It’s Broken
Ready for a riddle? What federal government program requires 72,000 pages of written text to explain, has an annual compliance cost of over $350 billion and is a key contributor to our current economic morass? The answer is the US tax code. The current tax code is so broken that no amount of tweaking will fix it.
Let’s explore why the code has become so complex and why both political parties are unwilling to fix it.
First, let’s examine the individual income tax. In 2010, the US treasury collected $899 Billion in individual income taxes. Estimates from the GAO and other sources estimate that the cost of compliance (tax preparation) in 2010 for individuals was approximately $150 Billion. This cost includes the “fair value” of each individual’s time in compiling tax data, the time required to fill out the complex tax forms for those who do their own taxes and the revenue collected by CPAs and tax lawyers to file individual tax returns.
The vast majority of these compliance costs could be saved if individuals merely paid a percentage of their total income with no deductions or credits of any kind. To protect the poor, there could be a minimum level of income below which no taxes are levied. With this approach, the compliance costs could be turned into tax revenues with no net cost increase to the American taxpayer.
If such a simple change could increase tax receipts with no effect on the individual tax payer, why aren’t politicians clamoring for this reform. The answer lies in the 72,000 pages of our tax code. Every segment of our tax code has special interest “gifts” that are important to special interest groups who give money to the politicians that protect them. As an example, the mortgage interest deduction benefits home builders, realtors, mortgage brokers, lawyers, banks and investment speculators. These groups provide millions of dollars to politicians in both parties.
The corporate income tax is even more insidious. In 2010, the US Treasury collected $191 Billion from corporations. It is estimated that in 2010, corporations spent almost $190 Billion in tax compliance. Large corporations are the obvious benefactors of the current tax code distortions, with corporations such a GE paying no income tax in 2010. How many millions do you suppose GE spent on lawyers and accountants to assure this tax outcome?
The current US corporate tax code is 35% of net earnings, the highest corporate tax rate of any industrialized country. If all of the corporate welfare ( and with it the tax code compliance cost) were eliminated, corporations could pay a lower percentage of their total earnings and the federal government could collect almost twice the revenue, with no negative impact on the corporation’s total expenses.
With this approach, the US corporate tax rate could likely be cut dramatically and still provide twice the current tax revenue. An added benefit is that lower federal corporate tax rates would attract foreign companies to the US and provide less incentive for US companies to move operations abroad. This combination could dramatically increase our GDP while significantly decreasing our rate of unemployment.
By eliminating all deductions and credits in the current tax code so individuals and corporations pay taxes equal to their current taxes plus their current tax preparation/ tax compliance cost, the federal deficit could be reduced by over $3 Trillion dollars (over a 10 year time frame), with the a net increased cost to both individuals and corporations of $0.
So once again the question, if this approach is so simple, why are some billionaires calling for higher tax rates instead of tax code reform. Once again, the answer can be found in the 72,000 pages of the tax code. The current tax code protects the super rich from paying the same income tax rates as the rest of us.
Regardless of your thoughts on federal government spending or higher tax rates on the rich, we have an annual $350 Billion in deficit reduction staring us in the face. Perhaps it is time to tell both parties that they must begin supporting their constituents instead of the special interest groups protected by our broken tax code.


