Wednesday, January 04, 2006

The "Fair Tax" Pfffft

Let's start this out with the wisdom of scholar Murray N. Rothbard:
"There can be no such thing as 'fairness in taxation.' Taxation is nothing but organized theft, and the concept of a 'fair tax' is therefore every bit as absurd as that of 'fair theft.'"
In case you haven't heard of it before, the Fair Tax is a scheme by talk show host Neil Boortz and Congressman John Linder. (Scientology comes to mind here. I'd regard a tax plan invented by a radio talker and a politician with the same suspicion that I'd regard a religion founded by a science fiction writer.) In effect, this bill would abolish the income tax and IRS and replace them with a 30 percent sales tax on goods and services. Just to show you where I'm going, this would add $6,000 to the price of a $20,000 car, or 30 cents to every dollar you spend on groceries. I don't know why its called the fair tax. This tax certainly wouldn't be fair to the poor. Thirty percent of everyone's purchasing power would just go down the toilet. Maybe Barbra Streisand wouldn't notice that hole in her infinite cash flow, but Joe Blow, working from paycheck to paycheck to put food on the table, certainly would. Supporters of the fair tax say you would bring home 100% of your paycheck, but I find it very difficult to believe that employers would switch the money they had been paying to the government to your bank account. For instance, if you were making $80,000 and taking home $60,000, they'd just keep that extra $20,000 and you'd still be taking home the same paycheck. Boortz claims the poor would not become disadvantaged under a flat tax because they would receive monthly "prebate" checks covering the approximate national sales tax for necessities. Oh, great. Yet another welfare program. Yet another distribution of wealth. The Fair Tax would make even more people wards of the state. Millions of people who never took a dime from other taxpayers in the form of food stamps, SSI, AFDC, Medicaid, WIC, or housing assistance would now be on the federal dole via the prebate. And if the IRS weren't around to keep track of income, how would the government know who is poor and who isn't? Sounds like another gigantic bureaucracy would have to be formed to keep track of all of us. How is that different from the intrusiveness of the IRS? Another quote from Rothbard:
"On the free market, everyone earns according to his productive value in satisfying consumer desires. Under statist distribution, everyone earns in proportion to the amount he can plunder from the producers."
But my first and greatest gripe with this tax is it would keep the power of individual taxation in the hands of the federal government. If the Founding Fathers had intended that, they would have put it in the body of the Constitution and there would have been no need for the reviled 16th Amendment. Taxation on individuals should fall under the power of states -- if they even need to tax their citizens. Seven states have no state income tax: Alaska, Florida, Nevada, South Dakota, Texas, Washington and Wyoming. Two others, New Hampshire and Tennessee, tax only dividend and interest income. The Fair Tax just allows the federal government to confiscate the wealth of American citizens less intrusively and more efficiently. Who would collect this sales tax? Well, everyone who does business with the public, of course. Every shopkeeper, every chain store, every restaurant, every car dealer, every hospital, every massage parlor would become an agent for the federal government. As though there weren't enough of a burden on business, imagine the costs of keeping track of this nightmare. And who would make sure these businesses would accurately keep their books and truthfully report their sales? Who would prevent fraud? Sounds like another gigantic bureaucracy to me. Maybe they'd carry guns. And they would need those guns, because this plan would create an entirely new breed of criminals. It would be prohibition all over again. Black markets on every imaginable product would pop up all over the country. Since this tax would apply only to new merchandise, many items would be reclassified as used. And what would happen to the price of used items? They'd go up. The wealthy would simply purchase their high ticket items offshore. Want a three-million-dollar yacht? Buy it in Taiwan. Since business to business transactions would not be taxed, why wouldn't everyone just get a business license and not pay any taxes on anything? The potential for fraud is endless. The Founders intended to impose internal taxes on consumption by way of an "excise" or "duty." Congress was required to select each specific article for the imposition of the excise or duty and then, to determine the specific amount of tax on the specifically chosen article of consumption. The Founders never intended to grant authority to Congress to lay the kind of tax described in the so-called Fair Tax and it is not within the historically documented definition of the use of an excise or duty, and therefore, this tax would be unconstitutional right out of the chute. Finally, the Fair Tax is a bill. Beginning with the next Congress, they would begin to tamper with it, and would never stop. There would be nothing to stop them from raising the tax rate or from even reestablishing the income tax. What we need is a constitutional amendment repealing the 16th amendment. I haven't even scratched the tip of the iceberg. I could keep this up all day, but you know how I feel about lengthy blog posts. To sum it all up: The Fair Tax -- Not for it.

11 comments:

Vigilis said...

Lone Ranger-

Out of curiousity, I found Mr. Boortz passed the bar before graduating from law school in 1977, and had practiced law up until signing his contract with WSB in 1992. Congressman John Elmer Linder, though not a lawyer, had been a practicing dentist (at least painful extraction seems common to both professions).

On the topic of expected fraud, you are most correct (I have been a Certified Fraud Examiner), but you probably understate the magnitude of the actual fraud expectation. The largest threat to the proposal would be the sudden rise of bartered goods under a "gray market" economy.

In 1985, the U.S. Treasury was aware that the "undergound economy" was so huge that if properly taxed, it would have wiped out the deficit in one year (if memory serves, about $800B). Although political correctness has changed the name of the u.g. economy, the numbers today are even larger. Your question of how the government could assure compliance, therefore, seems very convincing in the negative.

Although I believe a lower federal sales tax is preferable to today's byzantine income tax regulations (am also a CPA), I favor exemptions for food, clothing, medicine, etc., as long as they are domestically produced.

Finally, the founding fathers understood implicitly that our Federal government (a monopoly) should tax only to pay for duties and obligations it alone is best suited to conduct (e.g. defense).
Otherwise, states should handle locally and tax as necessary. Of course, people would be free to move to states with less onerous and more equitable taxation schemes. Sounds a little like competition, doesn't it?

- Vigilis Lawyer Kickers pro bono

EdMcGon said...

Ranger, first I would recommend you read the Fairtax book before commenting on it. The implementation and enforcement of the Fairtax would be handled by the states. If a business is cheating on the tax, the state would be responsible for proper enforcement. I am sure an agency smaller than the IRS could handle collection of the tax from the states.

I do agree the 16th Amendment should be overturned. I doubt it will ever happen. So what kind of tax reform do you suggest?

Lone Ranger said...

I've already said it. Take all powers to tax individuals away from the federal government. Put it in the hands of the states. That is not federal money. And putting enforcement in the hands of the states would not make it any less difficult. The cost of enforcement alone would negate any benefits of the tax.

Chip said...

And I normally agree with everything you say... I think that the grand purpose of the Fair Tax is to get the government out of your paycheck and make you focus on what taxes you as a taxpayer are paying. There are some things that are far better as centralized expenses, like interstate highways, defense, and control of the money supply, but alot of what the government has its nose in is above and beyond what should be. The Fair Tax will take alot of power away from the federal government, which is unfortunately why it will not likely happen.

Lone Ranger said...

I am convinced that the only way to curb abuses of the tax system is to get the federal government out of taxing personal income. No matter how you phrase tax reform, those weasel politicians will find a way to pervert it. Used to be we were free to arm ourselves for protection and freely worship God. Look what they did to that. We need to get back to the original intent of the Constitution.

Casey said...

I've never been cyber-ding-dong-ditched before. Weird. Oh and, fye to taxes. Fye to borrowing money and fye to deficit spending too.

Lone Ranger said...

I have no idea what you just said but posted your comment to inform you that it's spelled "fie." And the proper usage is: how surprising, doubtful, or unbelievable. (fie! you expect me to believe that sorry excuse?)

Casey said...

Actually its not a word that shows up in any dictionary as far as I know, and according to Google both spellings are used in nearly equal frequency. I first saw it used in Shakespeare, and he spells it "fye". Whatever, maybe I should have just gone with "bah" or "bullocks" or similar rather than fie/fye.

Reagarding the cyber-ding-dong-ditch thing: you came ot my blog and posted a comment and then removed it all in the space of 2 minutes last night. I rarely get any visitors to my page, so when someone comes by randomly I like to look up thier profile. I'm assuming that you know what ding-dong-ditch is, but just in case you don't and at the risk of sounding pedantic, "Ding-dong-ditch" is a game most American kids have played where they run up to someone's house, ring the doorbell, and then run and hide to a spot where they can watch the confused resident open thier door to no one. I thought it was hilarious when I was nine.

I hope that clears things up for you.

Casey said...

oh ya, and as far as proper usage, I think it can alse be used to express general riduculousless or disdainfulness too, thus, "I say fye upon thee" and "fye to taxes." If I had phrased it, "fye taxes" would you have liked it better? I'm not sure this is really worth getting fussy about.

EdMcGon said...

Ranger, let me get this straight: You want a personal income tax managed by the states only?

Lone Ranger said...

I don't want ANY income tax. What I'm saying is that taxing persons is clearly one of those powers that the Constitution reserved to the states -- until the 16th amendment came along. Most states have income taxes now and they don't seem to be screwing it up. So, what's the problem?