Tuesday, April 14, 2015

A more balanced critique of taxation concessions

Robert Carling (Centre of Independent Studies and formerly a Deputy Secretary in NSW Treasury) has written a very balanced critique of the purpose of taxation concessions, Right or rort? Dissecting Australia’s tax concessions, noting that many of these are actually significant structural features of the tax system which improve the effect of taxes on the efficient allocation of resources in the economy.

Carling’s premise is that, while action is needed to correct structural budget deficits, the criticism of tax concessions has lost sight of the legitimate reasons for many of them. In the search for budget savings, it is important to keep tax concessions in proper perspective and not throw out the good with the bad. The legitimate scope for additional revenue from cuts to concessions is much narrower than is often suggested.
Typically criticism of tax concessions relies heavily on the official estimates of tax expenditure published by Treasury in the annual Tax Expenditure Statement (TES), but a great deal of mythology has grown up around such expenditures. The inherent limitations of estimates are often overlooked and the figures are misinterpreted even against the advice of the Treasury. The caveats surrounding the estimates amount to a strong warning to users, but one that often goes unheeded by the critics of particular tax expenditures.

Each tax concession should be assessed on its own merits.
The 50% capital gains tax (CGT) discount is probably the most unfairly maligned of all tax concessions. There is a strong case that the optimal capital gains tax rate is zero. It is now part of the folklore surrounding capital gains tax that the reform in 1999 ‘halved’ the tax on capital gains. It did no such thing — as there was already an effective discount for inflationary gains — but there was a reduction in CGT, which was and remains sound policy. Further easing of CGT would be beneficial. Increasing the severity of CGT would be damaging to investment, and in any case it would not meet its advocates’ goal of raising significantly more revenue.

Negative gearing, although not classified as a tax expenditure, is criticised as a tax ‘rort’ that artificially boosts the demand for housing, and therefore house prices. However, deductibility of interest on borrowings made to undertake an investment is nothing more than a specific case of the general principle that expenses incurred in generating income are deductible for tax purposes. Rational investors will engage in negative gearing only in the expectation of future net income, which is taxable. A case for limiting deductibility of expenses could be justified only if rental income was in some way taxed concessionally, which is not the case.
Dividend imputation was once proclaimed as one of the significant reforms of the 1980s, but is now questioned by official inquiries such as the Henry tax review, the recent Murray Financial System Inquiry, the recently issued discussion paper for the white paper review. The effect of imputation is to eliminate double taxation of dividends as both company and personal income. Tax experts believe the benefits of this have diminished as Australia has become more open and integrated with global capital markets, while for the same reason international investment considerations weigh in favour of a lower company tax rate. Domestic capital market considerations, however, favour retention of imputation. Ideally both imputation and a lower company tax rate would apply, but fiscal constraints may preclude this.

Superannuation tax concessions present a large target to their critics, but the belief that these concessions are grossly excessive and poorly structured lacks firm foundations. Superannuation, with its long-term focus, is the best example of why saving needs to be taxed at relatively low rates to avoid tax-induced distortions. This principle is widely recognised in tax systems around the world — and Australia is no exception.
Statements often made about the huge fiscal cost of Australia’s superannuation tax concessions are based on the comprehensive income tax benchmark for measuring tax expenditures, but the characteristics of superannuation make it unsuitable for such a benchmark. The most appropriate benchmark is an expenditure tax under which contributions and fund earnings would be tax-exempt but end-benefits fully taxed. When measured against such a benchmark, tax expenditure on superannuation is much lower than commonly believed, or non-existent.

Apart from the overall fiscal cost, other issues to be addressed are: the large relativity between superannuation concessions and the tax rules for other forms of saving; the distributional effects of superannuation concessions; and the implications of tax-free superannuation benefits being available as early as age 60.
GST concessions are substantial, and removing some of them could raise as much revenue as another policy option often flagged: increasing the rate to 12.5%. In some cases, removing concessions is not straightforward — for example in education, health and medical services, the subsidy from government is such a large component (if not all) of the ‘price’ that imposing GST on them would discriminate against private providers. The problems with an extension of the GST base are least acute in the cases of uncooked food and water supply. However, equity and compensation issues loom large.

If reductions in tax concessions are found to be justified, they should form part of a broad, revenue neutral tax reform with offsetting reductions in income tax rates.

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