as we did before 1913. The benefits of this fundamental change would be plentiful.

  • Want to increase your paycheck by up to half, overnight? Abolish income taxation.
  • Want to keep every penny you earn? Abolish income taxation.
  • Want to make American businesses instantly the most competitive in the world? Abolish income taxation.
  • Want to lift the weight of a million-word tax code from the shoulders of job creators? Abolish income taxation.
  • Want to bring the tax-evading “underground economy” above ground? Abolish income taxation.
  • Want to dramatically reduce federal manipulation of the economy? Abolish income taxation.
  • Want to reduce wealth redistribution? Abolish income taxation.
  • Want to end political harassment of private citizen groups by the IRS? Abolish income taxation.
  • Want to end federal interference with the free speech rights of churches? Abolish income taxation.
  • Want to reduce the costs of housing, health care, education, and other necessities? Abolish income taxation.

If any reform can dramatically improve the life of every American, it is this one.**

The Root of All Evil

It is not going too far, I think, to say that income taxation is the root of all evil. It is certainly the primary engine driving the growth of government. But is it truly evil? Yes, it is, because it facilitates the concentration of governmental power through the redistribution of wealth—unjust expropriation. Redistribution of wealth and power are basic tools of unjust and despotic governments. As Aristotle pointed out 2,500 years ago, in every political community the tendency of the wealthy few is to try to enslave the many poor, and conversely the tendency of the many poor is to try to expropriate the rich few. Justice requires that we check both tendencies. We must respect everyone’s freedom and everyone’s property. The sine qua non of social happiness and concord is a large and prosperous middle class, which naturally tends to check the worst tendencies of rich and poor alike. That is what our Constitution was designed to do, before we let ourselves get hooked on income taxation and wealth redistribution.

Freedom by nature includes the freedom to acquire property in any honest, decent, lawful manner that does not harm others. Forcible wealth redistribution is a dagger aimed at the heart of civil peace and social concord. To be happy, a society must shun forcible wealth redistribution.

The Founders eschewed income taxes, but unfortunately did not rule them out, at least not explicitly. It was not entirely clear before the Civil War whether income taxes were direct or indirect taxes for federal constitutional purposes. By “direct” taxes, the Founders seem to have meant those that really hit people where the live, such as head taxes and land taxes. By “indirect” taxes, they seem to have meant all other kinds of exaction. Because the Founders (rightly) did not like direct taxes, they intentionally made them hard to levy, by requiring that all direct taxes be apportioned according to population, by state (basically, “one man, one buck,” regardless of all other considerations). This “apportionment rule” makes direct taxes practically impossible to impose. But indirect taxes, they limited only by requiring that they be “uniform throughout the United States.” Income taxes seem to have been viewed by the Founders as indirect, and therefore permissible, if unwelcome, provided they are uniform throughout the country. During the Civil War, Congress levied our first, emergency income tax. Its authors and President Lincoln, who signed it, seem to have taken it for granted that it was an indirect tax that did not have to be apportioned by state. The tax existed from 1862 to 1872. People were thrilled to see it go. Then, in the 1890s a populist-socialist movement arose to impose an income tax “on the rich.” In 1895, the Supreme Court in a surprise decision stopped this movement, by ruling that income taxes, to the extent they are derived from income derived from land rents, are direct taxes. That made them, of course, practically impossible to levy. The pro-income-tax coalition responded by resolving to amend the Constitution, and they eventually succeeded. The Sixteenth Amendment, ratified in 1913, grants Congress explicit authority to levy income taxes “from whatever source derived” and without any need for apportionment.

The Sixteenth Amendment has proved to be one of the great errors in American history. More than any other single policy choice, it has cleared the path for big, corrupt, lawless government. And it has let in various other evils, such as those I’ve mentioned. Together with two other events of the fateful year, 1913—the ratification of the Seventeenth Amendment and the creation of the Federal Reserve—the Sixteenth Amendment effectively ended the Founders’ Constitution, replacing it with something else.***

Question: Don’t consumption taxes fall more heavily on the poor than on the rich?

Answer: Not if we tax necessities less heavily than luxuries. Many states, for example, exempt food and medicine from sales tax. That seems reasonable, given that food and medicine represent a greater share of expenditures for the poor than they do for the rich. The same distinctions can be made with federal duties and excises.

Question: If income taxation really is the root of all evil, why not repeal or reverse the Sixteenth Amendment?

Answer: Because it’s not necessary to do so, at least at the outset. We can abolish income taxation by ordinary statute any time we want. Why insist on amending the Constitution (which requires supermajorities in Congress and the states), when we can achieve the same goal by passing a law (which only requires a simple majority in House and Senate)? Should we eventually pass an amendment depriving Congress of any power to tax incomes? Yes. But that step can wait. Income taxes are hated, after all. People would rejoice at their elimination. They would be in no hurry to reinstate the IRS and April 15th. I admit income taxation would probably make a comeback, eventually, if the rest of this plan were not implemented (especially the sound money plank). But it would not come back quickly. We would have time to gather the supermajorities needed to secure the amendment.

Question: Should income tax abolition be postponed until we are consistently running surpluses?

No. Abolishing income taxation is more important, more urgent, more economically helpful, and more politically attractive than avoiding near-term deficits. While I hold that the government should ordinarily run modest surpluses and avoid debt like the plague, I don’t think we can postpone this reform until “conditions are favorable.” Conditions will never be “favorable,” to a political class dependent on debt. We need to prioritize freedom and long-term economic health over short-term deficit purity. Income taxation is so evil, the amount of revenue it generates is so great, and the advantages of immediate elimination so vastly outweigh the downsides associated with higher deficits, that we should not wait. We can and should, of course, minimize the negative deficit impact of the change. The very best way to do that is to restore general economic health, which, happily, this reform also promotes. Another way to do it is is to cut spending dramatically (see the spending freeze plank and devolution plank of this plan). A third way is to increase duties and excises (see the consumption taxes plank). To be clear, I do not advocate raising duties to protectionist levels. I think taxes should be for raising a revenue, not for favoring certain industries or local interests.

I hasten to add that all of the aforementioned reforms, including tax reform, would be easier to achieve if we first restored sound money. Restoring sound money basically guarantees a return to fiscal common sense, including balanced budgets. But here we are focusing on the best tax reform, with or without monetary reform.

Payroll Taxes

Payroll taxes are income taxes levied on the wage portion of income.****

No serious tax reform can avoid dealing with payroll taxes, because those taxes (there are three of them, technically) affect more voters than any other and together constitute the largest tax most voters pay.*****

It will be harder to get the votes in Congress to eliminate income taxation if we don’t at the same time get rid of payroll taxes. Ideally, they all go at once. But I think it’s acceptable to eliminate payroll taxes alone, as a first step to total income-tax abolition, since payroll taxes, which affect most voters, are less likely to reappear than is a traditional graduated income tax.

But the reverse is not true. Leaving payroll taxes in place after eliminating other forms of income tax would be like pulling a poisonous weed without removing the taproot. If Congress eliminated income taxes but left payroll taxes in place, the latter would in all likelihood morph into the former. So long as any kind of income taxation is on the books, there will be pressure to make it “graduated,” meaning heavier on higher-income earners, meaning redistributionist. This has already begun to happen. The Affordable Care Act modified existing payroll taxes, which had traditionally been “flat,” to include a “surcharge” on high-income earners.

Social Security and Medicare

Question: If we eliminate the payroll tax, won’t that mean the end of Social Security and Medicare?

Answer: No. Social Security and Medicare would continue to exist. The only thing that would change is their funding source. Payroll taxes are not necessary to fund them. Any kind of tax will do for that purpose. And eliminating payroll taxes would have a definite benefit. It would make Social Security and Medicare permanently solvent. That’s right. If you want to protect seniors’ entitlements, the best way to do so is, paradoxically, to eliminate the payroll tax. Instead of relying on an insolvent trust fund dependent on payroll taxes, these entitlements would instead be funded entirely from the general fund, which will never go bankrupt while Congress has the powers to tax and to borrow.

And as we shall see in the next plank, the best way to keep the general fund adequately funded is by relying primarily on duties and excises.

What About Health Care?

Question: If we eliminate the income tax, and with it the American system of employment-based health benefits (which rests on a tax policy preference for such benefits), won’t the number of uninsured Americans skyrocket?

Answer: No. While ending the income tax would dramatically reduce the number of employers offering workplace health benefits, the number of insured people will, if anything, go up, not down. The price of direct-purchase (“individual market”) health insurance will go down as millions of people start shopping for the best values. Today, employment-based health benefits dominate our system entirely because the tax code (wrongly) excludes them from the definition of income. The tax code puts employers in the driver’s seat. So people don’t really shop for value. Instead, they let their employer do it for them. By removing the bias in the tax code, most people will shift from workplace group health benefits to individually owned insurance. Now, that kind of insurance is unfortunately overpriced today because of foolish state and federal regulations. But it is still the best form of health insurance, because, being based on the actual amount of medical risk each individual brings to the insurance pool, it can be priced affordably for the maximum number of people and has the important side-benefit of being fully portable: you don’t lose it when you change jobs. So when we end income taxation, we will give millions of people access to individual coverage and in so doing cause health insurance to more closely resemble auto or homeowners’ insurance. Health insurance will become portable, personally owned, and cheap. The ultimate goal of health reform should not be “national health insurance” or “universal coverage,” whatever those pleasant-sounding terms may mean. (The reality of “universal coverage,” as we are learning from the so-called Affordable Care Act, is actually quite unpleasant.) No, the goal should be universal availability of, and universal access to, health services and health insurance that are cheap in price and high in quality, for everyone who wants them, without coercion or mandates. Such universal access can only come into being in a world of free markets and consumer sovereignty, aided by personal charity and modest safety nets. What we need and should seek is a world in which the vast majority of health care consumers pay cash prices out of pocket for minor and routine care and rely on very cheap, rarely used, preferably individually owned, catastrophic indemnity policies for the big bills. (An indemnity policy is one that pays you a lump sum in cash for a particular event. For example, if you’re diagnosed with lung cancer, you get X thousand dollars.) In such a world, needed health services will be more affordable to more patients, charity will go farther, and safety nets will be smaller but stronger, than is the case today. The main problem today, as I’ve said is foolish insurance regulations and major distortions caused by foolish tax policies. By ending the latter, we will create irresistible conditions for ending the former. True health reform begins with income-tax reform. And the best income-tax reform is to stop taxing income.


NOTES

* By the term “income tax” I mean any tax on income or an income-producing property or activity. If it requires a definition and reporting of income, gains, profits, or receipts, it’s probably an income tax. Drawing a precise line between income taxes and other kinds can be a bit of a challenge: there is a seemingly endless array of labels and descriptions, and not everyone is going to classify each exaction exactly the same. But the main boundary lines are clear enough. Income taxes include all of the following: 1) all taxes on personal, corporate, and payroll income, 2) all taxes on gifts, estates, wages, interest, dividends, and capital gains, 3) all taxes on profits and receipts, 4) all taxes on pensions, annuities, and salaries, and 5) all taxes on trades, professions, occupations, and other wealth-generating activities. I exclude from the definition of income taxation the following: 1) duties, imposts, and excises, 2) sales taxes, value-added taxes, and personal property taxes, and 3) user fees, filing fees, document fees, licensing fees, and postage. I also exclude from the definition the proceeds of auctions and sales of government-owned land and property. As for head taxes and land taxes, I classify them as income taxes only where they are really income taxes by another name. Otherwise, I do not regard them as income taxes. But by any definition head and land taxes are direct taxes for federal constitutional purposes. In my view, they should never be levied by the federal government.

** A bit of free advice for anti-global-warming activists: A carbon tax is easier to enact in place of the income tax, rather than on top of it.

*** The Seventeenth Amendment provided for the direct popular election of U.S. Senators. The Federal Reserve System has evolved into a powerful tool for currency manipulation by debt-addicted politicians. Together with the income tax, these changes make 1913, constitutionally speaking, the worst year on record, although 1937 is a close second—the year the Supreme Court gave up on enforcing the principle of enumerated powers and thus paved the way to today’s unlimited federal government. The constitutional revolution of 1937 was a direct result of the constitutional revolution of 1913. Which is why I like to say: “To repeal 1937, repeal 1913!”

**** Is the payroll tax an income tax or an excise? It is an income tax. When the Roosevelt administration created the payroll tax in the mid-1930s, it split the payroll tax into two equal shares, one to be paid by the employee and the other to be paid by the employer. Both shares were to be, and still are, withheld from the employee’s wages. In its marketing materials, the Roosevelt administration classified the employee’s share as an income tax and the employer’s share as an excise on the “privilege of producing income.” But this distinction is misleading and misguided. Employers do not produce income, employees do. Employers produce income only in their capacity as employees. As an economic matter, both shares come out of the employee’s wages. So no matter how the payroll tax is structured as a formal matter, in reality both shares of the tax represent a tax on the employee, and specifically on his income. Moreover, earning one’s daily bread is not a privilege granted by the government but rather a right rooted in nature. It is therefore a misuse of language to call a tax on wages an excise. It is a tax on income.

***** There are three main federal payroll taxes, which go by the acronyms FICA, SECA, and FUTA. FICA funds Social Security, Medicare, and Disability Insurance from employees’ wage income (with the employer nominally paying half). SECA funds the same programs from self-employed workers’ income. FUTA funds Unemployment Insurance from employees’ wage income, with the employer nominally paying the entire tax.


Constitutional Amendments

This plank does not require any constitutional amendments, although the legislation abolishing income taxation should be followed up with an amendment denying Congress any power to tax incomes. We should not make the legislation dependent on first securing a constitutional amendment.


Benefits

Will provide substantial financial relief to all Americans, especially the poor.

Will increase the nation’s economic health and unleash permanently higher rates of innovation and job creation.

Will provide significantly greater freedom to work, save, and invest.

Will measurably increase living standards and personal financial security.

Will end tax-code-based social engineering, wealth redistribution, privacy invasions, speech suppression, and political harassment.

Will dramatically reduce tax-code-based injustice and dramatically increase civil peace and social concord.

Will reduce the costs of housing, health care, and much else.

Will make the payroll-tax-funded entitlements permanently solvent.


Summary

Plank 3     Contents     Plank 5

Revised: May 3, 2016.

Published: June 21, 2013.

Author: Dean Clancy.

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