Archive for the ‘Taxes/Regulations’ Category

Government Regulations Create Huge Costs for Manufacturers

Tuesday, August 23rd, 2011

Do you remember playing a game when you were a child where you tried your best not to walk on any cracks in the sidewalk so the “big bad bear” wouldn’t get you or you wouldn’t break your mother’s back?  If you lived in a city where the sidewalks were old, there were so many cracks that you had to tip toe to get by without stepping on any cracks.  Well, businesses today are being forced to play a similar game with government, and the “cracks” are getting so close together that it’s almost impossible to tip toe through the maze of “cracks” that come in the form of government regulations.

The Federal Register contains 81,405 pages of the federal rules and regulations that businesses are required to comply with.  Federal regulations strain the economy by creating huge costs that business are obligated to meet and serve as a hidden tax on the economy.

James Hamilton of Freedom Works wrote, “The cost of complying with federal regulation increases businesses’ expenses by billions of dollars every year.  Some of the compliance cost associated with federal regulation comes out of businesses’ profits, but much of the costs are passed down to consumers in form of higher prices.  Compliance costs associated with regulations cut into businesses’ profits, while higher prices increase the day to day expenses of all consumers.  Because regulations create artificial costs that must be paid by both producers and consumers, they cost the economy money and act as a drag on economic growth.”

Between 2001 and 2011, 38,700 new regulations were added to the Federal Register. Of the over 4,000 new regulations that are currently being developed by various departments and agencies, 224 are estimated to cost the economy more than $100 million each.  The Obama administration is greatly expanding regulation, with massive new regulations in the works at the Environmental Protection Agency and a host of yet to be written regulations covering financial services to comply with Dodd-Frank Financial Reform Bill.

A study by the Regulatory Studies Program at George Mason University’s Mercatus Center in 2001(“A Review and Synthesis of the Cost of Workplace Regulations”) found that workplace regulations have a significant cost.  The researchers surveyed 100 manufacturers in the United States, ranging from 7 employees to 65,400 employees.  The survey showed:

  • Complying with workplace regulations cost an average of $2.2 million per manufacturing firm or about $1,700 per employee
  • Smaller firms (less than 100 employees) faced higher costs than large firms (500 or more) with costs of $2,573 per employee and $1,530 per employee respectively

The survey revealed which types of regulations affect manufacturers the most:

  • Worker Health and Safety regulations, including OSHA, accounted for one-third the cost of compliance
  • Regulations governing employee benefits ranked second, making up 27% of the cost of compliance
  • Civil rights, labor standards, and labor-management relations regulations each made up about 10% of the cost of compliance

A study on “The Impact of Regulatory Costs on Small Firms” by W. Mark Crain, Lafayette College for the Small Business Administration Office of Advocacy showed that small businesses continue to bear a disproportionate share of the federal regulatory burden.  The cost of compliance with all federal regulations, economic, workplace, environmental, and tax is an average of $5,633 for all sized firms.  However, for companies under 20 employees, the cost was $7,647 compared to $5,282 for companies over 500 employees.  In the manufacturing sector, the cost per employee is $10,175; nearly double the average for all firms.  For small manufacturers, the cost is $21,919 per employee compared to $8,748 for large firms.  For medium-sized firms, the compliance cost per employee is $10,042.  In the service sector, regulatory costs differ little from small to larger firms.

Economists Nicole V. Crain and W. Mark Crain study of the net cost of regulations determined  that in 2009 federal regulation cost businesses and consumers $1.75 trillion, or nearly 12% of America’s 2009 GDP.  As a comparison, in the same year, corporate pre-tax profits for all businesses totaled about $ 1.46 trillion.

The Health Care Reform Act that passed at the very end of 2009 vastly expanded the requirement for businesses to file IRS Form 1099s for all payments over $600 annually.  The previous law required a business to provide a completed 1099 form to any independent contractors, subcontractors, freelancers, etc. that are not employees and not corporations to whom they made more than $600 in payments over the course of a year.  The Health Care Reform Act law extends this requirement to corporations as well.

This means that a business would have to provide a 1099 to their utility company and every other vendor to which they pay more than $600 a year for services.  For metal manufacturers, such as machine shops, sheet metal fabricators, stampers, and casting companies, this could mean they would have to provide a 1099 for their vendors of metals, as well as companies that provide surface finishing services such as painting, plating, anodizing, or powder coating.

A survey by the National Association for the Self-Employed (NASE) found that self employed and micro-businesses (under 10 employees) are “expecting this new regulatory burden to greatly or somewhat increase the amount they spend on tax preparation.”  With over 40% of survey respondents still preparing their own taxes, this added workload will significantly increase the time business owners spent on tax preparation or force them to hire an accountant, adding to their cost of doing business.  This is another example how the indirect costs of complying with government rules and regulations are just as burdensome to businesses as are the direct costs of taxes and regulatory fees.

On August 4, 2011, National Association of Manufacturers (NAM) Vice President for Energy and Resources Policy Chip Yost released the following statement after the NAM filed comments on the Environmental Protection Agency’s (EPA) proposed Utility MACT rule:

“Affordable energy and jobs are top priorities for manufacturers, and the EPA’s proposed Utility MACT rule threatens to deal a lethal blow to both. The EPA’s Utility MACT proposal is yet another example of excessive overreach that will dampen economic growth and result in job losses.

If implemented, the finalized Cross-State Air Pollution Rule and the proposed Utility MACT rule will cost an estimated 1.44 million jobs by 2020. These two rules will increase retail electricity prices nationwide by 11.5 percent and cost the electric sector a staggering $18 billion per year to comply. This will stifle investment and severely damage our competitiveness at a time when our economic recovery has stalled and the unemployment rate hovers at 9.2 percent.”

In addition, in the past three weeks, the Obama administration has announced back-to-back new fuel economy standards for passenger vehicles and trucks.  New regulations will require a corporate average fuel economy (CAFE) of 54.5 miles per gallon for passenger vehicles by 2025, and new standards for trucks will require a 10 to 20 percent increase in fuel efficiency before 2018.

The Center for Automotive Research released its latest study focused on the impact of anticipated fuel economy and safety mandates on the U.S. automotive market and industry in 2025

A few of the report’s conclusions are:

  • The average increase in vehicle cost necessary to achieve the higher CAFE mandates range from $3,700 to over $9,000.
  • The higher mandates will increase vehicle prices that exceed the savings in fuel costs (over five years), even if gasoline costs $6.00 per gallon (in 2009 prices).
  • Consumers will shun these technology costs by holding onto their used vehicles longer, especially if fuel prices are low (e.g., $3.50 per gallon), resulting in lower sales and a loss of automotive employment. Over 260,000 jobs may be lost if the highest mandate is passed and fuel prices stay low at $3.50 (2009 prices).

The authors recommended moderation in raising fuel economy mandates and conducting a periodic review to assess the rate of technology development and cost reduction of advanced technologies leading up to 2025.  The full report is available at www.cargroup.org.

During a meeting with hundreds of manufacturing executives in town to press lawmakers for looser regulations, White House Chief of Staff William Daley listened to one executive after another air their grievances on environmental regulations.   “At one point, the room erupted in applause when Massachusetts manufacturing executive Doug Starrett, his voice shaking with emotion, accused the administration of blocking construction on one of his facilities to protect fish, saying government ‘throws sand into the gears of progress’…Daley said, “Sometimes you can’t defend the indefensible.”

The regulations mentioned here are examples of the unintended consequences of lawmakers voting on bills they haven’t read.  If Federal lawmakers want to “save American manufacturing,” they need to wake up to the fact that adding burdensome government laws and regulations will actually reduce the tax revenue the federal government receives by driving manufacturers to export jobs overseas.

 

 

Will Government Kill the Goose that Lays Golden Eggs?

Tuesday, July 19th, 2011

Manufacturing has led the recovery since the recession ended in June 2009 and has created more net jobs than any other industry segment.   In other words, the manufacturing industry is the goose that lays golden eggs in the form of products for domestic use and export and the jobs it takes to produce them.

In the June report issued on July 1st by the Institute for Supply Management™ Manufacturing Business Survey Committee, Chair Bradley J. Holcomb, CPSM, CPSD, said, “The PMI registered 55.3 percent, an increase of 1.8 percentage points from May, indicating expansion in the manufacturing sector for the 23rd consecutive month.  New orders and production were both modestly up from last month, and employment showed continued strength with an increase of 1.7 percentage points to 59.9 percent.”

Dean Maki, chief U.S. economist at Barclays Capital Inc., said, “Manufacturing is driving U.S. recovery” when he spoke with Bloomberg’s Mark Crumpton about U.S. manufacturing and housing data and the outlook for the economy and Federal Reserve monetary policy.

The “Seventh Quarterly Report,” written by the White House’s Council of Economic Advisors, a group of three economists who were all handpicked by Obama, was released on July 1st.  The report chronicles the economic impact of the “stimulus” in adding or saving jobs.  “The council reports that, using “mainstream estimates of economic multipliers for the effects of fiscal stimulus” (which it describes as a “natural way to estimate the effects of” the legislation), the “stimulus” has added or saved just under 2.4 million jobs — whether private or public — at a cost (to date) of $666 billion.  That’s a cost to taxpayers of $278,000 per job.”

This means that “the government could simply have cut a $100,000 check to everyone whose employment was allegedly made possible by the “stimulus,” and taxpayers would have come out $427 billion ahead.”

We need to be adding thousands more jobs than the 18,000 nonfarm jobs added in June, and the 25,000 jobs added in May to absorb the millions of workers that a 9.2 percent unemployment rate represents. Economists say that about 100,000 jobs are needed each month just to keep up with the normal growth of the labor force and hold the unemployment rate steady.

With this weak job picture, the last thing we need government to do is raise taxes or create new taxes to be paid on specific products, such as a tax on “biz jets” and yachts.

While some business jets are converted airliners often used by celebrities with a large entourage or press corps, or by sports teams, they face operational restrictions based on runway length or local noise restrictions at smaller airports.  Thus, there is emerging market for so-called “very light jets” and “personal jets, which are smaller and far cheaper than current models of business jets.  Many of the very light jets (VLJ) are used by the air taxi industry.

Cessna has developed the Mustang, a six-place twinjet (2 crew + 4 passengers) available for $2.55 million USD.  A number of smaller manufacturers have planned even cheaper jets, and it remains to be seen whether the new jet manufacturers will complete their designs or find the market required to sell their jets at the low prices planned.

Business jets and yachts represent companies in the aircraft and boat building industries that provide jobs for thousands of people.  There are approximately 11,000 business jets in the worldwide fleet with the vast majority of them based in the United States or owned by U. S. companies.  The European market is the next largest, with growing activity in the Middle East, Asia, and Central America.  Business and private jets are one of the high technology products that the United States exports to the rest of the world.  Increasing production of these classifications of aircraft would help achieve President Obama’s goal of doubling exports.

When you increase taxes on a particular product, it causes sales to drop, so if you increase taxes on business aircraft for all of the U. S. manufacturers, you would decrease sales for these aircraft and give an advantage to foreign aircraft manufacturers.  Because of their low-volume productions and long lead times, new aircraft orders can take two to three years for delivery.  This results in a large pre-owned marketplace, with aircraft available immediately.

The loss of jobs wouldn’t be limited to the aircraft and yacht manufacturers; it would affect their vendors, such as engine manufactures, avionics and electronics manufacturers, and interior manufacturers.

Large corporations such as Ford Motor Company and Chrysler have their own flight departments that manage all aspects of aircraft operation and maintenance.  Charter operators own or simply manage all aspects of operation and maintenance of private jets for multiple clients.

Since 1996, the term “fractional jet” has been used in connection with business aircraft owned by a consortium of companies.  Costly overheads such as a flight crew, a hangar, and maintenance can be shared by the consortium.  Fractional Ownership is commonly known in the industry as “time share.”  An individual or corporation pays an upfront equity share for the cost of an aircraft, such as 1/4 of the aircraft price, known in the industry as a “quarter share.”  The individual or corporation is now an equity owner in that aircraft and can sell their equity position if necessary.  This entitles the new owner to 100 hours of flight time on that aircraft, or any comparable aircraft in the fleet.  Additional fees include monthly management fees and incidentals like catering and ground transportation.

President Obama may have forgotten that Congress tried to increase revenue by imposing a luxury tax on private planes and yachts once before.  In the 1990 deal between President George H.W. Bush and a Democratic Congress, yacht and private plane owners were the designated villains.  Yachts and private planes were, after all, owned by “millionaires and billionaires” who didn’t pay their fair share of taxes. Who could object to taxing these “fat cat” rich people a bit more?  So Congress passed a 10 percent luxury tax on yachts priced at more than $100,000 and on private planes that cost more than $250,000.

After the tax took effect in January 1990, “hundreds of builders of large and small boats spoke of it as a stake driven into the heart of an industry already suffering from the effects of the recession 1990-91 and tighter bank rules on financing and fallout from the gulf war.”

The result was the virtual destruction of the domestic boat-building industry.  Sales of luxury boats dropped 70 percent within a year.  In the subsequent two years, about 100 builders of luxury boats cut their operations severely, and more than 25,000 workers lost their jobs.  Several manufacturers filed for protection from creditors under Chapter 11 of the Federal Bankruptcy Code.  Predictably, the tax didn’t even generate much new revenue because so few boats were sold.  Finally, President Bush asked Congress to repeal the 10 percent luxury tax, and the tax was repealed by a bipartisan vote in 1993.

“At the end of the day, the millionaires and billionaires were still rich, but thousands of hardworking middle-class Americans ended up out of work.”

When discussing this tax issue with my adult son, he asked why “fat cat” rich people couldn’t afford to pay more taxes.   I explained that it isn’t just rich people that own jets and yachts.   Most owners are business people that have valid reasons for owning a jet or a yacht.  For example, a company that has to send teams of three or more people around the country to do specific jobs such as land survey may find it less expensive to own their own jet to fly to smaller towns instead of flying to “hub” cities and renting cars and vans to travel to the smaller towns.

“Yacht” is just a fancy name for a boat that costs more than $100,000, and there are many business reasons for owning a boat, such as sport fishing and vacation rentals in destination cities like San Diego and Miami.  In addition, many people live on yachts in harbors where you can’t buy a condo, much less a house, for under $300,000.

Michael Tanner, a Cato Institute senior fellow, wrote that “the French economist and philosopher Frederic Bastiat addressed Obama’s fallacy some 250 years ago, describing “the seen and the unseen,” or in other words, unintended consequences.

“Bastiat referred to the example of a farmer who plans to hire a worker to dig a ditch on his property, but is unable to do so because the money he’d have used to pay the ditch-digger went instead to pay taxes.  A government bureaucrat is able to use those taxes to spend on various projects.  Of course, everyone can see the results of that spending, which undoubtedly makes the bureaucrat popular.  But what goes unseen is the loss suffered by the poor ditch digger.”

President Obama and others like my son seem to think if someone is wealthy, his or her money just sits around.  In reality, people either spend their money or save and invest it.  If they spend it, it helps provide jobs for the people who make and sell whatever it is they buy.  If they save or invest their money, it provides the capital that is needed for entrepreneurs to start businesses and hire workers.

People need to realize that every dollar that the government takes in taxes or borrows as debt is one less dollar that someone in the private sector has to spend, save or invest.  The government then spends the money on the popular programs such as student loans, medical research, Medicare, etc., but this comes at a cost of the lost jobs and slower economic growth that result from the higher taxes.

As a nation, we can’t allow government to kill the goose that lays the golden eggs, which would result in slower economic growth and lost jobs.  We certainly don’t need higher taxes for any selected group of businesses or individuals, such as business jet and yacht purchasers.  We already have the second highest corporate tax rate in the world, and states like California in which I reside, have additional high corporate and personal tax rates.   Instead, we need a tax code that is simpler and flatter, with low marginal rates and few deductions and tax loopholes.

Unintended Consequences of U. S. Environmental Protection Laws

Tuesday, March 22nd, 2011

One of the most difficult problems in bringing back manufacturing from offshore to “Reshoring” in the United States is the increasingly stringent environmental regulations being imposed at Federal and State level that adversely affect various sectors of the manufacturing industry.   The following describes some of the more stringent environmental regulations.

Clean Water:  As authorized by the Clean Water Act in 1972, the federal Environmental Protection Agency (EPA) oversees the National Pollutant Discharge Elimination System (NPDES) Regulations for Storm Water Discharges.  In most cases, the NPDES program is administered by authorized states.  Many states, such as California, have set up multiple water quality control regional boards that develop and administer specific regulations for their region.  The San Diego regional board issued 62 pages of new regulations in August 2002, for which compliance has been very onerous and expensive for manufacturers.  For example, rain water falling on a manufacturer’s parking lot must be monitored so that toxic pollutants, oil grease, waxes, chemicals, and visible floating materials are prevented from entering the storm drains on the property connecting to the municipal sewer system.

Hazardous Air Pollutants:  In 2005, the Federal Occupational Safety and Health Administration (OSHA) proposed standards to go in effect January 1st 2006, but Congress didn’t approve the new standards as stringently written.  The proposed standards would have reduced the allowed emissions for hexavalent chromium (a chemical compound used in the chrome plating process) to less than 1/50th of the allowable level (52 mg. of chromium per meter of air down to 1mg.)  The emission standard of 52 mg. that went into effect in 1998 was already a 97 percent reduction in hexavalent chromium emissions.  In May 2006, Congress finally approved slightly less stringent regulation of 5 mg. per cubic meter of air, which went in effect January 2007.

Metal plating, including chrome plating, is important to the electronics, machine equipment, defense, and automotive after-market sectors of manufacturing because every metal part that could corrode is nickel or chrome plated to keep it from corroding.  These new standards required existing chrome plating facilities to purchase new environmental control equipment in order to maintain compliance status.  Many large plating facilities converted to the more expensive, but less toxic trivalent chromium, which is suitable for some applications and certain thicknesses of plating.  The trivalent chromium process requires more careful control than the hexavalent chromium process and is more difficult to do in some applications such as barrel plating.

On June 12, 2008, the EPA issued final national air toxics standard for smaller-emitting sources in the plating and polishing industry applicable to cadmium, nickel, lead, manganese, and chromium.  The final rule affected an estimated 2,900 existing planting and polishing facilities.  These standards seriously affected the chrome plating industry nationwide and have accelerated the offshore outsourcing of products requiring chrome plating.

In San Diego County, six metal processors went out of business between 2007 and 2008, and one company closed down its chrome plating line prior to the stricter regulations going into effect.  Two companies moved their chrome plating across the border to Tijuana, Mexico so that there are now only two metal processors that do chrome plating, which has stretched lead times for locally fabricated metal parts that require chrome plating.  Of course, there is no border control for the flow of air so emissions in Tijuana affect the air quality in San Diego County.

Clean Air:  In September 2006, the federal EPA approved new national air quality standards that reduced the previous daily particulate matter standard by nearly 50 percent.  Particulate matter is fine particles such as soot, dust, and liquid droplets that are too small to see.  A new Maximum Achievable Control Technology (MACT) for hazardous waste combustors (boilers and incinerators) followed in 2008.  EPA will soon announce new draft rules aimed at slashing toxic air pollution emitted by power plants.

Electric utilities and manufacturers have objected to these new air quality regulations, saying that the new rules cost billions of dollars to implement.  William O’Keefe, CEO, George Marshall Institute, wrote “…the utility MACT will impose costs on utilities that far exceed air quality benefits…Forcing the utility industry to install the most expensive emissions reduction technologies will simply drive up the cost of electric power when it can least be afforded…That is not what we need as our economy struggles to recover from the worst recession in decades.”

A report released in 2007 by the National Association of Manufacturers  (NAM) stated “the domestic environment for manufacturers is dominated by concerns about rising external costs that make manufacturing from a U. S. base difficult.  These costs for corporate taxes, health care and pensions, regulation, natural gas, and tort litigation add more than 30 percent to manufacturers’ costs.”

In addition, the NAM report stated that the annual cost of complying with federal regulations is more than $10,000 per employee for manufacturers, while the cost is half that for non-manufacturers.  When companies are spending more money on regulatory compliance, materials, fuel and energy, they have less money for R & D, new product development, and purchase of capital equipment and systems.  This puts U. S. manufacturers at a substantial disadvantage compared to manufacturers in countries that aren’t subject to this degree of regulation.

On October 14, 2010, Joe Barton, Ranking Member of the Committee on Energy and Commerce and Michael Burgess, Ranking Member of the Subcommittee on Oversight and Investigations, wrote a letter to Lisa Jackson, Administrator of the U. S. Environment Protection Agency, expressing their concern over the cumulative impacts of new regulations being proposed by the EPA under the Clean Air Act (CAA).  The letter included a chart (51 pages), which identified approximately 40 proposed or final CAA regulations, including greenhouse gas regulations, revised air quality standards, and other regulator proposals under the CAA, as well as many regulations in the pre-proposal stages.   The letter stated, “At least eight of the proposed or final rules included have compliance costs estimated by EPA to exceed $1 billion each.  It appears that collectively the Administration’s new or proposed CAA regulations could impose billions of dollars of additional new costs annually on U. S. business as the new rules are implemented by your agency.”  A response was requested with regard to the accuracy of the compliance costs estimated included in the chart and if there were any other pending or proposed CAA regulations not included in the chart.

One of the unintended consequences of strict environmental protection laws and regulations in the United States that drives manufacturing offshore is the increased environmental pollution in other countries, such as China and India.  India and China have been getting more polluted in the last 30 years, as more and more U.S. manufacturing companies have outsourced to these countries.  Four cities in India and six cities in China are listed in the “Dirty 30” list of the worst polluted sites in the world, according to a 2007 report by the New York-based Blacksmith Institute.  The Institute’s “Top 10” list now includes four cities in China and two in India.  The Institute’s list is based on scoring criteria devised by an international panel that includes researchers from Johns Hopkins University, Harvard University, and Mt. Sinai Hospital in assessments of more than 400 polluted sites.  “Children are sick and dying in these polluted places, and it’s not rocket science to fix them,” said Richard Fuller, Blacksmith Institute’s founder and director.  The Institute highlights the health threats to children from industrial pollution, such as the stunting effect of lead poisoning on intellectual development.  Some 12 million people are affected in the top ten sites, according to the report.

One of the worst examples is Wanshan, China, termed the “Mercury Capital” of China, because more than the 60 percent of the country’s mercury deposits were discovered there.  Mercury contamination extends through the city’s air, surface water systems, and soils.  Concentrations in the soil range from 16 to 232 times the maximum national standard for mercury contamination. To put this into perspective, the mercury from one fluorescent bulb can pollute 6,000 gallons of water beyond safe levels for drinking, and it only takes one teaspoon of mercury to contaminate a 20-acre lake – forever.  The health hazards of mercury exposure include kidney and gastrointestinal damage, neurological damage, and birth defects.  Chronic exposure is fatal.

On June 19, 2007, the Netherlands Environment Assessment Agency announced that China’s carbon dioxide (CO2) emissions were seven percent higher by volume than the United States in 2006.  Many experts were skeptical, but on June 13, 2008, the same agency announced that a new study found that China’s emissions were 14 percent higher than those of the United States in 2007.  “The Chinese increase accounted for two-thirds of the growth in the year’s global greenhouse gas emissions, the study found.”  In addition, China is now the largest source of SO2 emissions in the world (SO2 causes acid rain), and.  Japan and South Korea suffer from acid rain produced by China’s coal-fired power plants and yellow dust storms that originate in the Gobi desert.

An article titled “Scientists Track Asian Pollution” in the September 4, 2008 issue of The News Tribune of Tacoma, Washington reported that the Journal of Geophysical Research that stated “East Asia pollution aerosols could impose far-reaching environmental impacts at continental, hemispheric and global scales because of long-range transport,” and “a warm conveyer belt lifts the pollutants into the upper troposphere over Asia, where winds can wing it to the United States in a week or less.”

Dan Jaffe, a professor of environment science at the University of Washington and a member of the National Academies of Science panel studying the issue, said,  “This pollution is distributed on average equally from Northern California to British Columbia.”  He added that “up to 30 percent of the mercury deposited in the United States from airborne sources comes from Asia, with the highest concentrations in Alaska and the Western states.”

What good does it do to control the quality of our air and water in the United States so strictly that we drive our manufacturing industry south of the border to Mexico or offshore to Asia where environmental regulations are either lax or nonexistent?  If people want strong environmental protection while retaining American jobs, we are going to have to analyze the cost of the environmental impact on American manufacturers and accept a reasonable compromise that doesn’t go overboard on environmental regulations that drive more and more manufacturing offshore.  Another option would be to assess an environmental impact fee on products imported based on the level of pollution in the country of origin as compared to that of the U. S.  The natural disasters of the past year, such as the Icelandic volcano, and the recent earthquake/tsunami in Japan have shown us that what happens to the environment in one part of the world affects the environment of other parts of the world.  While government takes the time to come to grips with this problem, you can prevent yourself from contributing to the world’s pollution by buying products made in America.  Remember, every product you buy made in China or India contributes to the world’s pollution.

Congress — It’s Jobs, Stupid!

Tuesday, November 16th, 2010

Outside of the anomaly of California, the results of the election two weeks ago showed that people were very concerned about jobs, namely, the lack of jobs in the United States and the loss of jobs due to outsourcing offshore in Asia.  Our economy is limping along at monthly average of a 1.5 percent growth rate in our Gross Domestic Product (GDP), which isn’t enough to create the amount of jobs we need.

TV news shows, radio talk shows, newspapers, and magazines are now filled with the opinions of pundits on what we need to do to solve the “jobs” problem and kick-start the economy.   Until the majority of these experts face up to the fact that manufacturing is the foundation of our economy and realize that we must save American manufacturing to provide the higher paying jobs we need, their numerous ideas and recommendations will fall short of solving the problem.

There is a broad spectrum of ideas and recommendations on how we can save American manufacturing presented in my book Can American Manufacturing be Saved?  Why we should and how we can. These ideas and recommendations range from extreme protectionism to reasonable and realistic recommendations.   What can we do right now that will have the most impact on helping American manufacturers and create jobs?

First, we need to stop the bleeding.  By this, I mean we need to put an end to tax policies and laws that are hurting businesses and keeping them from hiring people.  The lame duck Congress needs to stop talking about “extending the Bush tax cuts” and do something about preventing tax hikes from going in effect January 1, 2011.  These tax hikes include raising the capital gains tax, eliminating the R&D tax credit, and raising the Death Tax back up to 55 percent, all of which would be the most harmful to businesses, especially manufacturers.  Paying higher taxes leaves companies with less money to hire new people.  Paying more taxes keeps people from buying goods they want vs. need, which will stimulate the economy and create jobs.

The National Association of Manufacturers has long recommended that the cost of tax complexity and compliance be reduced, focusing on provisions that are particularly complex for manufacturers, such as depreciation calculating cost of good sold, and the corporate alternative minimum tax.

A 121-page report titled “Approaches to Improve the Competitiveness of the U. S. Business Tax System for the 21st Century” was released on December 20, 2007 by the U. S. Department of the Treasury and could be used to start reforming our tax system.

In the 1980s, the United States had a low corporate tax rate compared to other countries, but now has the second highest.  Japan has had the highest corporate tax rate at 39.54 percent, but the new government has proposed reducing Japan’s corporate tax rate down to 25 percent.  If this reduction goes through, the United States corporate tax rate would be the highest at 39.1 percent (when combining federal and the average of state taxes.)   Other countries are continually changing their tax systems to gain competitive advantage.  According to the Organization for Economic Cooperation and Development (OECD), Ireland’s tax is lowest at 12.5 percent while most of the other major industrial nations have corporate tax rates ranging from 19 to 30 percent.

The Treasury Dept says, “As other nations modernize their business tax systems to recognize the realities of the global economy, U. S companies increasingly suffer a competitive disadvantage. The U. S. business tax system imposes a burden on U. S. companies and U. S. workers by raising the cost of investment in the United States and burdening U. S. firms as they compete with other firms in foreign markets.”

The study concludes that the current system of business taxation in the United States is making the country noncompetitive globally and needs to be overhauled.  A new tax system aimed at improving the global competitiveness of U. S. companies could raise GDP by 2 percent to 2.5 percent.  Rather than present particular recommendations, the report examines the strengths and weaknesses of the three major approaches presented.

The Executive Summary also comments on the importance of the individual income tax rates because roughly 30 percent of all business taxes are paid through the individual income tax on business income earned by owners of flow-through entities (sole proprietorships, partnerships, and S corporations).   These businesses and their owners benefited from the 2001 and 2003 income tax rate reductions.   This sector has more than doubled its share of all business receipts since the early 1980s and plays a more important role in the U. S. economy, accounting for one-third of salaries and wages.

The Executive Summary concludes, “…now is the time for the United States to re-evaluate its business tax system to ensure that U. S. businesses and U. S. workers are as competitive as possible and Americans continue to enjoy rising living standards.”

At the same time, we need to close a huge tax loophole that multinational corporations are enjoying at the expense of American workers and which is a big incentive for U S. firms to invest abroad in countries with low tax rates.   In June 2006, James Kvaal, who had been a policy adviser in the Clinton White House and was then a third-year student at Harvard Law School, published a paper “Shipping Jobs Overseas:  How the Tax Code Subsidized Foreign Investment and How to Fix it.”  In this well-researched paper, Kvaal points out “American multinationals can defer U. S. taxes indefinitely as long as profits are held in a foreign subsidiary.  Taxes are only due when the money is returned to the U. S. parent corporation.  The result is like an IRA for multinationals’ foreign investments:  foreign profits accumulate tax-free.  U. S. taxes are effectively voluntary on foreign investments.”

There’s no rule saying American companies ever have to bring that money home.  As long as they reinvest earnings overseas, they pay only the host country’s (usually lower) tax rate.   Many companies just put the money they make overseas back into their foreign operations, which means more economic growth for other countries, and less here at home.   He wrote “when multinationals choose to return profits to the U. S., they can offset any foreign taxes against their U. S. tax…As a result, the effective tax rate on foreign non-financial income is below 5 percent, well below the statutory rate of 35 percent.”

He recommends changing the tax code to a “partial exemption system” that “would tax foreign income only if a foreign government failed to tax it under a comparable tax system.  As a result, all corporate income would be taxed at a reasonable rate once and only once.”  He opines that this system would reduce incentives to invest in low-tax countries, simplify the taxation of corporate profits, and reduce tax competition by removing the benefit of tax havens.  He urged immediate action “to ensure that our tax code no longer exacerbates incentives to move offshore.”

Taxes play a role in the decision of national and multinational companies about where to invest and create jobs.  The present tax system penalizes productivity and cripples manufacturers in our capitalist economy.  It’s time we had a system where American companies don’t have an incentive to offshore because our tax laws make it impossible for them to compete in the global economy.  Time is running out!  Congress must act now!  Perhaps if you contact your representative in Congress, it will make a difference.