The New York Times is reporting that President Obama will propose a new minimum tax rate for millionaires later this week, designed to ensure that upper-income filers pay at least the same proportion of their income as “middle-income taxpayers”, though what the latter means exactly is anyone’s guess until the White House releases the full details. The proposal is essentially saying that once you hit $1 million in AGI, then no matter how many tax deductions you claim or how much of your income comes from dividends or capital gains, you must pay at least some minimum percent, say, hypothetically, 25%. It’s been dubbed the “Buffett Rule” after billionaire Warren Buffett, whose recent Times op-ed was only the latest in years of broadsides arguing the merits of taxing the rich more.
Now, the U.S. tax code already has a similar feature imposing a minimum tax rate on upper-income filers. It’s called, well, the Alternative Minimum Tax or AMT. But where the “Buffet Rule” is in principle elegant and simple, the current AMT is onerous and byzantine. Also, the AMT can kick in for married filers beginning at $175,000 of AGI, and though this threshold is not supposed to grow under current law, Congress regularly scrambles to “patch” the threshold for inflation lest middle-class filers start to become subject to the AMT.
There are three plausible ways of replacing the AMT. The first is simply eliminating it with no further offsets, but that would just exacerbate the problem Buffett has been focused on. The second is obviating it by eliminating most of the deductions and exemptions in the tax code as well as the preferred rates for capital gains and dividends. The Simpson-Bowles plan proposed doing exactly this, and I consider it the first best option. The third is replacing the AMT with something simpler and more targeted, and the “Buffett Rule” definitely qualifies. While there’s no indication that the Obama administration is proposing to replace the current AMT with the “Buffett Rule”, they should seriously consider it.
One final point: economist Greg Mankiw doesn’t buy Buffett’s critique of the tax code, arguing that data on effective federal tax liability show that the system is still firmly progressive. And indeed, when you look at effective federal income tax rates by different income percentiles, he seems to be right in the aggregate:
But the rich rely more heavily on capital income than do the poor, so let’s now focus on the effective tax rate of just one type of capital income, capital gains:
While Mankiw’s right that the income tax system in the aggregate is progressive, Buffett’s probably right that there are individual circumstances—such as reliance on capital income—when this progressivity breaks down and you have a boss paying a lower effective rate than his secretary. I’ll be interested to see the CBO/JCT score of the idea, should it ever get legislative language. I doubt it would raise much revenue even if it passed, but the president is clearly betting the American people think the tax code is unfair, and that’s a bet I think he’ll win.


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