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Border Tax Adjustments
  The Key to US Competitiveness




Presented by David A. Hartman of The Lone Star   1
Foundation with the assistance of IAS Group
Overview
 I will be addressing 3    First – the serious state of our
  main points.               US manufacturing sector and
                             the similar prospects for
                             business services;

                            Second – the ways the IRS
                             Code is at the root cause for
                             this state of affairs; and

                            Third – what can be done to
                             remediate the tax code to
                             enable a return to growth and
                             prosperity of US manufacturing
                             and business services.



                                                                2
Background
 Following WWII, the US led the movement
  toward the end of protectionism and the
  prevention of war.
 As a consequence, the GATT established
  general rules of fair trade, which progressively
  lowered industrial country tariffs from 40% to a
  current average of 3-4%
 Other rules were created to establish a level
  playing field for all members. The one which has
  caused difficulty for the US tax system is the
  subsidy rule on border tax adjustments
                                                     3
Taxes - The #1 US Trade Problem
                                        TYPE            EXAMPLE                 BORDER
                                                                              ADJUSTABLE?
 The WTO differentiates
  between direct and indirect tax

 Rebate of direct taxes (such as    DIRECT         PAYROLL                   NO = SUBSIDY
  on income) is deemed illegal       (on income)    PERSONAL INCOME
                                                    CORPORATE
  export subsidy                                    TAXES
                                                    DISC, FSC, ETI
                                                    (not border
 Indirect taxes levied on imports                  adjustable)
  and rebated on exports (such
  as value added taxes) are          INDIRECT       BUSINESS                  YES = NO SUBSIDY
                                     (on            TRANSFER TAX
  deemed legal                       consumption)   VALUE ADDED
                                                    RETAIL SALES TAX
                                                    (all border adjustable)


                                                                                             4
How BTAs Work
 Exporter receives
  rebate of the tax at
  border

 Importer must pay
  tax at border




                         5
Impact on Relative Prices

                   UNITED STATES

                   Local Price: $100




                 Starting price of good in US – a non-BTA country
                                                                    6
US Export/Import to/from Germany
                                  United States
                                 Local Price: $100




Result: US exporters are penalized by a factor
of $16.00 when exporting to Germany
                                                          Germany
US producers are penalized by a factor of             Local Price: $100
                                                     Standard VAT Rate:
$13.79 on imports from Germany                              16%


                                                                          7
US Export/Import to/from Mexico
                      United States
                     Local Price: $100




                         Result: US exporters are penalized by a
                         factor of $15.00 when exporting to Mexico
     Mexico
 Local Price: $100       US producers are penalized by a factor of
Standard VAT Rate:       $13.05 on imports from Mexico
       15%                                                           8
Export/Import to/from BTA Countries


    HOWEVER, when trade occurs between two
    countries with BTAs – some or ALL of the penalty
    disappears
    But as you can see, the country with the higher BTA
    still provides a relative advantage for its domestic
    producers



     Mexico                                                     Germany
 Local Price: $100                                          Local Price: $100
Standard VAT Rate:                                         Standard VAT Rate:
       15%                                                        16%


                                                                            9
What this means . . .
 Currently, US exporters of goods/services
  receive NO rebate of any US tax paid at the
  border and are taxed when entering a foreign
  market – thereby DOUBLE taxing the US export
 By choosing NOT to levy any tax on imports, the
  US effectively subsidizes all imports
 When competing with foreign goods, whether in
  the US or in international markets, US producers
  are placed at a severe disadvantage by the US
  tax code
                                                 10
Surge of BTAs Worldwide
 Since WWII, over 125                 140
  countries have adopted some
  form of legal Border Tax             120
  Adjustment (BTA)
 All Organization for Economic        100
  Co-operation and
  Development (OECD)                    80
  countries EXCEPT the US
  have BTAs                             60
 The average OECD BTA is
                                        40
  17.7%
 The range of BTAs is 10-25%           20

                                         0
                                         1960 1968 1976 1984 1992 2000
                                                                          11
                                  Number of countries with BTAs by year
The Bottom Line
 Since the late 1960s, US Manufacturing share of GDP
  has declined by 50%

 The US currently has a trade deficit with almost EVERY
  trade competitor in almost EVERY CLASS of goods.
  The US only produces $2 of every $3 of goods it
  consumes, and only $1 of every $3 of information
  technology goods (EDP and telecommunications)

 US Manufacturing has lost over 3.5 million jobs since
  1998

 Growth of outsourcing threatens loss of service-based
  jobs as well
                                                           12
The Answer


 To restore American competitiveness, any
 tax reform must (a) incorporate a border
 adjustable tax; and (b) shift all or most of
 the tax burden from income and to
 consumption



                                            13
BTAs in America –
             How would they help?
 BTAs are the SINGLE largest           BTAs are WTO compliant
  measure to correct the                BTAs are free trade consistent
  unsustainable trade deficit –         BTAs will reduce American
  ensuring reciprocal tax                dependence on foreign
  treatment for US imports and           financing and promote
  exports                                domestic saving for investment
 BTAs are levied on all imports
  and rebated on all exports
 Rebates on exports are not
  reserved solely for large
  exporters, but are a right for all




                                                                     14
What we propose


 REPLACE (not add onto) current federal
 income taxes, with a consumption based
 BTA




                                          15
Types of Border Adjustable
Consumption Taxes
 Retail Sales Tax                Proponents argue for a 23% rate to
                                     replace all other taxes. As
                                     exemptions are made, the tax
                                     must rise, therefore realists advise
                                     a 30% rate.

 Credit Invoice Value Added      Collected on every transaction –
  Tax (similar to European VAT)      requires extensive record keeping.
                                      Complex and burdensome.




 Subtraction Method Business     Simplified form of VAT. Requires
                                     standard corporate financial
  Transfer Tax (BTT) **              records. All businesses would pay,
                                     evasion difficult and ALL capital
                                     investment could be expensed

                                                                       16
Possible Options for Adoption of
Consumption BTT
 Option 1: 17.5% BTT which
   Sunsets IRS Code
   Replaces ALL federal income, capital and
    personal taxes (except for employees’ share of
   Social Insurance and Medicare)
   Pays transition costs




                                           OR    17
Option 2 – Phase in

 Step 1: 5.25% BTT
  which
   Replaces corporate
    income tax, corporate
    welfare expenditures,
    employer social insurance
    taxes and inheritance and
    gift taxes
   But keeps other taxes
    same

                                18
Option 2 (continued)
 Step 2
   Raise BTT to 11%
   Drop personal income tax to FLAT 11%, keeping
    current deductions allowed by Code
 Step 3
   Raise BTT to 17.5% which
   Sunsets IRS Code
   Replaces ALL federal income, capital and
    personal taxes (except for employees’ share of Social
    Insurance and Medicare)
   Pays transition costs

                                                            19
BTT – A Fair Solution
 Corporations will be assured the benefit of unused
  depreciation and lost carryovers
 A consumption tax ends double taxation of dividends
  and promotes saving for investment
 The individual taxpayer chooses how much and when he
  pays tax – i.e. only pay tax on what taxpayer consumes
 To address regressivity, individual taxpayers could be
  reimbursed the BTT on necessities, etc.
 “Hybrids” have been suggested which would be better
  than the current code (e.g. a reduced BTT with a retail
  sales tax, etc.)


                                                        20
Summary
 A border adjustable consumption tax MUST BE a
  component of any reform of the US tax system

 BTAs would substantially reduce the trade deficit and
  provide a powerful incentive for Americans to save,
  invest, produce, and export

 The border adjustable tax should replace and not be
  added to existing income and capital taxes

 The tax changes should also ensure that low income
  persons are not disadvantaged

 ANY BTA would be an improvement, but the BTT is the
  best alternative
                                                          21
Appendix




           22
Failed US Response
 Three times in the last 30 years the
  US has amended the tax code to
  provide a tax subsidy to selected
  exports – the DISC, FSC and ETI
 ALL were found to be ILLEGAL
  rebates (subsidies) of direct taxes
  under the WTO and had to be
  repealed
 Even when in effect, NONE of them
  could be applied to imports
                                         23
Failed US Response

 Any income tax rebate will face same legal
  problems at the WTO

 In the WTO Doha round, the US is
  seeking to obtain equal treatment for
  direct/indirect taxation. In effect, the US
  aims to convince 125 other nations to
  abandon their beneficial BTAs – this is
  hopeless.
                                                24

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Border tax adjustments

  • 1. Border Tax Adjustments The Key to US Competitiveness Presented by David A. Hartman of The Lone Star 1 Foundation with the assistance of IAS Group
  • 2. Overview  I will be addressing 3  First – the serious state of our main points. US manufacturing sector and the similar prospects for business services;  Second – the ways the IRS Code is at the root cause for this state of affairs; and  Third – what can be done to remediate the tax code to enable a return to growth and prosperity of US manufacturing and business services. 2
  • 3. Background  Following WWII, the US led the movement toward the end of protectionism and the prevention of war.  As a consequence, the GATT established general rules of fair trade, which progressively lowered industrial country tariffs from 40% to a current average of 3-4%  Other rules were created to establish a level playing field for all members. The one which has caused difficulty for the US tax system is the subsidy rule on border tax adjustments 3
  • 4. Taxes - The #1 US Trade Problem TYPE EXAMPLE BORDER ADJUSTABLE?  The WTO differentiates between direct and indirect tax  Rebate of direct taxes (such as DIRECT PAYROLL NO = SUBSIDY on income) is deemed illegal (on income) PERSONAL INCOME CORPORATE export subsidy TAXES DISC, FSC, ETI (not border  Indirect taxes levied on imports adjustable) and rebated on exports (such as value added taxes) are INDIRECT BUSINESS YES = NO SUBSIDY (on TRANSFER TAX deemed legal consumption) VALUE ADDED RETAIL SALES TAX (all border adjustable) 4
  • 5. How BTAs Work  Exporter receives rebate of the tax at border  Importer must pay tax at border 5
  • 6. Impact on Relative Prices UNITED STATES Local Price: $100 Starting price of good in US – a non-BTA country 6
  • 7. US Export/Import to/from Germany United States Local Price: $100 Result: US exporters are penalized by a factor of $16.00 when exporting to Germany Germany US producers are penalized by a factor of Local Price: $100 Standard VAT Rate: $13.79 on imports from Germany 16% 7
  • 8. US Export/Import to/from Mexico United States Local Price: $100 Result: US exporters are penalized by a factor of $15.00 when exporting to Mexico Mexico Local Price: $100 US producers are penalized by a factor of Standard VAT Rate: $13.05 on imports from Mexico 15% 8
  • 9. Export/Import to/from BTA Countries HOWEVER, when trade occurs between two countries with BTAs – some or ALL of the penalty disappears But as you can see, the country with the higher BTA still provides a relative advantage for its domestic producers Mexico Germany Local Price: $100 Local Price: $100 Standard VAT Rate: Standard VAT Rate: 15% 16% 9
  • 10. What this means . . .  Currently, US exporters of goods/services receive NO rebate of any US tax paid at the border and are taxed when entering a foreign market – thereby DOUBLE taxing the US export  By choosing NOT to levy any tax on imports, the US effectively subsidizes all imports  When competing with foreign goods, whether in the US or in international markets, US producers are placed at a severe disadvantage by the US tax code 10
  • 11. Surge of BTAs Worldwide  Since WWII, over 125 140 countries have adopted some form of legal Border Tax 120 Adjustment (BTA)  All Organization for Economic 100 Co-operation and Development (OECD) 80 countries EXCEPT the US have BTAs 60  The average OECD BTA is 40 17.7%  The range of BTAs is 10-25% 20 0 1960 1968 1976 1984 1992 2000 11 Number of countries with BTAs by year
  • 12. The Bottom Line  Since the late 1960s, US Manufacturing share of GDP has declined by 50%  The US currently has a trade deficit with almost EVERY trade competitor in almost EVERY CLASS of goods. The US only produces $2 of every $3 of goods it consumes, and only $1 of every $3 of information technology goods (EDP and telecommunications)  US Manufacturing has lost over 3.5 million jobs since 1998  Growth of outsourcing threatens loss of service-based jobs as well 12
  • 13. The Answer To restore American competitiveness, any tax reform must (a) incorporate a border adjustable tax; and (b) shift all or most of the tax burden from income and to consumption 13
  • 14. BTAs in America – How would they help?  BTAs are the SINGLE largest  BTAs are WTO compliant measure to correct the  BTAs are free trade consistent unsustainable trade deficit –  BTAs will reduce American ensuring reciprocal tax dependence on foreign treatment for US imports and financing and promote exports domestic saving for investment  BTAs are levied on all imports and rebated on all exports  Rebates on exports are not reserved solely for large exporters, but are a right for all 14
  • 15. What we propose REPLACE (not add onto) current federal income taxes, with a consumption based BTA 15
  • 16. Types of Border Adjustable Consumption Taxes  Retail Sales Tax Proponents argue for a 23% rate to replace all other taxes. As exemptions are made, the tax must rise, therefore realists advise a 30% rate.  Credit Invoice Value Added Collected on every transaction – Tax (similar to European VAT) requires extensive record keeping. Complex and burdensome.  Subtraction Method Business Simplified form of VAT. Requires standard corporate financial Transfer Tax (BTT) ** records. All businesses would pay, evasion difficult and ALL capital investment could be expensed 16
  • 17. Possible Options for Adoption of Consumption BTT  Option 1: 17.5% BTT which  Sunsets IRS Code  Replaces ALL federal income, capital and personal taxes (except for employees’ share of Social Insurance and Medicare)  Pays transition costs OR 17
  • 18. Option 2 – Phase in  Step 1: 5.25% BTT which  Replaces corporate income tax, corporate welfare expenditures, employer social insurance taxes and inheritance and gift taxes  But keeps other taxes same 18
  • 19. Option 2 (continued)  Step 2  Raise BTT to 11%  Drop personal income tax to FLAT 11%, keeping current deductions allowed by Code  Step 3  Raise BTT to 17.5% which  Sunsets IRS Code  Replaces ALL federal income, capital and personal taxes (except for employees’ share of Social Insurance and Medicare)  Pays transition costs 19
  • 20. BTT – A Fair Solution  Corporations will be assured the benefit of unused depreciation and lost carryovers  A consumption tax ends double taxation of dividends and promotes saving for investment  The individual taxpayer chooses how much and when he pays tax – i.e. only pay tax on what taxpayer consumes  To address regressivity, individual taxpayers could be reimbursed the BTT on necessities, etc.  “Hybrids” have been suggested which would be better than the current code (e.g. a reduced BTT with a retail sales tax, etc.) 20
  • 21. Summary  A border adjustable consumption tax MUST BE a component of any reform of the US tax system  BTAs would substantially reduce the trade deficit and provide a powerful incentive for Americans to save, invest, produce, and export  The border adjustable tax should replace and not be added to existing income and capital taxes  The tax changes should also ensure that low income persons are not disadvantaged  ANY BTA would be an improvement, but the BTT is the best alternative 21
  • 22. Appendix 22
  • 23. Failed US Response  Three times in the last 30 years the US has amended the tax code to provide a tax subsidy to selected exports – the DISC, FSC and ETI  ALL were found to be ILLEGAL rebates (subsidies) of direct taxes under the WTO and had to be repealed  Even when in effect, NONE of them could be applied to imports 23
  • 24. Failed US Response  Any income tax rebate will face same legal problems at the WTO  In the WTO Doha round, the US is seeking to obtain equal treatment for direct/indirect taxation. In effect, the US aims to convince 125 other nations to abandon their beneficial BTAs – this is hopeless. 24