
Vol. 2 No. 11 May 29, 2001
by Guest Blogger, 7/17/2002
In This Issue
The Tax Bill and Charities
Estate Tax Preserved
Campaign Finance Reform, Voter Info, Turnout Efforts
Charitable Choice Roundup
Bush's Misdirected Attacks and Charitable Choice
Streamlining Federal Grant Process Proposal
Graham Nomination Moves Forward
Tech Help: SPAM and Bulk E-mail
SIDE BAR: Taxes: The Amazing Shrinking Surplus Nonprof Sector: Campaign Finance Reform; PAC Spending; Health Care Lobbying; Nonprofits' Success; Young Americans Digital Action Toolkit
Announcements
The Tax Cut Bill and You
By now, everyone knows that Congress passed the largest tax cut (H.R. 1836) in twenty years. On May 26, the House voted 240 to 154 in favor of the bill with 28 Democrats and one Independent voting in favor of it. The same day, the Senate voted 58-33 in favor, with 12 Democrats joining 46 Republicans; the only Republicans opposing were John McCain (R-AZ) and John Chaffee (R-RI).
With the tax bill done, and Congress taking a week-long respite from their labors, some folks are eagerly anticipating their (up to) $300 rebate - that's $25 a month - from the retroactive marginal rate reduction intended to stimulate the economy. Others are celebrating the fact that the estate tax - once thought to be a sure bet for extinction -
is only repealed for one year, leaving us with ten years to fight the good fight for its ultimate preservation. Many are scratching their heads over the enormously complicated and slow phase-in of tax cuts, with many cuts becoming fully effectively only shortly before they "sunset," or cease to be, as of December 31, 2010.
When all is said and done, though, this tax bill is not only the largest since the Reagan debacle of 1981, it is also the most convoluted, poorly designed and devious tax cut in the history of tax bills. It became clear early in the budget process that enacting a tax cut to use up the surplus was the primary budgetary goal with no regard for other pressing budget needs over the next two decades. Once that was settled, squeezing in all the provisions that were politically necessary for passage so that the bill would not exceed the $1.35 trillion cost over ten years became the next legislative goal. Rationality, thinking ahead, and genuinely planning how best to use the federal budget surpluses all fell by the wayside.
Why is this such a bad bill?
- It is filled with gimmicks. Congress has shoe-horned an 11-year bill into 10 years in order to make it appear that it costs only $1.35 trillion. For example, the marginal tax rate reductions cost $118.4 billion in 2010. In 2011, they cost only $38.7 billion. The reduction in 2011 is because the bill sunsets, but budget rules require 2011 to be counted in calculating whether the $1.35 trillion ceiling has been breached. So the solution ... sunset the bill in 2010 and make believe it won't cost much. There are other gimmicks. Besides the overall sunset provision, some provisions of the tax bill expire even sooner, for example, phasing out popular provisions like tuition deductions, knowing that they will be extended. Another way to cut the cost of the tax bill is requiring corporate tax payments to occur on October 1 this year instead of September 15. This was done to get more revenue in the next fiscal year so that they would not be raiding the Social Security and Medicare trust funds. Both those in favor of these tax cuts and those opposed to them are finding it hard to call the sunset provisions a victory. On the one hand, those in favor of tax cuts as a way of limiting government spending on anything else, can only claim a partial victory for the next ten years, though they correctly anticipate that it will be difficult not to legislate continued cuts during the following decade. On the other hand, those who think that the tax cuts are ill-advised and will strangle important government initiatives, have good reason to continue working to insure that, during the next ten years, more thought and care can be given to the content of the tax cuts, so all is not lost.
- According to some estimates, the estimated cost for the next decade (from 2012-2021, just at the time the baby-boomers are retiring in full force and health care costs are climbing) is $4.3 trillion, making this an important issue. There will likely be a major policy debate about the affordability of these tax policies and other priorities, probably around 2007.
- In addition to keeping costs low with the sunset provisions, the tax cuts in the bill are phased in very slowly - in some instances, like the marriage penalty relief, the phase in doesn't even begin until 2005. Even more startling, the problem with the Alternative Minimum Tax, which will apply to more middle-income taxpayers because of the new marginal rate reductions, are partially addressed from 2001 through 2004, but not after. So, unless this is corrected, a number of taxpayers will see their marginal rates drop while their AMT liability goes up, leaving them with a higher tax bill.
- Some tax cut measures, which are always extended year after year, and most certainly will be extended this year too, like the Research and Experimentation tax credit, are not included in this bill. Add to that the necessity to correct the Alternative Minimum Tax problem, and the real cost of taxes for the next ten years becomes much higher.
- For a number of reasons, it is entirely likely that more tax cuts are in the offing. This bill was overall focused on individual taxpayers and not corporate interests, who will continue to lobby hard for tax relief. Most of the charitable giving provisions were not included in this bill (see related story). The President's new energy plan includes even more tax cuts. While the new Democratic majority in the Senate will likely put a halt to many tax cut efforts, it is almost certain that extending those tax cut provisions that are popular like the Research and Experimentation Tax credit, and fixing the Alternative Minimum Tax problem will be legislated, eating up more of the surplus.
- Retroactively, to January 1, 2001, creates a new 10% marginal rate. Instead of paying the previously lowest 15% rate on the first $6,000 income for individuals, $10,000 income for single heads of household, and $12,000 for married couples, the new 10% rate will apply. Rebate of 5% of taxes paid in FY 2000 will be made-up to $300 for individuals, $500 for single heads of household, and $600 for married couples filing joint returns. The new 10% bracket will remain. Checks are to be issued to all FY 2000 filers (who filed on time) before October 1, 2001. Late filers will get late checks.
- Beginning July 1, 2001, phases in marginal rate reductions reducing the 39.6 bracket to 35%, the 36% bracket to 33%; the 31% bracket to 28%, and the 28% bracket to 25%. These rates will all be fully phased in by 2006.
- Phases out the overall limits on itemized deductions and personal exemptions by December 31, 2009.
- In 2005, the bill begins phasing in marriage penalty relief by increasing the standard deduction for those filing joint returns to twice the standard deduction for single filers. It also will increase the 15% income bracket for married couples to twice that of single filers.
- Increases the child tax credit from $500 to $600 in 2001-2004; $700 in 2005-2006, $800 in 2009, and $1000 in 2010. The bill also allows for partial refundability of the child care credit-a big legislative victory for advocates for low-income people. The credit is refundable up to 10% of earned income in excess of $10,000 and up to 15% in 2005 and continuing until it expires December 31, 2010. The bill also provides that these payments will not count as resources for purposes of any Federal or federally financed State or local program.
- Includes provisions to increase retirement savings and pension coverage, including increasing allowable contributions to Roth IRA accounts from $2,000 to $5,000 and contributions to 401(k) plans from $10,500 to $15,000. These are phased in.
- A number of education related tax breaks, including increasing contribution limits to education savings accounts, making the employee- provided education assistance provision permanent, and providing a deduction for qualified higher education programs.
- Provides limited Alternative Minimum Tax relief that, however, ends in 2004.
- Non-itemizer Deduction. Arguably the most popular tax provision within the nonprofit community that Congress is considering this year. This provision would allow those who do not itemize on annual tax returns to receive a deduction for charitable contributions. There are different versions of this provision: some allow the deduction to occur with any contribution amount; others put a floor - one proposal is $500 - before the deduction kicks in. In the House, the non-itemizer is now linked with charitable choice and other faith-based initiatives promoted by the President (see H.R. 7, Community Solutions Act). There are a number of other initiatives (see chart). At this time, not much activity is occurring with these bills. The non-itemizer has an uphill fight to get enacted. First, it is considered very costly, especially after the current tax has gobbled up an enormous part of the surplus, leaving very little for other priorities such as prescription drugs. Even versions that have a floor may be too costly. Second, it is criticized by some tax experts as subject to fraud. People who utilize the non-itemizer deduction can get away with making up contributions they gave, some experts argue. Third, if the provisions continue to be linked to charitable choice, which is considered highly controversial, it will be very difficult to pass. Finally, it is uncertain how many, if any, tax bills will pass Congress now that the Democrats control the Senate. Majority Leader Tom Daschle (D-SD) said over the weekend that any future tax bills will require an offset to be considered. Thus, the non-itemizer would have to come at the expense of something else.
- IRA Rollover. The Senate version of the tax bill allowed tax-free withdrawals from Individual Retirement Accounts (IRAs) for charitable purposes – another idea popular in the nonprofit community. However, it would not have phased in until 2010 – and since the tax bill sunsets at the end of 2010, it would hardly be a victory. Moreover, the provision that charities have advocated call for the IRA rollover to kick in at age 59 1/2, but in the tax bill it doesn't kick in until age 70 1/2 In any case, the final tax bill dropped the IRA rollover provision entirely. There is a broader IRA rollover provision in the House charitable choice bill, H.R. 7. Like the non-itemizer deduction, it will face a hurdle because of the uncertainty of future tax bills and its linkage with charitable choice.
- Artistic Contributions. The Senate version had a provision that would encourage charitable contributions of literary, musical, or artistic compositions by assessing the value of the contribution at fair market value, rather than the cost of materials. The final bill dropped this provision.
- Lobbying Simplification. The Joint Committee on Taxation (JCT) recommended changes to simplify the tax code that would help charities that want to engage in public policy debates. The JCT proposed eliminating the distinction between grassroots (or indirect) and direct lobbying. Instead, lobbying of any type would be counted under one expenditure ceiling, which would be the current ceiling for direct lobbying. Some charities have proposed adjusting the ceiling for inflation since it has not changed since 1976. Some hoped that the revision would have been in the tax bill sent to the President. But it was not in the bill.
- Section 527 Campaign Finance Disclosure. The Senate version had a provision that would exempt PACs (Section 527 groups) that report to state and local election agencies and do not work on federal elections. These PACs would no longer have been required to file financial disclosure reports with the IRS, but would have continued to file a notice of their existence. The provision was dropped in the final bill.
- Tax Exempt Bonds for Reducing Arsenic in Drinking Water. The Senate version created tax-exempt bond authority for treatment facilities reducing arsenic levels in drinking water. The final bill dropped this provision.
- Estate Tax Changes. Nothing else in the tax bill has as large an impact on charities as changes made to the estate tax. (See related story.) The bill makes two changes that could affect charitable contributions: increasing the amount of money that is excluded from taxation, and lowering the tax rate. It is difficult to estimate the impact these changes will have on charitable bequests. It is known that three-quarters of charitable bequests come from estates valued at $2.5 million or above. Between now and 2008, the amount exempted from taxes increases from $1 million to $2 million. Thus, the change is likely to affect the estates that give in total slightly less than one-quarter of charitable giving, roughly $3.4 billion. In 2009, the exemption amount increases to $3 million, increasing the stakes for charities. Moreover, the impact reducing tax rates has on charitable giving is unknown, and the interaction of reducing tax rates and increasing amounts exempted from taxation is even more uncertain. One change in the estate tax – the phasing out by 2005 of the state tax credit – is likely to have an indirect impact on charities. Most states have a "pick up" tax, meaning that a portion of the money collected by the federal government under the estate tax goes to them. This provides sizable revenues in many states. Thus, the repeal of the state tax credit will mean either that states will need to impose a new tax or face revenue shortfalls. If there are revenue shortfalls, it could mean cuts in services that charities help deliver.
- Allow More Itemized Deductions. The tax bill eliminates the overall limitation on itemized deductions for all taxpayers. It is reduced by one-third in 2006 and 2007, and by two-thirds in 2008 and 2009. It is eliminated in 2010. Presumably this would have some effect on charitable giving.
- Federal assistance to state and local governments to replace outdated or unreliable equipment (including elimination of the punch card system);
- No federal mandated solutions;
- Voter education and poll worker training
- Development of a model election code
- Research and development grants for equipment manufacturers.
