Crunching the numbers to get good tax
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OPINION: The Tax Working Group will soon make public its report on the tax system and options for reform. The group's chairman, Professor Bob Buckle, pro vice-chancellor and dean of commerce at Victoria University of Wellington, gives his personal view.
When the Tax Working Group releases its report next week, it's only natural that people will want to leap straight to any suggestions for reform – and from there the focus and discussion will be on what the Government might do.
But the reason the group is able to make suggestions about what needs to change is that we have, over the last seven months, had well-informed and robust discussions about the New Zealand tax system, what the concerns are and what the options and challenges are to improve the system.
As a prelude to the release of the TWG's report, I have attempted to set out 10 key insights I've gained through this process, and from listening to the views of my work group colleagues, invited participants, and those who attended the public conference in December. The scale of some of the problems with the current tax system has been surprising.
1. The tax system needs to change. New Zealand's tax system was once regarded as one of the least distorting in the Organisation for Economic Co-operation and Development. But the world has changed and we haven't kept pace. Internationally, there has been a clear, continuous move toward lower tax rates and flatter tax structures among high and low income countries. Furthermore, piecemeal changes to our own tax system, although undertaken with good intentions, have accentuated distortions and increased opportunities to exploit the system.
2. We rely heavily on taxes that are most damaging to economic growth. A sound tax system should rely on taxes that minimise impediments to economic efficiency and growth. Yet about 70 per cent of our tax revenue comes from personal and corporate taxes, which are thought to be more damaging for growth.
This suggests that switching our taxes more toward less damaging bases, such as consumption or property, will help efficiency and growth.
3. Globalisation has increasingly exposed our tax system to international trends and particularly Australia's tax policy: Globalisation makes us increasingly vulnerable to international competition for capital and skilled labour, accentuating concerns with heavy reliance on personal and corporate taxes. We need to be cognisant of international trends in rates of personal and business taxes. With average OECD tax rates trending down, and Australia reviewing its tax system, we need to ensure our corporate and personal tax rates are competitive. Our 30 per cent corporate tax compares to an average rate of 26 per cent for small OECD countries. In terms of taxes paid by individuals, these are lower in Australia unless you earn over NZ$200,000 a year.
4. There is a hole in the taxation of capital that is influencing investment decisions. Like many other countries, New Zealand has a bias in favour of investment in owner-occupied housing by not taxing imputed rents. But, unlike other OECD countries, we do not generally tax capital gains on property. As a result, the tax system biases investment toward rental property.
A consequence has been high investment in rental property, but a steady decline in taxable income from this source since 2000. Last year about $500 million in net losses was claimed by people with rental properties. This was off an over $200 billion asset base, around four times the value of New Zealand's stockmarket.
5. Piecemeal changes have undermined the fairness and integrity of our tax system. Raising the top personal tax rate and breaking the alignment between corporate, trust and top personal tax rates in 2000 opened up opportunities and incentives for people to divert income to lower-taxed entities. People are using companies and trusts to shelter their personal income from the higher rates of personal income tax.
The amount of money in trusts increased more than 400 per cent in the eight years after the top tax rate was lifted to 39 per cent (it's now 38 per cent). There was a marked decline in growth of the number of people declaring taxable income in the high income brackets since the top personal tax rate was lifted, despite higher economic growth.
6. Working for Families has undermined the tax system. While Working for Families was introduced as part of the welfare system and provides valuable assistance to low income families with children, it has had two important implications for the tax system.
First, it has resulted in significant increases in effective marginal tax rates (the tax rate paid on any extra dollar of taxable income) for many taxpayers. Any family receiving Working for Families and with family income above $48,000 faces an effective marginal tax rate of 53 per cent or 58 per cent on the primary earner.
These are very high rates by international standards and can be a significant discouragement to employment participation.
Second, Working for Families has significantly increased the incentives for households to split or shelter their incomes in trusts or other entities in order to qualify for Working for Families. Nearly 10,000 families with rental properties were last year claiming tax losses and receiving Working for Families benefits.
These tax losses can influence whether they qualify for Working for Families and the size of the benefit they receive. At the moment, how people are taxed and how they receive government support (such as Working for Families, accommodation assistance or student allowances for their children) tends to depend on "taxable income" rather than total income or wealth.
7. The tax system has become too complex. The complexity of the rules around what does and does not constitute trading in property is an example of complexity of the tax system.
This complexity has increased compliance costs, and added to resources required by IRD to chase up tax compliance issues. IRD is currently trying to work out if about 2000 people who have bought and sold six or more properties in the last four years are "property traders" and therefore possibly liable for up to a total of $200 million in tax.
8. The sustainability of the tax system is at risk. A sound tax system should ensure the tax bases required to fund government expenditure are sustainable into the future. Yet our reliance on taxing internationally mobile capital and labour, and perceptions that our system is unfair, put at risk the sustainability of our tax bases. Furthermore, fiscal drag is quickly pushing average wage earners toward the top personal tax rates.
Unless there are changes to the current personal tax system, the percentage of income earners that will be subject to the top income tax rate of 38 per cent will rise from the present 9 per cent to around 24 per cent within 15 years. This process will increase incentives to divert income toward lower-taxed entities, or to migrate.
9. Our tax system falls short of world class. A world class tax system would be one designed to minimise distortions to efficiency and growth, be fair, minimise compliance and administration costs, be coherent and ensure the tax revenue base is sustainable. Global and domestic policy changes since the early 1990s have meant that our tax system now falls well short of being world class.
10. Something can be done and there are practical options for change. New Zealand can have a fairer tax system that minimises the costs of collecting taxes, reduces impediments to productivity and growth and positions it well for future challenges. Practical and possible options for change will be set out in the TWG's report.
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The insurance of (floating interest rate level) loans to small business would necessarily be government subsidised - from funds derived from increasing GST, or a land tax on rental property (and possibly a CGT on holiday homes as well, but without any annual land tax component on this form of property).
The process to reduce the number of individuals owning 2,3,4,5 or more houses while others and families are barely able to afford a roof over their heads is to constrain the ever-widening income gap - something which does not appear to concern the high income decile represented on this working group.
The most transparent and equitable tax ( offering the most opportunity for incentives such as for saving and targeting for social justice ) is progressive, marginal, personal income tax with avoidance avenues stymied.
Unless the government expropriates all private ownership of dwellings [Comment (1), NZ Herald editorial, Monday, 11 Jan 2010, Dr Graham Tayler, Ph.D (Accounting & Finance) (England)], someone will need to supply the market requirement for rental accommodation, Mark(#10).
Who will this be if private individual investors are dissuaded ... the government (taxpayer), New Zealand business entities, or foreign investors, or who else ?
You say that Justice(#4) has put his comment well, yet he is obviously of the belief that the Land Tax (which is not the proposed Capital Gains Tax) is directed at property investors. Although Justice(#4) infers it, I am not a property investor, and Bruce(#9) claims it would be a nonsense to impose a Land Tax on the first (or family) home and advocates it would be a sensible impost on investment property.
The Taxation Working Group's suggestion of imposing a Land Tax on the first home will severely impact propensity to save ( an issue which the TWG has given abysmal attention ), discourage permanent residency and creation of community and have a reductive effect on the average net worth of the New Zealand household.
Politically, the voter has to distinguish the taxation policies of the outgoing government which was to give a rates subsidy to pensioners and low income taxpayers to compensate them for paying more towards public services and utilities than non-property owning citizens with this Land Tax recommendation which will be tantamount to an increase in Local Authority rates for the non-business homeowner.
@ Bruce #9 - who would insure the small busienss lending? and why? if you were offering the insurance (i.e. taking the risk....) then surely you would want to be getting the appropriate returns. This is in fact what insurance comapanies do.
@ Justice #4 - agree, well put and bring it on.
Murray is quite right to be concerned about the impact of a land tax applying on primary homeowners - it would even impact on the level of mortgagee sales of working families (as well as those on fixed incomes). The idea is of course nonsense and I have presumed it is merely the opening gambit to prepare the way for a more politically acceptable land tax on rental property.
A CGT in this form ensures that all rental property owners are treated in the same way (including those who operate behind trusts). It also ensures a regular flow of income to government. There would still be a CGT liability when the property was finally sold (but this would depend on how much land tax was paid and how much capital gain there was over this time).
Any increase in price of rent makes home ownership more attractive. It is however important that money raised by the land tax is used to diminish speculation in (rental property) land by creating incentives to invest elsewhere.
I would halve current rates of tax on interest income from bank deposits, company bonds and the like - this to end tax on the inflation component of the interest level. The 39 cents rate to 20%, a 30 rate at 15% and the 19 cents rate to 10%. I would also suggest we need to have an insurance scheme for small business lending - where all loans made at the floating mortgage rate to small business were insured (this would end the need for small business to borrow against their homes and be limited to this level of borrowing when they were trying to become a medium-sized company). Larger companies would be better able to fund-raise if those taking up their bonds were taxed at lower levels.
Dan - Well given we disagree on the issue, of course you don't accept my opinion post and prefer the one where I present my supporting argument.
You overlook that the countries where New Zealanders work overseas - Australia, UK and USA (for higher wages) have higher top rates of income tax than we do and they do not have their top rate down at their company tax level. Other wealthier OECD countries in Europe collect more in tax as a share of the economy than we do. This shows there is no necessary correlation between lower tax rates and productivity increases.
I note that you like to let the market set the "rewards" for jobs - the thing is
1. Why then should the "market" need the help of government (cutting tax rates of those on higher incomes)?
2. Income disparity has a negative impact on economic growth and market globalisation is increasing this trend. So why should not government act to minimise the disparity rather than exacerbate it - that is focus tax cuts at the lower end and continue with WFF and minimise its tax effect by bringing in a less tax distorting concept such as non working partner access to the dole (which would diminish tax drag problems for many one job couples at least).
Professor Buckle talks about a more fair tax system - and clearly states that WFF has caused a problem for this, so he is inferring that WFF is causing unfairness and somehow this should change. As he raises no alternatives to WFF to support (in work) families, he is of course in ideological lockstep with those in National who opposed WFF from the beginning.
As for global market wage rewards for such professionals as doctors, we cannot compete with foreign salary rates - we compete on lifestyle. What government can do is collect enough taxes so it can provide incentives to retain staff. Clearly we need the option of tertiary debt write-offs, so that over 5-10 years of working here their debt is written off to zero. This not only retains graduates, but also provides an opportunity for those already OE to come back and clear their debt by working here, rather than working OE to pay off their debt. But cutting top rates of tax instead could leave us unable to afford this.
PS It's rather presumptuous to presume opposition to the naked greed of the higher income members of society only comes from "uneducated" people jealous of the pay of others. Frankly those who covet jobs for the (higher) salaries should keep their greed out of government policy development and certainly not presume that it is the government's job to increase their incomes any further as part of tax policy.
Dan - Well given we disagree on the issue, of course you don't accept my opinion post and prefer the one where I present my supporting argument.
You overlook that the countries where New Zealanders work overseas - Australia, UK and USA (for higher wages) have higher top rates of income tax than we do and they do not have their top rate down at their company tax level. Other wealthier OECD countries in Europe collect more in tax as a share of the economy than we do. This shows there is no necessary correlation between lower tax rates and productivity increases.
I note that you like to let the market set the "rewards" for jobs - the thing is
1. why then should the "market" need the help of government (cutting tax rates of those on higher incomes)?
2. (Increasing) income disparity has a negative impact on economic growth and market globalisation is increasing this trend. So why should not government act to minimise the disparity rather than exacerbate it - that is focus tax cuts at the lower end and continue with WFF and minimise its tax effect by bringing in a less tax distorting concept such as non working partner access to the dole (which would diminish tax drag problems for many one job couples at least).
Professor Buckle talks about a more fair tax system - and clearly states that WFF has caused a problem for this, so he is inferring that WFF is causing unfairness and somehow this should change. As he raises no alternatives to WFF to support (in work) families, he is of course in ideological lockstep with those in National who opposed WFF from the beginning.
As for global market wage rewards for such professionals as doctors, we cannot compete with foreign salary rates - we compete on lifestyle. What government can do is collect enough taxes so it can provide incentives to retain staff. Clearly we need the option of tertiary debt writeoffs, so that over 5-10 years of working here their debt is written off to zero. This not only retains graduates, but provides an opportunity for those already OE to come back and clear their debt by working here, rather than working OE to pay off their debt. But cutting top rates of tax instead could leave us unable to afford this.
PS It's rather presumptious to presume opposition to the naked greed of the higher income members society only comes from "uneducated" people jealous of the pay of others. Frankly those who covet jobs for the (higher) salaries should keep their greed out of government policy development and certainly not presume that it is the government's job to increase their incomes any further as part of tax policy.
The comment of Justice(#4) further evidences to me that there is a belief that the Taxation Working Group's proposed Land Tax is only applicable to property investors - it is obviously often confused with a Capital Gains Tax about which there has been clear assertion from politicians that there is no intention to apply it to the first (or family) home.
The proposed Land Tax is tantamount to an increase in local authority rates and has been proposed as a taxation impost on the first home.
I have not expressed any opinion concerning a Capital Gains Tax which excludes the first home, but bearing in mind the way rates have escalated to fund all manner of local authority capital and operating expenditure, I envisage a Land Tax inevitably compounding this situation to the extent that homeowners on fixed income are alienated from title to their dwellings by means of an unaffordable imputed rental equivalent.
Apart from affecting those on fixed incomes, I consider that there is a dissuasion accruing towards saving and investing in owner-occupied dwellings which will have wide-ranging adverse economic outcome.
Considering the matter of rented-dwelling investment, I would ask Justice(#4) just whom he thinks will be the alternative provider of the capital if individuals divest and withdraw - the government, New Zealand firms, or foreign investors ?
I would suggest to him that, apart from a drift to more opulent housing as the income gap pervasively widens, there is not over-investment in New Zealand's housing stock.
Bruce #2, #3, if it is the same person, your second post is much better than your first. Prof. Buckle does not say WFF is unfair, he says it is damaging to the tax system. (I DO think it's unfair, having children is a matter of personal choice, and just because I choose not to, or more accurately am having difficulty finding a partner to have them with, I don't see that I should have to subsidise other peoples').
Yes it is the job of employers to make employment in NZ more attractive, but an unhelpful tax system makes this a lot harder for them to do. And the overseas companies that are paying their staff higher wages are doing so upon the backs of more supportive tax systems than we have here.
I disagree with both you and Murray about the income gap scenario, I know it's a pet of Murray's but it irks me all the same. Some jobs are harder to do, require different sets of skills, and the market will set the rate. If doctors' salaries keep going up, more people will study to be doctors, there are more graduates looking for jobs, the rate comes back down. If you feel so desperately hard done by that someone earns so much more than you, upskill and get a higher paying job. Don't just sit there and moan that it's unfair and expect the Government to take from them and give to you.
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Mark #10, the insurance of (floating interest rate level) loans to small business would necessarily have to be government subsidised - possibly from funds derived from increasing GST, or a land tax on rental property (and possibly a CGT on holiday homes as well, but without any annual land tax component on this form of property). Though there is the alternatrive option of applying a mortgage surcharge on loans to "rental property investors buying existing property" to provide the funds for the subsidy, or even a full surcharge on all mortgage lending (which in lowering the base OCR would not necessarily increase total home financing cost). This option would prevent upward pressure on the dollar.