Tulane Economics Working Paper Series The Internal Revenue Service and the American Middle Class Bibek Adhikari Department of Economics Tulane University [email protected] James Alm Department of Economics Tulane University [email protected] Working Paper 1523 November 2015 JEL codes: A1, A2 The Internal Revenue Service and the American Middle Class Bibek Adhikari and James Alm Tulane University The United States Internal Revenue Service (IRS) is a federal government agency within the Department of the Treasury. It is responsible for administering all federal tax laws, including collecting taxes (issuing tax refunds), enforcing tax laws, and assisting taxpayers in meeting their tax obligations. The IRS was established in July 1862 with the passage of the Revenue Act of 1862, which established the nation’s first income tax to help finance the Civil War. The income tax was repealed 10 years later, and in 1884 Congress revived the income tax. However, within a year this tax was declared unconstitutional by the U.S. Supreme Court. In 1913, Congress amended the U.S. Constitution to allow for the imposition of an income tax with the passage of the 16th Amendment (“The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or emuneration”). The name of the agency was changed from its original name (Bureau of Internal Revenue) to its current name in 1953. During the Civil War and until World War II, the income tax was levied only on high income individuals. The initial marginal tax rate in the Civil War was only 3 percent, and even in 1913 the top rate was only 7 percent. Indeed, some individuals considered paying income taxes as proof of their financial success, and they proudly reported that they had paid their income taxes. By the time of World War II, the top rate was close to 90 percent. It was during World War II that the IRS greatly enlarged its scope to affect the vast bulk of the American middle class. This was due largely to the expansion of the individual income tax base to include most income earners and to the application of employer source withholding, both done in order to finance the war effort. During this period, the revenues of the IRS increased from $3.4 billion (4 percent of GDP) in 1936 to $40.7 billion (18 percent of GDP) in 1946. Also, the number of income tax returns increased from less than 4 million in 1933 to nearly 44 million in 1943, and the number of IRS employees nearly quadrupled during World War II. At present, the IRS collects roughly $3 trillion (18 percent of GDP) from 145 million tax returns using a total staff of over 100,000 and a budget of $11.6 billion. Marginal tax rates have varied enormously over time, reaching a top marginal tax rate of 92 percent in the 1950s before declining in the last several decades to 35 percent. See Tables 1 and 2. Table 1: The Size of the Internal Revenue Service and Gross Revenue Collections Year 1866 1876 1886 1896 Number of IRS Employees 4,461 5,184 3,292 3,991 Number of IRS Employees per 1000 Population 0.12 0.11 0.06 0.06 Gross Revenue Collections (in millions of dollars) $310.1 116.,8 116.9 146.8 Gross Revenue Collections (as percent of GDP) 3.42% 1.39 0.95 0.94 1906 1916 1926 1936 1946 1956 1966 1976 1986 1996 2006 2013 3,703 4,718 14,333 17,054 59,693 50,682 63,508 85,455 96,395 102,082 91,717 86,974 0.04 0.05 0.12 0.13 0.42 0.30 0.32 0.39 0.40 0.38 0.31 0.27 249.1 512.7 2,836.0 3,448.6 40,672.1 75,112.6 128,880.0 302,519.8 782,251.8 1,486,546.7 2,518,680.2 2,855,059.4 0.79 1.02 2.90 4.06 17.85 16.69 15.81 16.11 17.04 18.35 18.18 17.03 Sources: L. Shelley Davis, IRS Historical Fact Book: A Chronology 1646-1992, IRS Historical Studies, Washington, D.C. (1992); and IRS Data Book , Washington, D.C. (2013). Table 2: Number of Individual Income Tax Returns and the Top Marginal Tax Rate Top Marginal Tax Rate Number of: (in percent) Year Income Tax Returns Taxable Returns Nontaxable Returns 7% 1913 357,598 ----43.5 1923 7,698,321 4,270,121 3,428,200 63 1933 3,723,558 1,747,740 1,975,818 88 1943 43,602,456 40,318,602 3,283,854 92 1953 57,838,184 45,223,151 12,615,033 91 1963 63,943,236 51,323,221 12,620,015 70 1973 80,693,000 64,267,000 16,425,000 50 1983 96,321,310 78,016,323 18,304,987 39.6 1993 114,601,819 86,435,367 28,166,452 35 2003 130,423,626 101,392,812 29,030,814 35 2012 144,928,472 108,995,860 35,932,612 Source: IRS Statistics of Income, Washington, D.C., various issues. The individual income tax is the largest single component of the $2.9 trillion in revenue that IRS collected in 2013. Included here is the administration of the Earned Income Tax Credit (EITC), which is a wage supplement that supports low- and moderate-income workers with children. At present, it is nation’s largest federal anti-poverty program, and in 2013 more than 18 percent of income tax filers received the EITC with a $2407 credit. Apart from the individual income tax, the IRS also administers the collection of income taxes from businesses, employment taxes (Medicare, Medicaid, and Social Security taxes), the estate tax, the gift tax, and all federal excise taxes (e.g., alcohol, tobacco, fuels). Table 3 provides the number of returns and the gross amount of revenue collected in 2013 from each of the major tax types. Table 3: Number and Amount of Tax Collections and Refunds, by Type of Tax, 2013 Returns Collections Refunds Tax (in thousands) (in thousands of dollars) (in thousands of dollars) Individual Income Tax 145,996 $1,539,658,421 $312,775,138 Business Income Taxes 39,039 311,993,954 41,569,223 Employment Taxes 29,958 897,847,151 6,375,725 Estate Tax 32 14,051,771 963,243 Gift Tax 313 5,778,377 84,086 Excise Taxes 909 61,033,674 1,137,764 Source: IRS Statistics of Income, Washington, D.C. (2013). Another way in which the IRS affects American middle class is through its role as the largest spending agency in the federal government. After World War II and especially in the 1980s, many “tax expenditures” were introduced or expanded to include the middle class, where a tax expenditure represents a revenue loss due to exemptions, deductions, credits, and other special provisions. The IRS therefore “spends” via foregone tax revenues on housing, on health programs, on promoting saving and investment, on education, on child support, and so on. Some of the tax expenditures are larger than the budgets of the departments that spend money for the same purposes. For example, the tax expenditures for homeownership exceed total spending by the Department of Housing and Urban Development. In 2015, IRS-administered tax expenditures are estimated to equal more than $1.2 trillion, or roughly 7 percent of GDP. Some of the tax expenditures that are most relevant to the middle class Americans are the exclusion of employer contributions for medical care and pensions, the mortgage interest deduction, the exclusion of net imputed rental income, the exclusion of capital gains, the various deductions for state and local taxes, the deduction for charitable contributions deduction, and the child tax credit. See Table 4. Many of these benefit disproportionately higher income individuals, given that the tax benefit of any deduction is larger for individuals in higher marginal tax brackets. Table 4: Estimated Tax Expenditures, 2015 Tax Expenditure Type Exclusion of employer contributions for medical care Deductibility of mortgage interest on owner-occupied homes Exclusion of net imputed rental income Capital gains (except agriculture, timber, iron ore, and coal) Defined contribution employer plans Deferral of income from controlled foreign corporations Capital gains exclusion on home sales Deductibility of nonbusiness state and local taxes, other than on owner-occupied homes Deductibility of charitable contributions, other than education and health Defined benefit employer plans Estimated Amount (in millions of dollars) $207,200 73,910 79,810 68,850 61,050 75,540 56,510 49,290 46,630 42,340 Exclusion of interest on public purpose State and local bonds Deductibility of State and local property tax on owner-occupied homes Step-up basis of capital gains at death Social Security benefits for retired workers Self-employed plans Treatment of qualified dividends Exclusion of interest on life insurance savings Child tax credit Total Tax Expenditures, All Categories Source: Office of Management and Budget, Analytical Perspectives, Washington, D.C. (2014). 35,010 33,880 32,370 29,840 25,530 26,650 23,040 23,500 1,241,615 The IRS has on many occasions been the source of controversy. In the 1990s, the IRS was accused of abusive and aggressive behavior. Senate hearings were held, leading to the passage of the Taxpayer Bill of Rights, which ensured taxpayers of greater protection in any disputes with the IRS and which also established the Office of the Taxpayer Advocate. More recently, the IRS was accused of targeting for special scrutiny conservative organizations (e.g., “Tea Party” groups) that were applying to the IRS for nonprofit and tax-exempt classification, again leading to Congressional hearings in 2013 and 2014. An important part of IRS activities is enforcement of the tax laws. The IRS attempts to improve taxpayer compliance by several main strategies: providing better services to taxpayers, simplifying the tax code, and auditing taxpayers. The number of tax audits has generally fallen over time, to less than 0.8 percent of all returns in 2013. Even so, the IRS has achieved some success in maintaining taxpayer compliance. The so-called “tax gap”, or the taxes that should be paid but are not, is estimated to equal $450 billion in 2006, the most recent year for which detailed estimates are available. This estimate implies that the voluntary compliance rate is 83.1 percent, or that nearly 5/6 of all legally due taxes are paid. Voluntary compliance is significantly higher for income subject to employer withholding, approaching nearly 100 percent for the largely middle class individuals who receive only wage income.
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