February 23, 2005
Make The Tax Cuts Permanent

By Jon Kyl

President Bush spent a lot of time on the campaign trail last fall urging Congress to "make the tax cuts permanent." To most voters, this probably sounded like a pretty good idea, even if they weren't precisely sure of which tax cuts he meant, or why they're not already permanent.

The answer is about more than legislative process: it's about Congress taking action to stop a tax hike that would average $1,184 per family from taking effect - automatically - in just a few years.

To understand how we got into this situation, flash back to the President's key tax cuts of 2001 and 2003, which were critical to pulling the U.S. economy out of a lingering recession. Senate Democrats used the threat of a filibuster to prevent those cuts from being permanently written into law, so they had to be limited to the lifespan of the President's original budget (10 years).

After that point, the cuts are scheduled to "sunset," or expire, automatically triggering what would end up being the largest tax hike in American history. The most egregious example is that the estate, or "death," tax, would gradually fall to zero in 2010 and then spring to life again at its previous level of up to 60 percent in 2011. (Predictably, this has led to a lot of macabre humor about precisely timing one's final departure.)

Along with Senate Majority Leader Bill Frist, I've introduced legislation that would permanently eliminate the death tax, and also nail down the key reductions in tax rates on income, dividends and capital gains. Consider other implications if Congress fails to act:

* Individual Income Tax Rates and Productivity
The top income tax rate today is 35 percent, but it will rise to 39.6 percent if Congress doesn't act. Other brackets are similarly affected.

A number of studies have shown that people choose to work less as their income taxes rise. The 2004 winner of the Nobel Prize in Economics, Dr. Edward Prescott of Arizona State University, has found that Americans work 50 percent more than the French and that "marginal tax rates explain virtually all of [the] difference." In other words, lower U.S. tax rates are responsible for high U.S. productivity, which has driven our economic expansion.

Failing to make the lower income tax rates permanent would have the opposite effect, discouraging people from working, saving and investing. This is particularly true for the nation's 23 million small businesses, which are by far the greatest beneficiaries of lower individual tax rates because most pay taxes as individuals, not corporations.

* Dividends and Capital Gains
The 15 percent tax rate for both expires in 2008, after which the capital gains rate would rise to 20 percent and the levy on dividends tracks higher individual brackets. Congress simply cannot play games and wait until the last minute - just before the lower rates are about to expire - to extend them. Financial markets, business and families are making decisions about the future now. The key here is predictability: the economic growth generated by lower rates can only be sustained by making them permanent, giving investors the confidence to make long-term decisions. Without it, we face lower investment, slower economic growth, and lost jobs.

President Bush's tax cuts have benefited all Americans: because the economy has improved, companies are hiring more workers, and businesses are making smarter investment decisions less distorted by arbitrary tax considerations. Moreover, those who own stocks, including tens of millions in 401(k) and other retirement plans, have seen their nest eggs grow.

Ultimately, a growing economy is the key to all other policy priorities. A recent Wall Street Journal editorial noted that "a stronger economy resulting from permanently lower tax rates on capital and investment will make it easier" to deal with, among other things, the massive crisis facing Social Security. A massive tax hike caused by Congress allowing critical tax cuts to expire, on the other hand, would be a disaster.

Senator Kyl sits on the Senate's Finance and Judiciary committees

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