The Internet Tax Freedom Act of 1997 imposed a moratorium on taxing
Internet access, which expired in November 2003. The House passed
legislation to continue the moratorium, but the Senate has failed
to pass a corresponding bill. Critics of the House bill contend
mistakenly that it does more than extend the moratorium and
threatens states' ability to collect sales taxes. Even if this were
the case, though, economic analysis predicts that such taxes would
reduce GDP, disposable income, and employment.
Legislative
Background
The
House bill (
H.R. 49), sponsored by Representative Christopher Cox (R-CA),
permanently prohibits Internet access taxes, such as fees that
would be added to an America Online bill. In the Senate, George
Allen (R-VA) and Ron Wyden (D-OR) introduced a bill (
S. 150) that would permanently extend the access tax ban and
extend its scope. Complicating matters, Lamar Alexander (R-TN) and
Thomas Carper (D-DE) are expected to introduce another bill this
week that would extend the moratorium for only two years, with a
more limited scope, thus allowing many more services to be taxed.
In
addition to the competing versions of the legislation, the fact
that critics have unfairly linked H.R. 49 to separate tax issues
further diminishes prospects for a quick resolution.
Two Taxes,
Two Separate Issues
For
several years, state and local governments have complained that
Internet commerce threatens their ability to collect sales taxes. Now, groups such as the
Multistate Tax Commission (MTC)
have pinned the sales tax issue on H.R. 49. For instance, a new MTC
report says that H.R. 49 goes "…beyond access by customers
to the Internet…" and that it expands "…the scope of
the preemption to income, property and other business
taxes…"
In
fact, there is nothing in H.R. 49 (or S. 150) that prevents
governments from levying these taxes. Nonetheless, the MTC claims
that H.R. 49 would "…reduce revenues from current taxes
levied by the 50 states, the District of Columbia and local
governments a minimum of $4 billion and up to $8.75 billion
annually by 2006." The MTC also notes that, because their estimates
do not include the full impact of the bill, they are "conservative"
in nature.
Economic
Impact of Taxing the Internet
In
effect, the MTC is saying that H.R. 49 would reduce "income,
property and other business taxes" relative to current levels.
Since the bill only deals with Internet access taxes, this claim
seems somewhat dubious. Still, their estimates imply that H.R. 49
would lower taxes and thus contribute to economic growth in the
private sector.
Of
course, the MTC does not want these taxes to be reduced; they
maintain that governments need these funds. An interesting
question, therefore, is, would these taxes negatively impact
economic activity? To investigate this possibility, CDA analysts
converted the MTC's estimates into increases in the average
effective personal income tax rate (at the federal level).
These
changes in the tax rate were introduced into the Global Insight
(GI) model of the U.S. economy beginning with the first quarter of
2004. Taxes were allowed to
remain above baseline (or those levels without any access tax)
through the fourth quarter of 2013. The GI model produced
two sets of estimates, one that depends on the MTC's "low" forecast
of revenue reductions and the other that depends on the "high"
forecast.
By the fourth
quarter of 2006 - when the MTC believes the full impact of the
revenue reductions will be felt - the GI U.S. Macroeconomic Model
predicts the following outcomes:
-
Total non-farm
employment is lower by amounts that range between 91,000 and
209,000 workers;
-
The nation's
unemployment rate rises from 5.44 to 5.47 percent in the low
revenue scenario, and from 5.44 to 5.53 percent in the high revenue
scenario;
-
Inflation
adjusted Gross Domestic Product falls by amounts between $8.7
billion and $19.6 billion (between $79.10 and $178.21 per
household);
-
Personal
consumption falls by amounts ranging between $4.1 billion and $9.2
billion (between $37.28 and $83.65 per household); and
-
Inflation-adjusted disposable personal income (income left over
after taxes have been paid) falls by amounts between $11.3 billion
and $25.4 billion (between $102.74 and $230.95 per
household).
Taxes Slow Growth
By
the MTC's own assumptions, failing to implement H.R. 49 would come
with an economic price. Not only would these taxes slow the growth
of the Internet's penetration rate (and perhaps its usage), but
they would also slow economic activity throughout the country. Tax
increases, especially when levied on an activity engaged in by a
large percentage of the population, frequently have a negative
impact on economic activity.
The
estimates above are suggestive of how important Internet technology
is to our economy. And, it is precisely because the technology
sector has been a key source of economic growth in the U.S. that it
is an attractive source of tax revenue for various constituents.
Interestingly, these groups are discovering that the technology
itself presents serious challenges to conventional methods for
collecting taxes.
Technology
Threatens Tax Collections
Contrary to what the MTC may argue, state and local governments
only have a "right" to collect taxes in the statutory sense. In
other words, popularly elected officials have passed legislation
giving themselves the right to impose and collect taxes, but they
have no inherent right to collect any taxes. If recent
technological changes make it harder for governments to collect
taxes, then they also make it easier for individuals to keep their
own money.
Norbert J. Michel, Ph.D., is a policy analyst in, and
William W. Beach is director of, the Center for Data Analysis at
The Heritage Foundation.