In 1976, president-to-be Jimmy Carter called for “a complete overhaul of our income tax system. I feel it’s a disgrace to the human race.” Since that call for reform, the number of pages of federal tax rules has tripled, according to the tax information firm CCH. Congress continues to create new credits and other narrow breaks, while the Treasury Department churns out an endless stream of tax regulations. Tax complexity generates at least five costs.
1. Compliance and administrative burdens. Americans spend more than six billion hours annually filling out tax forms, keeping records, and learning tax rules, according to the Office of Management and Budget. The paperwork for a corporate tax return can be tens of thousands of pages in length. In addition to the costs of filing, taxpayers face a burden from audits, notices, liens, levies, seizures, and millions of penalties assessed each year by the Internal Revenue Service (IRS). Complying with the federal tax code costs the economy hundreds of billions of dollars annually in the value of lost time and the expenses for accounting and legal services.
The IRS has been overwhelmed in recent years, not only because the pandemic slowed the agency’s workflow but also because Congress has added and expanded numerous breaks, such as child tax credits and recovery rebate credits. Millions of unprocessed tax returns have piled up at IRS facilities, taxpayer phone calls to the IRS for help have skyrocketed, and IRS computers are generating automated notices to taxpayers that are outdated or in error. The recent IRS mess illustrates that the tax code has become so complicated it is becoming impossible to properly administer.
2. Errors. Tax complexity and constantly changing rules cause taxpayers to make frequent and costly errors. In recent years, less than one-third of the taxpayers calling the IRS with questions have gotten through, and those that do often receive inaccurate answers. The error and fraud rate on the complex $70 billion earned income tax credit has long been above 20 percent. The IRS makes many mistakes as well, and the number of disputes between the IRS and taxpayers has been rising. In its 2021 report to Congress, the National Taxpayer Advocate found that only 73 percent of people “trust the IRS to fairly enforce the tax laws” and that only 69 percent “trust the IRS to help them understand tax obligations.”
3. Economic decisionmaking. Tax complexity and frequent rule changes impede efficient decisionmaking. For individuals, choosing the wrong savings vehicle may result in higher taxes, lower returns, less liquidity, or penalties on withdrawals. For businesses, tax complexity injects uncertainty into hiring, capital investment, and other important decisions.
4. Inequality and unfairness. Although equality under the law is a bedrock principle of justice, taxpayers can pay greatly different tax rates. Households with similar incomes are often treated unequally as a result of exemptions, deductions, and credits related to such factors as education, homeownership, and children. Households are also subject to different tax rates because of their different incomes. IRS data for 2019 show that income taxes averaged 26 percent of adjusted gross income for the top 1 percent of households, but just 6 percent for households in the middle of the income distribution. It is true that middle-income households pay heavy payroll taxes, but households at the top still pay much higher overall effective tax rates. Looking at all federal taxes, the Congressional Budget Office found that the top fifth of households had an average tax rate of 24 percent in 2018, compared with 13 percent for the middle fifth of households.
5. Avoidance and evasion. Some members of Congress want to increase IRS powers to try to reduce avoidance and evasion. They want to expand mandatory information collection and reduce procedural safeguards for taxpayers to defend themselves against the IRS. But such policies would undermine civil liberties, and they are not needed in order to improve compliance. Instead, Congress should simplify the tax code and eliminate special-interest provisions, which are often manipulated and used in unplanned ways. The Low‐Income Housing Tax Credit, for example, is intensely complicated and difficult for the IRS to oversee, and that has led to its being riddled with fraud by housing developers. The credit is unneeded and should be repealed.
Cutting overall tax burdens would also reduce avoidance and evasion. In a study using data across 157 countries, Mai Hassan and Friedrich Schneider noted: “It is widely accepted in the literature that the most important cause leading to the proliferation of the shadow economy is the tax burden. The higher the overall tax burden, the stronger are the incentives to operate informally in order to avoid paying the taxes.” With lower taxes and a simpler tax base, individuals and businesses would focus more on productive activities and less on tax avoidance and evasion.