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Ranking States

Warning: I’m ranging far afield from my area of expertise, but in the current environment where nearly all news seems to be coronavirus news, whether the underlying subject is sports, business, entertainment or whatever, I couldn’t resist. So here goes …

In my former job, I spent some time ranking states or evaluating others’ ranking of the states, typically on various tax or fiscal measures. A simple component of these rankings is to scale each state’s numbers by some common denominator that puts states on equal, relative footings. Typical denominators are population, income, and similar. One frustration for me is that the news media publishes a lot of state-by-state coronavirus numbers, but rarely scales them. I suppose that is because the general public relates more to absolute, rather than scaled, numbers. They want to know how many people have the disease or have died, not how many per capita. But that makes it hard to judge how severe the situation is in each state or how well public health responses are working by state.

When I discovered a couple of weeks ago that a volunteer project of journalists, covidtracking.com, was compiling, posting, and regularly updating COVID-19 data from state health departments and that they were doing it in a form that allowed easy download into Excel, I decided to start regularly calculating scaled numbers for the 50 states and the District of Columbia. That allowed me to more easily judge the progress of the disease across states and (maybe – subject to a host of caveats) to get an impression of how state governments and their public health departments were responding to the challenge. It also allowed me to easily compare Minnesota’s situation with that in other states.

I thought I never would post this info on my blog, because I don’t know what I’m doing and I might be misleading or outright wrong. But after doing this for awhile and given that the absolute numbers are very basic information that a lot of people are looking at, I changed my mind – especially since (other than a few random articles) I still rarely see scaled numbers in the general news media that I look at.

The table below shows the ten states with the lowest number of confirmed cases per capita (actually per 10k of population so the numbers are not small decimals) – determined by the number of positive tests reported by state health departments, as complied by the covid project. That is obviously a flawed or limited measure because it is sensitive to the testing protocols which vary from state to state (e.g., how many tests are run and who is selected to be tested). To help get at that issue, the table also shows the number of tests (again per 10k of population) each state has run and the number of tests that were positive. Finally, the table shows the number of deaths per million of population. This, I presume, is the number that is least subject to reporting and testing differences among the states. Of course, some people who die from COVID-19 may be reported as dying from pneumonia or flu, I suppose. It takes a good while for COVID-19 to result in death, so there is lag in this number. States hit earlier will have higher death rates, while other states catch up as the virus runs its course through those infected. This is mainly an issue for the hot spot states (Washington, New York, Louisiana, and so forth) which do not appear in the table (they would in a table of the bottom 10 states).

The numbers suggest that so far Minnesota (for whatever reason) is doing well relative to other states – it has the third lowest number of cases, while running proportionately more tests than other high ranked states. So, its relative low number of cases is less likely a result of low testing rates, which may be the case with some of the other states (e.g., Texas and Nebraska). Not sure what to make of any of this, but watching the data did highlight to me that both Louisiana and Michigan were likely to be future hot spots, as they are now, before the national media seemed to be on the case.

Note on the table: the top 10 states are shown (ranked by the lowest number of cases), cases are reported per 10,000 of population, as are total tests, while deaths are per million of population. Data is as of 4/2/2020 @ 10AM.

StateCases (positive test)Total tests% positiveDeaths
West Virginia1.0725.534.2%1.1
Nebraska1.1119.665.6%2.1
Minnesota1.32 39.713.3%3.2
Texas1.3816.508.4%2.0
South Dakota1.4645.583.2%2.3
North Carolina1.5125.026.0%1.0
Kentucky1.5217.688.6%4.5
Kansas1.6520.238.2%3.4
New Mexico1.7366.822.6%2.9
Iowa1.7423.577.4%2.9
National mean6.5237.1417.6%14.5
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CARES Act – some cynical observations

Congress has passed and President Trump signed into law the $2 T Coronavirus Aid, Relief, And Economic Security or “CARES” Act.  It passed overwhelming (96-0 in the Senate) and has been lauded as a necessary step to provide relief to a nation dealing with the coronavirus pandemic. I don’t take issue with that, but some of its details make me scratch my head.  This post lists some of the head scratching provisions – I only looked at the tax provisions, which are a small part of the overall package.  I’m not competent to evaluate anything else.

I assume that its purpose is twofold:

  • Provide aid to front line, public health responders – hospitals, state and local governments, etc. This is a very important part of the law, about which I know little and none of which are tax provisions.
  • Provide social insurance-like assistance to individuals and to keep businesses intact they can resume operating when the crisis lessens  – Public health responses to the coronavirus have required slowing or shutting down major parts of the economy with social distancing requirements, shelter-in-place requirements, stay home orders, and so forth.  As a result, many businesses and other employers (e.g., nonprofits) have shut down entirely or partly, workers have been laid off or are working fewer hours, and so forth.  That obviously puts immediate stress on those who have lost their livelihoods, particularly if they have no access unemployment insurance (e.g., they are business owners, contractors, don’t have the necessary employment history, and so forth).  The main goals (I assume) are to provide emergency aid to (1) the workers and contractors and (2) for businesses to keep their infrastructures and operations in place so they can return to regular operations when public health consideration permit. The analogy I like to use is we want to keep those businesses’ boats afloat, so we don’t have to waste the time to build new boats when it’s time to sail again.

The point to note about the second bullet (i.e., the safety net purpose) is that we’re doing this for public health reasons – we need to slow down or quasi-shut down the economy to prevent the spread of the virus.  Unlike a stimulus bill, such as the ones passed in 2008 and 2009, the goal is not per se to stimulate the economy to operate closer to full capacity by promoting demand and new investment.  That will come later when the crisis has lessened or passed; at least, I assume that it will be necessary to prime the pump when public health considerations start to give the all clear.  But at this point, the government is shutting down the economy, so it shouldn’t be trying to artificially pump up demand.  Explicitly stimulating demand would be like the government stepping on the brake pedal with its public health foot and stepping on the accelerator pedal with its Keynesian stimulus foot.  Crazy.  Of course, providing social insurance assistance to individuals and propping up businesses so they can later resume operations will stimulate demand (compared with just stepping on the public health brake) but that is not the main purpose.  It is to help people to buy necessities – food, housing, etc. – and to prevent businesses from abandoning their operations.

In any case, that is the frame that I used to evaluate the handful of tax provisions in the CARES Act.  (It is worth noting that these few provisions add up to almost $600 billion in reduced federal revenues, as detailed here by the Joint Committee on Taxation’s estimate, so they comprise 25% of the bill’s fiscal cost.)  As a general matter, it seems difficult to argue that $2 T billion is too thin or parsimonious and I would not make that claim.  Rather, I think (as usual) Congress allocated quite a bit of money for stuff outside the basic purposes.  Reallocating that money would allow increasing assistance within its purposes.  For example, if the slowdown/shutdown runs for several monthsI assume highly possible – $1,200/person is not going to permit many people to buy food and pay their rent or mortgage for that long.  Anything to increase the rebate amount to those who will really need it makes sense to me and that is the tenor with which I express my criticisms of what Congress did in its fit of bipartisan glory.

In any case, here are the head scratching provisions that I noticed in reviewing the legislation – I didn’t read much of actual bill language, just mainly reviewed the Joint Committee on Taxation’s estimates and other summaries. I did check the text of some provisions, though.

Recovery rebate for those w/o wages or self-employment income. The media has extensively covered the details of the recovery rebate.  The final compromise seems generally appropriate and reasonable.  My assumption is that the Act’s unemployment insurance (UI) provisions are the cornerstone way that laid-off workers and independent contractors with diminished incomes are being helped – both the expansion to cover the self-employed (contractors) and the $600 increase in the benefit amounts.  I don’t know much of anything about the UI system or the CARES Act changes to it beyond the media descriptions.  This opinion piece makes the case for approaching the problem the way the Europeans have – essentially mandating retention of employees and having the government pay 80% of their wages (up to some max wage amount).  I’m agnostic about that, although it seems unlikely to work in the USA for a variety of reasons (political and practical).  In any case, the rebates are intended to supplement the UI changes, but I assume are still largely directed to help the same folks (unemployed or underemployed employees or independent contractors) with extra money, as well as others who do not have access to UI but experience a drop in income (lost new job, between jobs and can’t get a new one, etc.).  I assume the rebate is not intended to help those who have not or are unlikely to suffer a drop in income. 

In that context, what perplexes me about the design of the recovery rebates is that they will go to many individuals whose income is unlikely to drop as a result of the coronavirus outbreak much, if at all. I’m thinking particularly of retirees who have no wages or self-employment income or those living purely on investment income (interest, dividends, and so forth), pension and retirement account distributions, social security and so forth.  It seems unnecessary to me to provide rebates to individuals who have substantial amounts of those types of income (e.g., maybe $25K single and $50K married joint).  If my income were not above the income limit, I would be in that category.  My four siblings and my MIL will get rebates and their incomes will be largely unaffected. I have no idea how much money would have saved by cutting out people like that, but I think paying larger rebates to the rest of the population would have been better.  But then I don’t know how feasible making those types of distinctions would be for the IRS.

A few other observations or asides about the design of the rebate:

  • It seems odd to call it a “recovery” rebate, since that implies that it is something closer to stimulus.  To me, popular names chosen by Congress are often inane, but I get how they are important for political messaging purposes.  But why would Republicans who consistently diss Keynesian stiumulus (almost none of them even voted for the 2009 bill) agree to that?
  • With regard to my basic point above, I think it is ironic that Congress has disqualified individuals with very modest amounts of investment income ($3,600) from receiving the earned income tax credit – a wage subsidy designed to encourage work and/or provide assistance to low-income working people – but gives rebates to people with substantial amounts of investment income who are suffering little economic dislocation because of the coronavirus.
  • Given Republican ideology, I fully expected that undocumented individuals would be cut out.  It still irritates me because many of them have been working and paying taxes in the US for years and are important to the functioning of the economy. I also wonder if putting them under more economic stress won’t contribute to spreading the virus.  I’m not saying it will, but I can imagine it might because it will make it more difficult for those folks to respect social distancing rules etc.  But ideology rules.
  • The rebate eligibility rules further illustrate how Congress must believe that the cost of parental support of college students and high school seniors does not deserve recognition by the tax system.  Those folks are the true rebate orphans. A rebate is not paid to either the family or an individual age 17 or older who is or could be claimed by as a dependent (in tax year 2019).  In eliminating the dependent exemption (and doubling the child credit), TCJA took a big step in that direction (it did allow the taxpayer a temporary credit one-quarter of the child credit to ease the transition).  The recovery rebate is another step down that road.  I don’t understand the rationale behind the approach, unless it is the assumption that children 17 and older should, as a social norm, be supporting themselves and if they’re not, their parents don’t need help in doing so.  This whole process started with the allowance of the child credit back in 1997; a change proposed and championed by a former Minnesota senator, Rod Grams – to add an item of trivia.

Retroactive allowance of certain losses. This provision is the biggest head scratcher and is the only one that sets off my outrage meter.  I’m generally mild mannered regarding tax changes that can be viewed as cynical insider deals.  My rule of thumb is to assume the best.  But this smells bad to me.  It leaped out at me when I first looked through the Joint Committee’s estimate for the bill.  Two days later the NY Times ran a story on it providing some confirmation for my outrage.

TCJA made many business base expansion changes to partially “pay for” its corporate rate cuts and other business tax reductions (e.g., the 20-percent QBI deduction).  One of these base expansion changes was to prohibit high income individuals actively engaged in conducting a pass-through business from using its losses to reduce tax on other income (such as interest, dividends, capital gains, and wages).  These rules only applied to taxpayers whose incomes exceeded $500K ($250K for singles).  Similar rules had limited farm losses for many years.  The conventional wisdom was that this mainly affected three categories of individuals – hedge fund managers, private equity investors, and real estate developers, many of whom meet the active participation requirements (under the passive loss rules) and have lots of other income. 

As an aside, this is the only TCJA change that I thought could justify President Trump’s claim that TCJA would raise his taxes (the other plausible assumption was that his assertion was just another of his falsehoods or exaggerations).  It could have done that by prohibiting use of the tax losses from his real estate holdings (depreciation and so forth on the hotels and resorts he owns) from reducing his income from licensing (selling his name to put on other hotels and resorts or his royalties from the Apprentice and so on), as well as any passive investment income he has.

This TCJA provision was not a minor revenue offset.  The Joint Committee’s TCJA estimate showed it would increase taxes by $150 billion; because it was an individual tax provision, it was scheduled to sunset in 2025, so that was an 8-year effect.  The CARES Act suspends this provision for three tax years, retroactive to its original effective date; that is, its provisions will not apply to tax years 2018, 2019, and 2020.  (The affected taxpayers are probably now filing amended 2018 tax year returns to get refunds.)  The Joint Committee apparently underestimated the effect of the original provision, since its CARES Act estimate now shows a $170 billion cost of the 3-year suspension – $20 billion more than it was expected to raise over eight years when TCJA passed!  (This is an exception to my general rule of thumb (discussed in this post) that estimates of business base expansions are typically too high.)

This $170 billion cost equals 58% of the outlays for the recovery rebate.  Skipping this provision probably would have allowed paying two $1,000 rebates, rather than one $1,200 rebate. Given the purposes for the CARES Act (at least based on my formulation), I fail to see how allowing these losses furthers its purpose – how does giving big checks to hedge fund managers, private equity guys, and real estate developers help people deal with the COVID-19? Are we expecting them to otherwise go out of business or to provide rent holidays? I doubt it; this is certainly no strings attached money.  Even if this were a Keynesian style stimulus bill, this would be one of the worst ways to stimulate demand that I can imagine. Handing checks to rich guys just doesn’t do much to stimulate demand. The cynic in me assumes that the White House insisted it be included; it appears to have been in the Republican version from the beginning.  I’m guessing that dropping it was not negotiable, unlikely cutting out elective officials and their families from the direct relief assistance for businesses.  This probably was a bigger deal. Sad.

Charitable contributions for nonitemizers. The Act allows a charitable contribution deduction to nonitemizers for tax year 2020.  This deduction is capped at $300 and is limited to cash contributions (no used clothing or food stuffs, thankfully).  The sense of this – whether in the context of the purpose of the CARES Act or more generally escapes me.  Given the extremely low cap ($300), it will mainly reward people for contributions that they would have made anyway.  If the goal is to encourage people to give to COVID-19 relief efforts, the most charitable description of the provision is that it provides a “signal” or tip of the cap to those who do so.  The money could have been much better spent on other efforts.  The revenue reduction is modest (about $1.5 b), but still.

That said, as I have discussed here and here, I think the charitable contribution incentives (federal and Minnesota) need reform.  TCJA’s large standard deduction increased the need for reform, but this isn’t a step in the right direction nor is it the time or way to do it.  Layering on an above-the-line deduction on the existing structure makes little sense and a comprehensive reform should be done thoughtfully and deliberatively after public hearings.

The CARES Act also lifts the AGI limit on the itemized deduction for charitable contributions, so individuals who contribute more than 60% of the AGI in tax year 2020 can immediately deduct those contributions, rather than carrying them over to later tax years.  I can construct plausible arguments for this – e.g., it will encourage big contributors to contribute even more in this time of need and/or virus-caused, income reductions make the AGI limits more binding – but it also seems a bit unnecessary and the over $1 billion cost could have been better spent (assuming the goal is immediate relief to those in need) in other ways.

RMD holiday.  The CARES Act eliminates the required minimum distributions or RMDs from IRAs, 401(k)s, and other retirement accounts for tax year 2020.  This follows the similar practice that Congress adopted after the Great Recession (for tax year 2009).  I get the appeal of this when the stock market drops by more than 30% as it just has.  The RMD amount is set as a percentage of the account value at the end of the prior tax year (i.e., December 31, 2019 for tax year 2020).  That can seem painful when one’s account value has since dropped by 25% or more.  Suddenly, the RMD has increased relative to the current account value by 25%.  Moreover, it must be painful for investors whose accounts/net worth have dropped by a lot take money out to pay taxes when they want to keep as much invested as possible to earn back the drop in value.  So, that’s the appeal.  But, but – how does that relate to the purposes of the Act (i.e., to provide social insurance, protection for people who are out-of-work or have had to temporarily shutter their businesses because of the virus)? Obviously protecting retirees who are so well off that they have be required to take money out of their retirement accounts does not fit that purpose at all! That’s my first objection. These people do not like RMDs (ever) because they get in the way of using their retirement accounts as estate planning/bequest devices.  I guess the thinking must be never let a crisis go to waste – let’s get some relief from this disliked provision, even if it is only for one year?

Moreover, if this really is a problem related to the virus response (it isn’t), Congress could have been much more targeted or surgical in what it did.  For example, it could have allowed taxpayers to calculate their RMDs using a later value (e.g., as of July 1, 2020) or, even better, limited the RMD holiday to taxpayers who have retirement accounts with combined values less than some reasonable amount ($250k?).  These accounts can be very large – I keep coming back to thinking about Mitt Romney’s jumbo IRA.  Disclosures during the 2012 campaign suggested it could be as large as $100 million; now that he is a senator congressional disclosures reveal it is much more “modest,” about $52 million.  (Congressional reporting of asset values provide for wide ranges; for Romney’s IRA the 2018 disclosure shows a value range between $26 million and $131 million.  However, the disclosures require very precise amounts of income and Romney reported a $1.9 million IRA distribution for 2018.  Assuming that was an RMD, which seems very likely, reverse engineering yields an IRA value of $52 million at the end of 2018.)  Do we really need to help people like that as part of addressing the coronavirus?  I don’t want to pick on Romney (I like him and deeply respect his courage in calling out Trump’s bad behavior, in particular), but his political disclosures make him an easy target.  I’m sure there are many more of the top 0.1% with even bigger IRAs.

The revenue loss from this provision is modest (about $8 b), but it could have been plowed into increasing the rebate amount or providing aid to hospitals.  Helping well-off retirees use their accounts for estate planning is totally unnecessary.  I’m sure it keeps the financial institutions, mutual funds and others that manage the funds happy, because they will be able to keep on charging fees on the taxes that would have been paid.   (I assume most people who would prefer not to take RMDs simply reinvest the amounts, net of the taxes they must pay, in taxable account, so it is only the fees on the taxes that are lost.  Also, I would not be surprised if the lobbyists assert that RMDs put downward pressure on the stock market by triggering selling, using that as a claimed justification for the provision.  That’s a bogus claim, in my judgment. The amounts involved are trivial relative to the size of the stock and bond markets.)

This has a SALT angle, since this provision will automatically flow through to state income taxes.  I assume that all states, like Minnesota, do not independently have RMD provisions, but rather rely on the feds to require account owners to make taxable withdrawals.  When the feds put that on hold, it automatically reduces state income tax revenues.  That is true even for states, like Minnesota, that tie their laws to the Internal Revenue Code as of a fixed date, since federal law does not automatically make the RMD amount part of AGI or FTI, but rather imposes a punitive 50% excise tax on the failure to take the RMD.

Bottom line Congress added a few unrelated and unnecessary ornaments to bill whose purpose should have been to solely to address COVID-19 problems. The result is some combination of less money to address the problem at hand and bigger federal deficits (at some point that is going to matter).

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IRS office evacuation

Politico reports that the IRS has ordered the evacuation of most of its employees. I assume the order applies to the national office, related to the fact that the Washington DC area is increasingly being viewed as a coronavirus hot spot. The article doesn’t say that specifically and, in fact, implies it is agency-wide, since the email was sent to the entire agency.

The big unanswered question, on which Politico reports the IRS has declined to comment, is whether this will affect how quickly the recovery rebates can be paid to eligible individuals. I have to assume that there will be some kind of effect. This points out why optimism about how quickly they can get out is probably misplaced. The order will also clearly affect other tax processing and systems.

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How fast can the IRS get the payments out?

I’m sure that will be the question of the hour/day/week/month. Janet Holtzblatt has an excellent post at TPC that provides useful historical context and a reality check. She goes through the parallel experience with the various direct payments made in the oughts and how long they took. Those, of course, were made before Congress cut and starved the IRS budget and when the agency and its workers were not themselves dealing with the effects of the coronavirus personally.

Realistically, I would guess getting the payments out in April is optimistic. I’m guessing that the staffers that actually have to do the work and/or supervise the people that do so have advised their political appointee bosses of the hard reality. That likely explains why Secretary Mnuchin says he wants banks to make “same day” loans to individuals in anticipation of their receipt of the payments. How likely is that for the people who really need the dough – i.e., the out of work waitress or bartender? Not very likely in my view. Mnuchin is thinking like a Goldman Sachs banker or an academic economist, not someone who has ever helped low income people get loans from banks, I’d guess.

There are enough limits (income, whether you actually filed a return, were you claimed as a dependent by someone else, etc.) on the right to receive these payments, that I will be surprised if banks routinely advance the money to their customers. These will not be their high income customers, by and large. Moreover, the experience with refund anticipation loans (RALs) is that if they do, a good number of them will take a hefty cut for themselves. With RALs most financial institutions insisted on a notification from the IRS or DOR that the return had been accepted and there was a presumptive entitlement to the refund. Maybe in a patriotic gesture they won’t insist on the equivalent for these payments, but I wouldn’t hold my breath. They’re running businesses, not charities.

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Books I’ve Read Recently – The Federal Estate Tax

This is another in my series of high-school quality book reports on nonfiction books that I have read recently.

Name of book:

The Federal Estate Tax History, Law, and Economics by David Joulfaian (MIT Press 2019)

Why I read it:

I regard David Joulfaian as the preeminent national expert on the economics of the federal estate tax. He has worked for many years (decades) at OTA, specializing in estate taxation.  Over the years, I have read many of his articles and working papers and found them to be insightful as to how the estate tax works and how it may affect behavior.  In addition to providing background information to feed my intrinsic interest in this quirky but important tax, I figured that the book would a useful overview of the details of tax from an expert in whom I have a very high level of confidence. 

To provide more context, the Minnesota tax is a constant flash point in legislative tax debates, even though it applies only to a narrow group of taxpayers and raises a modest amount of revenue.  I found that when estate tax bills were heard in House Taxes Committee (mostly GOP proposals to cut or eliminate the tax), the debate was consistently the most animated and passionate of any.  DFLers seem to regard the tax as a symbol of their core value of progressivity, since it applies only to a small number of individuals with the very highest net worths and incomes.  It probably also galls them to see proposed tax reductions going to taxpayers who they regarded as the “rich.”  By contrast, GOP members seem to despise the tax more than any other, largely (I think) because they view it as profoundly unfair – a second tax on income that has already been taxed, a success penalty (implicit disincentive for work and risk taking), and (maybe most importantly) a way DFLers can claim to raise revenue from the rich.

I found this debate disconcerting from several perspectives – mainly because many of its premises were often ill founded and because the assertions made often seemed disproportionate to the tax’s real role as either a revenue raise or an effective counter to inequality.  The Minnesota debate mirrors the federal debate and what is more interestingly to me is why passions about the tax run so high, particularly on the right.  Perhaps more importantly, why does that passion seems to resonate so much with the general public, most of whom will never be touched by the tax (either as someone leaving or receiving a bequest) and do not have many firm political values (i.e., they’re not tribal R’s or D’s)?  I didn’t really expect the book to help me figure any of that out (e.g., unlike Mike Graetz’s books), but assume that knowing more about the tax would be helpful.

What I found interesting in the book or worth writing about:

  • The first half of the book (about 100 pp) provides a very good outline of the basics of the federal tax – its history, how this complicated tax actually works and has changed over the years, who pays it, how much revenue has been collected, profiles of the composition of taxable estates, beneficiaries, and so forth.  Most of this stuff was pretty familiar to me, but I also found interesting new stuff (or equally likely at my age stuff that I once knew and had forgotten).
  • The striking behavioral responses to the changes in the law – particularly the acceleration of lifetime gifts to avoid pending estate or gift tax increases – always leap out of the data when you look at the history of collections as Joulfaian’s tables conveniently provide. His dicussion highlights this effect as well.
  • He provides a nice summary of the now-repealed credit for state death taxes.  Jeffrey Cooper’s law review article provides a much more detailed and nuanced history.
  • The most interesting and useful contributions of the book (to me anyway) are its last three chapters which summarize the research by economists of the effects of the tax – on labor supply and savings behavior (chapter 7) and on charitable giving, lifetime giving v. bequests, capital gain realizations, portfolio composition, and purchases of life insurance (chapter 8), as well as Joulfaian’s own conclusions (chapter 9).  Chapters 7 and 8 summarize the best evidence to evaluate the myriad of claims for and against the tax made during political/policy debates.  Much of this research and analysis was done by Joulfaian himself or with coauthors (Holtz-Eakin and Rosen in multiple cases).
  • The evidence for many assertions is ambiguous, at best, and often counter to the anti-tax assertions.  I think it is fair to characterize many/most of the assertions made by opponents that the tax dampens work effort or reduces savings (viewed globally) to not be based on evidence but just the claimant’s favorite piece of economic theory (e.g., focusing on substitution effects and ignoring income effects, considering the effects on decedents’ behavior but ignoring them on beneficiaries, and so forth).
  • It does seem safe to say that repeal of the tax would have some very real negative effects on charitable giving; the size of that effect and which charities it will be hit the hardest is what is at issue.

What disappointed me about the book:

The book could have used better copy-editing.  I guess that is not surprising for an academic press, which is likely operating on a shoestring budget.  Copy-editing errors seem concentrated in the first part of the book, which covers basic background and history.  I noticed few errors in the last three chapters on the behavioral and economic effects of the tax, much of which summarizes the author’s and others’ scholarly work on complicated economic issues, probably because Joulfaian spent much more time reviewing this to make sure it was right, as compared with the first half which just describes the basics of the tax, recounts its history, and presents basic statistics.

I was disappointed with Joulfaian’s two-page summary of the literature on the effects of the tax (state level) on interstate migration (pp. 156 – 157).  Given the title of the book, I didn’t expect the book to cover that topic.  But when he chose to do so, I thought he should have been more comprehensive.  For example, he discusses the Conway and Houtenville’s article without citing or discussing later articles by Conway and Rork which use more sophisticated methods and caveat the conclusions in Conway and Houtenville.  In fact, I think their research undercuts his implication that state taxes are most likely to affect migration decisions by individuals with more modest estates (i.e., those below the level at which the pre-EGTRA federal tax applied).  My instinct is that the effects on migration are most likely to occur for larger estates (say $3 million and up), but not so large that the tax averse can easily use lifetime gifting to avoid state estate taxes.

SALT connection:

All state estate taxes, as well as their sibling inheritance taxes, rely heavily on the federal tax concepts and enforcement in imposing and collecting tax.  In fact, without a federal tax, I expect that states would need to spend more resources to collect less revenue.  In fact, I wonder if TCJA’s large increase in the exemption amount will not erode state tax revenues somewhat.  A secondary effect is that the federal tax’s deduction for state tax paid reduces the implicit burden of state taxes, making them easier for those affected to stomach.

The obvious SALT question raised by the the book is the absence of state gift taxes (Connecticut being the lone exception, putting aside provisions related to gifts made shortly before death) and what effect that has on the incidence and revenues collected by state estate and inheritance taxes. I briefly discussed this issue in a Tale of Two Billionaires and the MN Estate Tax.

I think this book is a must have for anyone doing research or providing policy advice on states estate taxes – it provides good basic background information on the history and application of the federal tax, as well as a summary of the economics literature on the potential effects of the tax – on labor supply, savings, etc.  It is easy to read and well organized.  While still working, I would have used it as a reference book or encyclopedia of the economics literature on this quirky tax, especially chapters 7 and 8.

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RIP Medical Debt – musings and questions

I find the high level of media attention that RIP Medical Debt, a charity that acquires and pays off medical debts, attracts interesting.  Its operations raise some intriguing questions that I wish some enterprising econ grad student would tackle.  (Perhaps, it should be an investigative journalist, on another theory.)  Based on my poking around Google Scholar, I couldn’t find any published research analyzing organizations like it either from the perspective of the incentive to contribute or on the net charitable benefits of contributing to them.  I may be missing something, given the limited searching effort I made.

Note: RIP Medical Debt’s formal name is Medical Debt Resolution, Inc., according to its IRS Form 990.  I will refer to it as MDRI in the rest of this post. 

I searched for other similar charities (again, I did not make much of an effortjust a few Google searches) and was unable to find any.  There are charities that help individuals pay for their out-of-pocket medical expenses or pay off medical debt.  I think they typically make grants to applicants who satisfy the program’s eligibility criteria.  Pan Foundation is one example.

MDRI, by contrast, uses charitable contributions to purchase and forgive medical debts.  MDRI has only been around for a short while – not long enough to be evaluated by Charity Navigator.   MDRI’s website has a counter displaying the amount of medical debt it has forgiven (about $1.4 billion) when I last accessed it.  Pan Foundation’s website claims that it has paid out over $3 billion to more than 1 million recipients to pay medical debts or costs.  The two numbers (Pan Foundation’s and MDRI’s) are not remotely comparable for reasons that will become apparent.

As I noted, MDRI has received a lot of media attention. Here are a few examples:

  • The comedian John Oliver (back in June 2016) created an LLC that purchased $15 million of debt and gave it to MDRI to forgive.  One of his angles was to best how much Oprah Winfrey had given away when each attendee at one of her shows received a car.  Key difference, of course, is that the cost of forgiving $15 million of debt is a lot lower than purchasing a bunch of cars, if you buy largely uncollectible debts.  (What Oliver spent would barely buy one car.)  That angle, however, illustrates an interesting element of MDRI’s operations – figuring out exactly what charitable benefits it yields relative to the amount contributed.
  • The PBS Newshour ran a segment on MDRI and its founders. They were working (unhappily) as medical debt collectors which is what caused them to create the charity. The segment could be easily characterized as a virtual commercial for MDRI, as well as a commentary on the general problem of growing medical debt.
  • 2018 NY Times story reported on two elderly ladies who raised $12.5K to contribute to MDRI to wipe out $1.5 million in medical debt.
  • Chicago Tribune story reported on a group of churches that raised $38,000 to forgive $5.3 million in debt as a Thanksgiving Day gift.
  • In February 2020, the Strib ran a story about Lord of Life church in Maple Grove making medical debt forgiveness one of its missions and raising $15,000 to pay off $1 million in debt, again through MDRI.

The extensive media attention has translated into big increases in contributions to MDRI.  Its 2018 Form 990 (most recent available) shows contributions increasing from $2.2 million in 2017 to $5.3 million in 2018.  Information from the 990 reveals that it paid a little more than 10% of the contributions as salaries to its three top employees, as well as about an equal amount for fund raising and so forth.  Less than half of the amount contributed ($2.3 million out of $5.3) went directly to purchase debt to be forgiven (putting aside admin and expenses allocated to the purchases).  Guidestar reports that RIP’s budget is now a little over $6 million, so the increase in contributions may have slowed or the Guidestar number may be old, not sure which. The 2019 Form 990 is not due to be filed until later this year.

The Attraction to Contributors

The attraction to potential contributors is obvious (that is what John Oliver was playing on as well as the media stories lauding MDRI): you’re buying a massive amount of gross debt forgiveness for pennies on the dollar. Actually, a penny on the dollar according to MDRI’s website, which claims a ratio of 100:1 – making a $100 contribution will allow forgiving $10,000 of medical debt.  Given recognition that growing medical debt is a societal problem, this seems like a marvelous way to multiply the benefit of your contribution. The implication that MDRI apparently wants to create is that the gross amount reflects the impact of your gift.  That of course is a fiscal illusion.  It’s akin to a retailer who routinely marks up inventory by 100% and, then, has 50%-off sales.  The uninformed consumer thinks he or she is getting a bargain, but that may or may not be the case.  The percentage discount is simply irrelevant to whether it’s a good deal or not.

My questions

The obvious first question asked of any charity is how much of amounts contributed go to the actual mission versus overhead and other expenses.  In the case of MDRI (based on the 2018 Form 990) more than half of the contributions go for stuff other than the amount directly spent on debt purchases.  The two founders are well compensated ($450K for their combined salaries), which is to be expected given their obvious PR abilities and how that has translated into contributions.  Its 44% ratio of debt purchases to contributions seems low.  Focusing on the ratio of fund raising and management is less bad – about 25% goes to those purposes. Large blue chip charities have lower ratios, though.  It does mean that one’s contribution experiences a 50% discount before it is used to forgive medical debts.  So, that is an important piece of information. But that is not what really interests me.

The more interesting question or issue to evaluate is to what extent the gross amount of debt forgiveness (i.e., the 100X return on the contributions asserted by the MDRI’s website) yields a real benefit to debtors who are deserving of charity. 

Put another way: How much of the gross forgiven amount is a fiscal illusion?  An obvious secondary question: Is MDRI effectively targeting relief to deserving debtors? The following are my musings about those questions (I would not characterize them as anything approach analysis) which would be good for someone (with more skills and resources than me) to investigate:

A. Benefit to the debtor?

One way to reframe the first question: what is the real value of the debt relief to the debtor who has his or her debt forgiven? We have two numbers to start with (1) the gross amount of the debt and (2) the price that MDRI pays for it. 

MDRI implicitly wants you to start with the first number, the gross amount, but that is clearly the wrong.  These debts are obviously very difficult to collect, and most are unlikely to ever be collected because:

  • The provider (hospital, clinic, physician, etc.) has been unable to collect them and probably a collection agency acting on the provider’s behalf has similarly been unsuccessful.
  • They typically have been sold to one or more collectors.
  • Some of the debts may be barred by the statute of limitations (media stories report how collectors sometimes convince debtors to pay barred debts, so that doesn’t mean the debt holders will stop).
  • Many of the debtors likely have little in the way of assets to seize or wages to garnish.
  • Some debtors will go through bankruptcy if pressed too hard by collectors.

Based on MDRI’s assertions about the ratio of contribution to gross amounts, it is obviously buying debt that the market considers to have little value to debt collectors. The price MDRI pays is about 1% of the face amount of the debt.  If they are being honest about the overhead haircut that applies to contributions, the purchase price actually is closer to a half cent on the dollar.  Potential buyers assign virtually no value to this debt, as far as I can tell.  All this says to me to ignore the gross value of the debt as largely irrelevant.

The second number (MDRI’s purchase price) reflects a market judgment about that value of the debts based on their potential collectability.  This is clearly a better benchmark to start with in determining the value to the debtor.  As an aside, the very low price assigned by the debt buying market suggests it is saying in nearly all these debts will not be collected. Given that starting point, what questions should be answered to adjust that value?  The following are some of my naïve thoughts and questions.

The following factors (or answers to the questions) suggest that the value of forgiveness to the debtor may be higher than the purchase price, but then, the issue is by how much:

  1. What is the probability that an effort will be made to collect the debt and how much will be spent to do so?  This seems like a first order question that the price of buying it is not a very good proxy for.  I assume that debt of this type is very expensive to collect because it takes a lot of time and effort; that conclusion is based on both buyers and sellers setting such a low price.  The typical debt collector/purchaser or seller will calculate its value using something like this equation: the gross amount of the debt * probability of collection – (the purchase price + cost of collection).  In all cases, the cost of collection will be the biggest factor, I assume, given the trivial purchase price relative to gross debt amount. MDRI, by stepping in and buying the debt, allows the seller/debt collector-owner to forgo those expenses, essentially capturing them for the benefit of the forgiven debtor.  What is a reasonable estimate of that amount?  There must a strong correlation between the probability of collection and the cost of doing so (i.e., the lower the probability of collecting, the higher the cost of doing so).
  2. Forgiving the debt often will boost the debtor’s credit rating. That’s important because it affects a myriad of stuff – price of insurance, ability to rent an apartment, employ-ability, access to and cost of credit, etc.  How much is this worth?  I have no idea, but it likely varies a lot with the situation of individual debtors. If they have a lot of other debt or other negative factors preventing them from getting a passable credit rating, the benefits may be minor or nonexistent. Does the fact that this debt has such a low market value suggest that most of the purchased debt and affected debtors fall into that category?  How could one measure that?
  3. Forgiveness may eliminate a hassle factor for debtors – they won’t be hounded by collectors potentially impacting their ability to go on with the lives etc. How can one assign a value to something as intangible as this? Of course, this won’t apply to orphan debts that no reasonable debt collector would attempt to collect.

The following factors or questions lean in the opposite direction, suggesting the value of the debt (and the benefit of forgiving it to debtor) may be little more than zero (essentially its purchase price in the secondary debt market):

  1. How much of this debt is so worthless that no sensible collector would consider expending any money to collect it?  For that debt, there is little to no benefit to the debtor of purchasing it.  How can this type of debt be identified? Is it most of the debt MDRI buys?
  2. How many of the debtors have such bad credit ratings for reason other than the medical debt that discharging it will have little to no benefit for them?
  3. How much will MDRI’s debt purchases benefit debt holders rather than debtors?  As I see it, the key question is whether the MDRI is paying a price that is a very close representation of the debt’s value to purchasing collectors or not.  If it is paying more than that, it is enriching debt collectors; if it is paying less, it is avoiding that and benefiting the debtors.  A related question is whether MDRI’s purchases are big enough (or if a bunch of copycat charities are formed) so that its operations will increase prices in the resale debt market?  This would have effects that are counter to MDRI’s mission – increasing profits for third party sellers of medical debt, encouraging medical billing and pricing practices (e.g., even more price discrimination that disadvantages uninsured patients) leading to more medical debt.  There are typically unintended effects of stuff like this; it’s almost an iron law.

B. How good is MDRI at targeting deserving debtors (purchasing the “right” debts)?

The second set of obvious questions relate to how MDRI selects the debt it purchases or who are the debtors that benefit from its purchases? It says (on its website and in its Form 990) that it uses three criteria (any one of them is sufficient to make the debt eligible for purchase):

  • Debtor’s income is less than 200% of the poverty level.
  • Debts exceed 5% of the debtor’s annual income.
  • Debts exceed debtor’s assets (i.e., the debtor is bankrupt).

I don’t know much about the information that is available to purchasers of a medical debt portfolio, but assume that MDRI can relatively easily obtain information necessary to determine which debtors meet one or more of these criteria (probably an estimate of the debtor’s income is available).  The bigger question is what criteria does it use in selecting among the many debts that satisfy its published or formal criteria?  In particular:

  • Do its selection criteria favor purchasing debts where the benefits outlined under the first question (i.e., under A above) are high relative to the price paid for the debt?
  • Or does MDRI favor buying debt that have a high gross amount relative to the purchase price, so that its ratio of debt forgiven to contributions is very high? The debt buying market to me is suggesting that discharging these debts has less and probably little value to the debtors for the reasons outlined in the second set of factors or questions under A.
  • Or does MDRI simply randomly buy debts that satisfy its eligibility criteria?

To get a good return for one’s contributions (i.e., a cost effectiveness ratio or something like that), I think MDRI should favor a policy like that articulated in the first bullet.  My suspicion is that they follow something more like a policy in the second bullet (most gross debt for the purchase price), because they view that as likely to increase their ability to collect contributions by making it appear that their operations have a bigger headline impact (i.e., the mindless focus on the gross amount forgiven).  The fact that they have a website counter for the dollar amount of debts forgiven implies to me that is a big deal to them.  It, however, works against their basic purpose if it leads them to purchase a lot of debts that no debt collector would ever try to collect.  The benefits of forgiving those debts are low, if not close to nonexistent.  My fear is there is a lot that going on.  The money would be better spent buying some more “expensive” debt (i.e., with a lower gross amount relative to its price) where the charitable benefits realized by the debtors are larger.  At least that is my instinct.

My takeaways

  • MDRI’s operations provoked some interesting questions.  I’m deeply skeptical about how much (if any) charitable benefit its operations yield, but that just may be my inherent skepticism of new and unconventional approaches.
  • The bigger deal to me is that the mainstream media (including very sophisticated outlets like PBS and NY Times) appear to buy MDRI’s questionable narrative without asking the (to me anyway) obvious economic questions.  That seems to be a serious failing in carrying out their mission of informing of the public and avoiding being a party to selling fiscal illusions.  MDRI is still tiny and these are “feel good” stories, so maybe I’m expecting too much. Unquestioning references to its operations in publications by academics or academic-linked organizations (see here (p. 3 at fn 18) for a Washington U-linked newsletter) are even harder for me to stomach.

SALT Angle: none that I can think of. As an aside, because MRDI’s forgiveness is treated by the tax law as a “gift” rather than more traditional cancellation of debt (e.g., short sale of a mortgaged home), there is no taxable income. There are an obvious myriad of health care policy and debt collection regulation questions that could be explored, though.

Update

MRDI is back in the Minnesota news in this recent MinnPost story (Andy Steiner, A fundraising campaign by two Twin Cities churches paid off millions in medical debt for thousands of households), which continues the tradition of mindlessly (in my simple mind) focusing on the headline debt forgiveness number as some sort of measure of the charitable benefit. I guess I’m one of the few skeptics about stuff like this out there. In looking at their most recent 990, it appears that both the revenue (contributions) and salaries paid to the highest paid employees went up substantially. The good news is that the salaries went up by a much smaller percentage than the contributions, which nearly doubled – again, testimony to the organization’s impressive media/PR savvy. That means a great proportion of its contributions are buying and forgiving debt. Measuring the actual benefit of that, though, remains a mystery to me.

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Books I’ve Read Recently The 100 Years War

I’ve taken to writing down some of my thoughts on the books I’m reading – mainly to be more disciplined in thinking and remembering something about the books. This is partially a response to my fumbling to recall when asked about the books I have recently read.  Now that I’m retired, I’m reading more and (seemingly) forgetting more.  These posts will be the equivalent of a bad high school book report.  I’m only doing this for nonfiction books. My daughters instigated a family book club to compel me to read fiction and I’m not writing anything about those books. Any effort on my part to analyze fiction would be a waste of time of all concerned.

Name of book:

The Hundred Years War – The English in France 1337 -1453 by Desmond Seward (Penquin Books 1978).

Why I read it:

I discovered it on Seth’s (my son’s) bookshelf and since my knowledge of medieval history and particularly of the 100 Years War is limited, I considered it as an opportunity to learn something, as well as to provide historical context for the 2020-21 Guthrie production of the Henriad plays.

What I found interesting:

There are too many to list; the following are the ones that now stick out after finishing the book a few weeks back:

  • I had thought total war (essentially attacking civilians, ravaging farms, industry and so forth as a general tactic) was a modern invention. The armies in the 100 Years War as recounted here were waging close to the equivalent of total war, if only as a financing mechanism (see below).  The incongruity of that while simultaneously upholding chivalry as an ideal (limited, of course, to nobles) is breathtaking.
  • More thought reveals the economic and psychological rationales for chivalry: Many of the top leaders on both sides were related by blood or marriage, as Seward’s family tree charts reveal, and shifting alliances meant one could end up fighting a current ally or allied with a current opponent. In addition to the economics of ransom (see below), that naturally leads to a reluctance to kill or maim leaders who may be relatives, potential relatives (by marriage), or future allies, I guess.
  • The English had better weapons (long bows were superior to cross bows), tactics, generalship, and soldiers.  This, along with a measure of luck, allowed them to prevail for a very long time.  Polarization and division of the French also played a role.  It took a very long time for the much richer and vibrant French economy (and their ultimate development of superior artillery, i.e., better cannons) to prevail and to push the English back across the Channel.
  • The demands on top military leaders were much more strenuous then, compared with later periods. They participated directly in the hand-to-hand fighting of the most brutal sort, in addition to setting and implementing strategy and tactics and providing leadership.  Modern generals mainly must exhibit the latter – setting strategy and tactics and providing overall leadership – and don’t need to be deft and powerful with a sword or poleax, etc.  (Seward points out that wielding a poleax was much more effective against armor than a sword. Wielding either while wearing 50 lbs or more of metal armor is hard to imagine.) The only saving grace, I suppose, was that if you were a prince, duke, count, etc., a smart opponent would be careful to spare your life, rather than forfeit the ransom potential (see below).  That wouldn’t mean you’d avoid being maimed or injured, though. Or inadvertently killed in the heat of battle, as happened occasionally.
  • The agony the French people in the affected areas went through for six or more generations seems unimaginable to me.
  • I hadn’t realized that the Scots periodically had allied with the French. I guess that shouldn’t have been a surprise given their antipathy for the English. It allowed them to fight the English on the continent as well as on their home turf (a fair amount of that was going on during the war too). Doing so didn’t turn out very well for either them or the French who apparently found them to be less than helpful allies. Seward reports one of the silver linings in the French loss at Verneuil, which ended the Scots’ involvement, was that the French were “rid of the Scots whose insolence was intolerable.” (p. 202)
  • A lot of interesting names – “Black Prince” (referring to the color of his armor, not his mood or other qualities), “Bastard of Orleans,” etc.
  • I now have a firmer fix on the Joan of Arc story (lots of mythology has been woven around that), who Lord Talbot and Duke of York really were, and lots more bits of historical trivia.
  • Falstaff as portrayed by Shakespeare is quite different than his real life version, Sir John Falstolf, as Seward describes him. I guess there is some debate about who Shakespeare was using as his model, if anyone.

What disappointed me about the book:

It’s drily written, almost like a textbook.  To be fair, that probably goes with the territory of a short book (under 300 pp) covering 116+ years of war.  There simply isn’t space for colorful writing and the necessary detail. I also would have liked him to spend a little more time and effort on how the Black Death interacted with the war.

SALT connection

Seward spends a fair amount of space on tax and finance issues.  That’s not surprising, since wars put immense strains on governmental finance and demand both borrowing and taxing.  This one was no exception.  The fact that it was funded by primitive economies compounded the challenge.

Taxation in those days was basic, at best, and brutally enforced.  The French were more effective and sophisticated than the English, but that didn’t help them much or at least not until later in the war.

Typical instruments – hearth tax (I assume that this was like the more famous window tax, imposing a fix amount per fireplace in a castle or lesser buildings), head taxes; and export duties.  The English resorted to the latter.  At the time, the English economy was much more backward than the richer French (much larger both in terms of population and land area, and the French soil was much more fertile than in England).  The English mainly exported wool, while the French wine and food.  The English controlled Bordeaux during virtually the entire period, so they control some wine production.  The export duty on wool hurt English farmers and merchants. Seems hard to fathom now – they hadn’t even gotten to the point of a mercantilist perspective, flawed as that is – but the warlords did whatever was necessary to raise funds to pay for the war.

The really brutal element of public finance was frankly just plunder and pillage – mainly by the invading English, although not exclusively.  This can be broken down into two separate styles or mechanisms: One where plundering army/government did not formally control the territory (i.e., hold the walled cities and castles) and the other where it did.

  • For the first Seward uses the term chevauchee, a term I was unfamiliar with, but which essentially means invading and stripping the countryside of anything of value and often burning or destroying the rest to deprive those in control of access to resources.  The government that technically was in control (i.e., one of the factions of the often-divided French aristocracy) would be holed up in their walled cities, reluctant to come out and defend the farmers, villagers, and etc. – they were concerned that in the open they would be beaten by the superior English fighters.  By contrast, the English forces did not have the wherewithal to lay siege to and take the cities and castles. So, it was a sort of stalemate.  Given that, they would go on a chevauchees through the countryside to self-fund their armies and war effort through plunder.
  • The second method was patis or protection when one (usually the English in the early years – first 100 year or so – of the war!) took over new territory from the other.  Seward describes it: “Every village and hamlet had to pay the troops from the local stronghold dues in money, livestock, food and wine; failure to pay was punished by arbitrary executions and burnings. Travelers had to pay dearly for safe conducts, road-blocks and toll-gates being set up.  Profits from patis were pooled; the soldiers paid one-third of their booty to the garrison commander, who remitted one-third to the King, together with a third of his own profits.” (pp., 80 – 81).  Profits from chevauchees were similar divvied up.

One can easily see the poor villagers, farmers, and peasants were between a rock (an invading army on a chevauchee) and a hard place (the powers in control of the city extracting patis).

Another typical financing method was ransom, an earlier and more personal version of reparations.  The nobles were fine with butchering lesser soldiers (archers etc.), but they preferred to capture, rather than kill, knights and other higher ups, since this provided ransom opportunities.  The nobles were held (often for years if they were dukes or better and their governments were unable or unwilling to pay – the English held the Duke of Orleans for 25 years) for ransom. This enriched the victors.  A trade or secondary market (?) in ransoms developed – markets in everything, of course. 

Seward gets into some of the details of the contractual arrangements that knights and others entered into with each other.  Soldiers of fortune – this was a like a business enterprise.  Apparently, a fair number of castles and country homes in England were built with the fortunes made from plundering the French countryside and ransoms paid.

All this gives new meaning to the term kleptocracy.  Most of these efforts were self-defeating, in the long run, of course.  You can only plunder a countryside profitably once every few years.  Doing so demoralizes the citizenry and saps efforts beyond subsistence living, I would assume.

Final Takeaway

Reading this makes one appreciate living in a modern society and just how much better things are now.  I guess it makes Steven Pinker’s case.  Also, it provides useful perspective on complaints about the communal costs of modern society, in particular taxes, when you consider what earlier generations have endured.  It will just make me grit my teeth more when people equate what can only be consider benign taxes as “theft” or “stealing.” If only they could be sent backward in time to see what arbitrary governmental finance rising to the level of thievery really looks like.

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Random Thoughts

WaPo is reporting that last week JP Morgan sent a note to its clients saying that there was a 90% chance of a recession, according to market indicators. Events on Sunday (i.e., Saudi Arabia’s oil moves) and movements in the bond market today (the entire Treasury yield curve was below 1% when I wrote this!) provides more evidence for that. Of course, the stock market is imploding, but I regard the bond market moves as more telling. None of this means that it is a sure thing that the economy is heading into a recession, but the probability is much higher than it was a week or month ago. It’s unlikely to be 90%, but that’s probably closer to reality than the 29% or 37% reported in February forecast.

The implications for state budget policy seem obvious. With regard to the projected budget surplus, only two things should be done:

  • Appropriate money to help prepare for and mitigate the effects of the coronavirus. According to media reports, the legislature is doing that. It should speed things up.
  • Move the rest of the surplus to the budget reserve or leave it on the bottom line.

If a new budget forecast were done now (well, after a new GII estimate is available), it seems obvious the surplus would be gone and there would a shortfall of some size. It is imprudent, as a result, to spend general fund money or cut taxes – anything that diminishes general fund resources – unless you would be willing to do that without a surplus. Cutting unnecessary stuff would be wiser, but likely politically impossible. Giving the governor authority to unallot without meeting the stringent requirements now in law (i.e., exhausting the budget reserve) would be a good move, but probably would be opposed by DFLers and so will not be seriously considered.

With regard to bonding, by contrast, it is fine to proceed with a robust bill. The lag between passing a bill and ramping up projects means that doing so can’t be justified under a rationale that it will allow taking advantage of the big dip in interest rates. But these extraordinarily low rates may persist for some time (lets hope not, because that means the economy is in bad shape) and although it is counter to one instincts (based on personal/household budgeting rubrics), borrowing and making public capital investments during a recession is a good thing. So we might as well get the projects and bonding authorizations on the books to allow that to happen if the recession is a long one or if low rates persist for other reasons.

On a separate issue, Bernard P. Friel wrote a letter to the editor responding to John James’ and my Strib op-ed on taxing social security. Incongruously (to me, anyway), the Strib made it the spotlight letter on Sunday. His essential point is that state taxation of social security is inconsistent with both the original purpose of social security itself and the 1983 law that subjected benefits to federal taxation. The former was intended to promote the general welfare by providing old age benefits and the latter to shore up the financing of those benefits. He goes on to write “There is nothing in that preamble or in the [social security] act suggesting that part of the benefits provided should be used to reform a state’s tax system.”

This response to our op-ed is a total non sequitur, of course. The purpose or policy behind a federal law does not dictate state tax treatment. Congress is perfectly capable of limiting state taxation and has done so repeatedly (e.g., prohibiting states from imposing individual income taxes on interest paid by Treasury securities, taxing railroad retirement benefits, limiting taxation of railroads, air carriers, and so forth). It has not done so for social security benefits. Consider a counter example: Congress’s purpose in paying civil servants and their pensions in no way relates to state taxation and state taxes on those payments could be viewed as making it more difficult for the federal government to achieve its underlying objectives. But that wouldn’t lead one to conclude that states should not tax federal employee pay or pensions under their income taxes would it? Well, for some years Minnesota did not tax federal salaries (until the late 1930s, I believe) and did not tax federal pensions until the 1970s. This was due to an expansive, old view of intergovernmental tax immunity doctrine. I wonder what Mr. Friel’s views were of those decisions as policy matter?

John and my views are not intended to “reform” the Minnesota tax system. Rather, we seek to preserve the status quo, which has been in place for 35+ tax years. An entirely different matter. We’re trying to prevent “deforming” of the state tax system, something much less ambitious than reform.

I mention all of this only because I used to know Bernie. At least, I assume that the Bernard P. Friel who wrote to the Strib is the same Bernie Friel that I knew as a long-time partner in the bond department at Briggs with several blue chip clients when I started working at the House. I can remember him calling up to lecture me on how TIF law had gone astray when it was being used to subsidize low-income housing and another time on how the Dorsey bond lawyers we’re pushing the envelop in some deal that they had signed off on. I’m glad to see that he is still kicking around and as opinionated and feisty as I remember him. He must have retired over 20 years ago and be in his 80’s.

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Update on taxation of social security

Note: this post has been updated. The changes corrected various minor errors and did not make any substantive changes. If you previously read the post, there is no reason to re-read it.

The Strib published John James’ and my op-ed on legislative proposals to exempt more social security benefits from taxation.  After writing the op-ed and my earlier blog post, I had a couple more thoughts about the topic and this post records them, focusing on two items: revenue volatility and “declining returns” on social security for younger workers.  Space limitations, as well as a lack of general interest by newspaper readers, did not make either of these topics appropriate to address in the op-ed.

Revenue volatility. A point that I failed to make in my blog post was that exempting social security benefits from taxation would make Minnesota’s tax revenues more volatile, as well as less elastic (the latter point was made in both pieces).

A little discussed fact is that the last three major states tax changes –the 2013 increases by the DFL, the 2017 GOP tax cuts, and 2019 compromise tax bill – all made Minnesota’s tax revenues more volatile.  The combined effects of those changes was to increase volatile revenue sources, while reducing more stable revenue sources.

To my knowledge, no one has tried to measure the resulting effects on volatility.  When we’re in a period of steady economic growth (the situation since 2010), interest in volatility or how much revenues rise and fall with the business cycle declines. One way to calculate volatility is with standard deviations (or any of a variety of related statistical measures of variance) or with the cyclical swing index, a measure which a couple of coauthors and I calculated about 30 years ago for some of Minnesota tax revenues [House Research Department publication not available on the Internet].

Here’s why the 2013 – 2019 tax changes increased volatility:

2013 tax increase.  The 2013 increase had three main components: (1) adding a fourth rate bracket at the top the individual income tax rate schedule, (2) a cigarette excise tax rate increase, along with indexing the rate for inflation in cigarette prices, and (3) a corporate tax increase implemented by expanding the base mainly to more income related to foreign operations.  Two of these changes yield relatively volatile revenues –

  1. The income tax rate increase applies to filers with the highest incomes (> $250K).  These filers have a very large share of the most volatile sources of income – capital gains and business income.  The volatility of revenues from taxing capital gains is quickly revealed by skimming a few MMB forecast write-ups – both how difficult they are to predict and how much they fluctuate.  It’s like tying your revenues to the stock market.
  2. The corporate tax is the most volatile of the state’s major sources of tax revenue.  Twice over the last four decades it has experienced 50% drops in its revenues – in the double dip recession of the early 1980s and during the Great Recession. In any recession, it typically declines in nominal terms.

The third change, a large increase in the cigarette excise tax rate, by contrast, yields stable revenues since it is a per cigarette amount and smokers are addicted, dampening down their ability to avoid the increase by stopping or reducing their smoking.  (The tax is a declining revenue source, however, because smoking is declining despite its addictive nature.) The 2013 bill did eliminate the fixed dollar feature of the tax by indexing its rate for price increases in cigarettes, making the revenue less inelastic.  Most of the money in the 2013 tax bill was in the income tax rate increase.

2017 tax reduction. When the GOP controlled both houses of the legislature in 2017-18, they maneuvered Governor Dayton into signing their 2017 tax cut bill.  This bill focused much of its reduction on the most stable source of state tax revenues by reducing the state general tax levy and eliminating its indexing.  The state general tax is as a fixed dollar levy that is paid almost without regard to underlying economic conditions.  By repealing the indexing of both cigarette taxes and the state general tax, the bill also reduced the elasticity of tax revenues.

2019 tax bill. This was a compromise bill whose principal features were to conform to TCJA’s changes (the 2017 federal tax act) and to enact a modest individual income tax rate cut.  The rate cut is pretty much neutral on volatility, although income tax revenues are more volatile than sales tax revenues (so a sales tax rate cut would have increased volatility more than an income tax rate cut).  The bigger effect resulted from TCJA conformity.  TCJA changes included a substantial number of business base expansions, which were used to help offset its revenue losing provisions (mainly rate cuts and faster cost recovery).  Minnesota conformed to these base expansions – in other words, corporate and business income tax increases – and used the revenue to help offset the individual income tax changes.  The net effect makes Minnesota’s tax revenues more volatile because of the volatility of taxes based on corporate profits and business income.

Thus, the legislature has been increasing volatile revenue sources and cutting stable ones, while taking some of the elasticity out of the system by repealing indexing provisions that preserve the tax base from eroding with inflation.  With regard to the latter, no one seems to be concerned about or attempting to repeal the indexing provisions that protect taxpayers in the individual income tax – suggesting the GOP aversion to indexing is just really a feature of their general tax aversion, not some sort of philosophical principle (e.g., that the legislature should be compelled to vote on any and all inflation adjustments because otherwise tax policy would be on autopilot or something like that).

By contrast, the tax on social security benefits is a very reliable and stable revenue source.  Since these federal government payments are required by law, they are almost as reliable as collecting treasury bond interest.  Not quite – they depend upon the recipient’s other income sources and if the social security trust fund is ever allowed to run dry, the law provides for an automatic haircut in benefits.  That is now estimated to occur in about 15 years, but Congress seems unlikely to let it occur because of the political blowback.

Bottom line: exempting social security benefits from taxation does not score well on the reliability element of the revenue adequacy principle. By eliminating a very stable revenue source, exempting more social security benefits from taxation will make Minnesota tax revenues more volatile.  No one seems to ever talk or care much about these issues until a deep recession hits and, then, concerns rise.  Changes over the last 7 years have tended to make Minnesota tax revenues more volatile. Given recent events related to COVID-19, I would not be surprised if this doesn’t become a topic for legislative discussion sooner, rather than later.

Relevance of “declining returns” on social security for younger workers.

A few people responded to John and my op-ed with disbelief that the 15% allowance actually allows a fair and full recovery of their employee contributions to social security, negating the double taxation argument that is often made.  This skepticism is fueled by media coverage about how bad a “deal” social security now is for current workers with “negative returns” for some, particularly those with high lifetime earnings.  I can easily see how the typical media stories could lead to the expressed skepticism about John’s and my assertion.  So, I decided it would be useful to gather and state my thoughts on it.

It is a case of comparing apples and oranges.  The Social Security Actuary’s estimate of the 15% allowance and the estimates of how “good a deal” social security is for today’s workers are measuring or calculating two related but crucially different things. That is apparent by analyzing what each is doing and why.

Estimates or calculation of the “return” on social security.  I tend to see estimates of these hypothetical “returns” presented in three different contexts:

  • The Social Security Actuary has long prepared estimates of “Money’s Worth Ratios” for various hypothetical Social Security participants.  Here’s a link to the most recent version that I could find on SSA’s website (published January 2019).  You can see in its tables (##1 – 6) how younger workers are paying in more and getting out less than older generations.
  • Economists evaluating Social Security make similar calculations.  Social security is, of course, not a pension plan, but rather a complex social insurance program that by design redistributes income from some groups to others.  In addition to retirement income, it provides de facto life insurance and disability protection and is a pay-as-you-go program, not a pre-funded insurance or pension plan.  Economists, of course, are interested in measuring exactly what that program does and in evaluating its effects.  See here for an analysis along those lines by economists at the Urban Institute.  These analyses, like the SS Actuary’s, show declining returns if getting a “return” for your contributions (as well as your employer’s contributions on your behalf) is how you want to characterize social insurance protections.  I tend to think of it as society making sure that all of its members have a basic safety net protecting them – whether because of matters beyond their control or simply because they failed to appropriately prepare.  The latter, of course, irritates those with more libertarian sensibilities than mine.
  • When privatization of social security was a hot topic (e.g., during and shortly before the second Bush administration), advocates of it often made a big deal about how workers would be financially better off if they could just keep their money and invest it in private accounts like a 401(k).  There are many heroic assumptions in all of that, of course.  These sorts analyses were popular publications by right-leaning or conservative organizations like Heritage (see the “A Bad Investment” section).

What all these estimates or calculations have in common is estimating or measuring the sum of three things: (1) employee contributions (e.g., the after-tax employee FICA payments), (2) employer contributions (e.g., employer FICA or the deductible portion of SECA), and (3) some sort of assumed return or present value calculation.  Different approaches are used for (3).  Advocates for private accounts base their calculations on some sort of assumed investment return (typically a mixture of stock and bond returns) that parallels how individuals might invest a defined contribution retirement account, like an IRA or 401(k). By contrast, actuaries and economists more typically discount the employee and employer contributions to present value using government bond interest rates.  In any case, depending upon the assumed rates used, the value of (3) can overwhelm (1) and (2) amounts.

I can illustrate this with an example from my personal life. Before we married, my wife worked for a nonprofit which had no retirement plan. At the recommendation of her tax preparer she annually made traditional (deductible) IRA contributions to reduce her tax liability.  These amounted to $8,000 of contributions, which she invested in bank CDs and earned a few hundred dollars of interest.  When we married in 1990, the IRA was worth less than $8,400.  To get better returns, I recommended that she move the money to a mixture of stock and bond mutual funds.  In the 29 years since, the $8,400 has grown to over $240,000.  (No Warrant Buffet was investing the money – just me in plain vanilla mutual funds.) The ratio of contributions to current value is 3.5%.  This simply illustrates how important the assumed return or discounting to present value calculations are, given the long periods of time involved, and why 15% is not as low a ratio as it may initially seem.

A second factor to consider is that, as noted above, Social Security also functions as a quasi-life insurance policy by providing dependent benefits if the worker dies and as a disability policy, if the worker becomes disabled.  Effectively, one could argue, some sort of annual deduction from the contributions should be made to pay for premiums on that insurance.  The estimates typically do not do that (particularly those making the case for private accounts), so they overstate how much is being contributed to the pure retirement/pension-like portion of the program.

The Actuary’s estimate of 15%.  By contrast, the Social Security Actuary’s estimate of a pension equivalent recovery ratio (i.e., the 15%) looks at only one of the three components – i.e., employee FICA or the nondeductible part of SECA – and, then, must determine how much those raw amounts contribute actuarially to the payment of old age benefits. These are the only amounts on which tax has already been paid.  If one has a background in finance, you can intuitively see why these amounts would be so low relative to benefits paid.  The important point is that the Actuary, according to the description (p. 16) by the Congressional Research Service, made the estimates for workers entering the work force in 1993 (the year the estimate was made).  Thus, the estimate takes into account the declining “returns” documented in the Money’s Worth Ratios.  And, as I noted in my original post, there have been no material changes in social security’s tax or benefit rules that would suggest that these calculations are no longer valid. Longevity has increased and interest rates (and inflation) have declined, offsetting factors.  It would be good to update the estimates, but in the absence of that, I see no reason to conclude that the 1993 one is still not valid.

Bottom line:  The declining “returns” on social security participation for younger workers says nothing about the validity of the Social Security Actuary’s estimate of the 15% ratio.  It continues to be the best estimate of the appropriate amount to allow recovery of after-tax employee contributions.

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Corporate revenues slightly less bleak

The February forecast was essentially a nonevent, which is no surprise given that only three months had passed since the November forecast with few economic events of note happening in that interval.  The projected surplus rose by $181 million. However, most of increase in revenue was attributed to a category that I’ve been watching, corporate franchise tax revenues.

The forecast reversed the situation that I had observed in my earlier post.  Corporate revenues for this biennium (FY 2020-21) are now forecast to be higher than in the last biennium (FY 2018-19).  The increase is modest ($140 million), compared with the drop of $78 million forecast in November.  This is more in line with the underlining GII forecast of corporate profits.  I had thought it odd that revenues were forecast to drop in November, even though corporate profits were forecast to continue growing modestly and TCJA conformity should have increased revenues.  That anomaly has been wiped away, well mostly.

The forecast write-up explains that the change in forecast corporate revenues is due to the higher payments (both decs and miscellaneous) in the additional quarter of actual data that MMB economists have.  I don’t think there is much of anything to make of this.  The change that this translates into is due to the power that actual collections have on rebasing MMB’s models.  (As an aside, I have always suspected that that is a slight flaw in the construction of the models; they may be too sensitive to the base year data that they use.  That is based on the swings that I observe in the estimates resulting from substituting new base year data.  The MMB folks disagree with me and they certainly have a stronger basis for that than my intuition, so I have always assumed they are right. But I still have lingering doubts – my stubborn nature or skepticism, I guess.)

A few thoughts:

  • I’m still trying to figure out whether TCJA is having a noticeable effect on Minnesota corporate tax revenues.  One more quarter of collections and a reforecast (that moves the numbers by a not insignificant amount, though) doesn’t really provide much information on solving that puzzle.
  • Refunds appear to still be running higher than forecast, one of the weird things I had observed to be going on in November. The forecast writeup says that refunds were lower, but the data in the tables show that they were higher by $6 million.  Since the writeup says historic credit refunds, all of which are booked as corporate refunds, were down $4 million, the regular refunds must have been up by $10 million above the forecast.  At least, I assume that the numbers in the table are correct, rather than the writeup’s assertion.
  • The big issue for legislators in making supplemental budget decision is whether we’re on the cusp of a recession because of COVID-19 or other factors. This small change in corporate revenues is meaningless in that context.  If the economy trips into a recession, corporate revenues are likely to drop by 20% or more even if it is the shallowest of recessions.  That would wipe out the forecast increase in corporate revenues ($217 million) and reduce revenues by a least that much in addition.  In a deep recession, corporate revenues typically drop by 40%+, knocking revenues back by a lot more.  Corporate revenues are a very small piece of the pie, but they’re very volatile.
  • Even without a recession, I would think corporate profits will decline as a result of the supply disruptions from the efforts to slow the spread of the virus, that is, compared with the levels GII forecast at the end of January.  Prudence says to ignore the increased corporate revenues and to go easy on new commitments.
  • The big exception to that would be to accelerate commitments the state is going to pay no matter what – e.g., conformity on section 179, which is simply an issue of when depreciation deductions are taken – immediately or stretched over six years.  Best to get it out the way sooner rather than later, if it can successfully be substituted for permanent commitments.

Not much too see here, folks. Move on.

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