Introduction
The next section compares tax rates under each of the plans. The third section explains how the proposals differ on the exemptions and deductions that should be allowed. Tax credits and other features under the plans are compared fourth. The fifth section discusses the candidates’ plans concerning the alternative minimum tax (AMT). Other proposals concerning the individual income tax are discussed in the sixth section. The seventh section briefly explains how Senators McCain and Obama propose to change the estate tax. A brief summary concludes the discussion.
Income Tax Rates
Table 1 - Summary of Tax Rates
Under Existing Law, As Proposed by Senator McCain,
And As Proposed by Senator Obama
| 2008 tax brackets | 2011 tax brackets, under current law[13] | McCain plan | Obama plan | |
| Ordinary income: | ||||
| 10% | 15% | 10% | 10% | |
| 15% | 15% | 15% | 15% | |
| 25% | 28% | 25% | 25% | |
| 28% | 31% | 28% | 28% | |
| 33% | 36% | 33% | 36% | |
| 35% | 39.6% | 35% | 39.6% | |
| Capital gains: | ||||
| 0% 15% | 10%[52] 20% | 0% 15% | 0% 15% 20% |
Exemptions and Deductions
Under Senator Obama, the personal exemption and itemized deduction phaseout thresholds would continue to be adjusted for inflation, as they are under current law.[16] Obama’s plan completely restores the phaseouts of personal exemptions and itemized deductions for taxpayers with incomes higher than the inflation-adjusted thresholds set under current law.[17]
Credits
1. Credits Under McCain's Plan
2. Credits Under Obama's Plan
Senator Obama’s plan introduces a refundable Universal Mortgage Credit equal to 10 percent of the mortgage interest paid in a given year for non-itemizing taxpayers; the credit would be capped at $800 in 2009 and adjusted for inflation thereafter.[50] Currently, non-itemizing taxpayers receive no tax benefit for mortgage interest paid.
Senator Obama would expand and make the existing saver’s credit refundable.[22] The credit would equal 50 percent of savings contributions, for a maximum credit of $250 for individuals and $500 for couples.[23] The credit would phase out at the rate of 5 percent of adjusted gross income that is greater than inflation-adjusted 2009 thresholds of $37,500 ($75,000 for couples).[24]
The earned income tax credit is a refundable credit designed to aid poor workers; this credit is substantially larger for workers who support one or more dependents. Senator Obama would expand the earned income credit by increasing the maximum income for determining the credit and the credit percentage rates. For childless taxpayers (both individual and joint filers), the income subject to the credit would increase from $6,300 in 2009 to $7,250 in 2012,[28] and the income level where the credit phaseout begins would also increase from approximately $7,390 in 2009 to $14,500 in 2012, and would be adjusted for inflation thereafter.[28] Subject to the phase-in and phase-out thresholds, childless workers paying child support would receive credit at the rate of 15.3 percent, twice the current 7.65 percent rate. For taxpayers with three or more children, the maximum credit rate would increase from 40 to 45 percent (but keep their phase-out rate at 21.06%). Instead of $3,100, couples filing jointly would be subject to phase-out at a threshold that is $5,000 greater than the threshold for heads of households in 2009, and this excess would be inflation-adjusted after 2009. Under Obama, the maximum earned income tax credit in 2009 increases from $175 to $555 for childless workers, and to $1,110 for workers paying for child's support.[28]
The child and dependent care credit would expand and become refundable under Senator Obama.[29] The maximum rate would increase from 35 to 50 percent, the phase-down threshold would increase from $15,000 to $30,000, and the phase-down rate would increase from 1 percent to 2 percent per $2,000 increment above the threshold.[30] In other words, the credit amount would not reduce until the taxpayer earns more than $30,000, but once that threshold is reached, it would reduce at twice the previous rate per $2,000 increment of additional income.
Alternative Minimum Tax
Tax practitioners report that truly wealthy taxpayers, such as those with taxable incomes greater than $2,000,000, rarely pay the AMT. This result probably occurs because most of the items that are added back in determining AMT income do not continue to increase in proportion to income for very high-income taxpayers (e.g., medical expenses, unreimbursed business expenses, standard deduction and/or personal and dependent exemptions).
Although Senator McCain has said that he would repeal the AMT, his senior economic adviser later indicated that he would instead index the AMT exemption based upon the 2007 level for the years 2009-2013.[34] This generally means that if you paid the AMT in 2007, under McCain’s plan you can expect to continue to pay the AMT until 2013 as long as your income and expenses keep up with inflation. Starting in 2014, under McCain the exemption would increase 5 percent per year, in addition to inflation, until it reaches $143,000, when again the exemption would be adjusted only for inflation.[10] McCain would also allow personal nonrefundable credits to be used to reduce the cost of the AMT.[35]
Senator Obama supports what he describes as “fiscally responsible” AMT reform.[36] Observers have taken this to mean that the current AMT exemption amounts would be adjusted for inflation from 2007 levels and that personal tax credits would be allowed permanently in determining the AMT.[36]
Other Aspects of the Individual Income Tax
Under Senator McCain’s plan, taxpayers could elect to compute their taxes under an alternative tax system, the Alternative Simplified Tax. The plan would require a multi-year commitment by the taxpayer, thus preventing taxpayers from annually choosing the most favorable method of computing taxes.[37]
Concerning perceived tax abuses, Senator Obama wants to tax carried interest, i.e., a fund manager’s share of distributions from a private equity or hedge fund, as ordinary income.[40] Obama would make the economic substance doctrine part of formal law; until now it has been developed only through case law. Affecting both individuals and corporations using tax shelters, this concept requires that transactions created for tax purposes must have economic justification beyond the tax benefits.[18]
Estate Taxes
Senator Obama would make the 2009 estate tax rules permanent.[41] That is, he would exempt the first $3.5 million from the estate tax and continue the 45 percent top estate tax rate.
Summary
References
- Burman, Khitatrakun, Leiserson, Rohaly, Toder, and Williams, “An Updated Analysis of the 2008 Presidential Candidates’ Tax Plans,” August 15, 2008, (revised slightly 8/21/08) is a report of the Urban-Brookings Tax Policy Center (hereafter the “Tax Policy Center 8/21/08 Report"). See page 1.
http://www.taxpolicycenter.org/ - See pages 1 and 38 (among others) of the Tax Policy Center 7/23/08 Report.
http://www.taxpolicycenter.org/ - The magnitude of the economic burden of tax complexity relative to benefits is unclear. For further insight, see Bill Gale’s 2001 article in Tax Notes, “Tax Simplification: Issues and Options” (Vol. 92, No. 11), September 10, 2001.
- The sunset provisions are Sec. 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001, Secs. 107 and 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003, and Sec. 102 of the Tax Increase Prevention and Reconciliation Act.
- See Internal Revenue Code Section 1(i)(2).
http://www.fourmilab.ch/ustax/www/t26-A- 1-A-I-1.html - Internal Revenue Code Section 1(h)(1).
http://www.fourmilab.ch/ustax/www/t26-A- 1-A-I-1.html - Internal Revenue Code Section 1(h).
http://www.fourmilab.ch/ustax/www/t26-A- 1-A-I-1.html - The capital gains rate will revert to 18 percent on qualified five-year capital gains (8 percent for taxpayers in the 10 and 15 percent brackets).
- Senator McCain would not, however, permanently establish the tax cuts of the Pension Protection Act of 2006 (i.e., the savers's credit and the higher limits on contributions to tax-favored retirement accounts). See page 6 of the Tax Policy Center 8/15/08 Report.
http://www.taxpolicycenter.org/ - See “The McCain Budget Plan,” in The Washington Post, July 14, 2008, a report from Senator McCain’s senior economic adviser, Douglas Holtz-Eakin (retrieved 7/29/08).
http://www.washingtonpost.com/wp-dyn/con tent/article/2008/07 /13/AR2008071301643_ pf.html - From Len Burman, host of the oral discussion at “Dueling Tax Plans: What Would McCain and Obama Do?” a conference presented by the Urban-Brookings Tax Policy Center on July 23, 2008 (retrieved 7/29/08).
http://www.taxpolicycenter.org/events/up load/TPC072308duelin gcandidates.mp3 - See page 10 of the Tax Policy Center 8/15/08 Report.
http://www.taxpolicycenter.org/ - See Internal Revenue Code Section 1(a) through 1(d). Effectively, the 10% rate is scheduled to be replaced by the 15% rate in 2011.
http://www.fourmilab.ch/ustax/www/t26-A- 1-A-I-1.html - See IRS Revenue Procedure 07-66, pp. 13-14 (retrieved 8/6/08).
http://www.irs.gov/pub/irs-drop/rp-07-66 .pdf - See page 4 of the Tax Policy Center 6/20/08 Report.
http://www.taxpolicycenter.org/ - See Internal Revenue Code Section 151(d)(4).
http://www.fourmilab.ch/ustax/www/t26-A- 1-B-V-151.html - See page 10 of the Tax Policy Center 8/15/08 Report.
http://www.taxpolicycenter.org/ - See page 2 of “Barack Obama's Comprehensive Tax Plan,” (retrieved 8/27/08).
http://obama.3cdn.net/b7be3b7cd08e587dca _v852mv8ja.pdf - See page 12 of the Tax Policy Center 8/15/08 Report.
http://www.taxpolicycenter.org/ - See page 12 of Senator McCain’s “Jobs for America” briefing (retrieved 8/6/08).
http://www.johnmccain.com/Images/Issues/ JobsforAmerica/brief ing.pdf - See Senator McCain's website (retrieved 8/26/08).
http://www.johnmccain.com//Informing/Iss ues/17671aa4-2fe8-40 08-859f-0ef1468e96f4 .htm - Rules concerning the current refundable saver’s credit are found in Internal Revenue Code Section 25B.
http://www.fourmilab.ch/ustax/www/t26-A- 1-A-IV-A-25B.html - See "Barack Obama's Retirement Security Agenda"(retrieved 8/26/08).
http://www.barackobama.com/pdf/retiremen tFactSheet.pdf - See page 11 of the Tax Policy Center 8/15/08 Report. However, the $65,000 credit threshold mentioned in the Report is increased to $75,000 to reflect the candidate's current threshold proposal on page 2 of the linked document (retrieved 8/26/08).
http://www.barackobama.com/pdf/retiremen tFactSheet.pdf - See Senator Obama's website (retrieved 8/6/08).
http://www.barackobama.com/issues/educat ion/ - See Senator Obama's website (retrieved 8/6/08).
http://www.barackobama.com/issues/servic e/ - Internal Revenue Code Section 25A and IRS Publication 970, “Tax Benefits for Education.”
http://www.fourmilab.ch/ustax/www/t26-A- 1-A-IV-A-25A.html - See page 11 of the Tax Policy Center 8/15/08 Report.
http://www.taxpolicycenter.org/ - See Senator Obama's website (retrieved 8/6/08).
http://www.barackobama.com/issues/family / - See page 12 of the Tax Policy Center 8/15/08 Report.
http://www.taxpolicycenter.org/ - See page 10 of the Tax Policy Center 7/23/08 Report.
http://www.taxpolicycenter.org/ - For further information on the incidence and costs of the AMT, see Revenue and Tax Policy Brief Number 4, produced by the Congressional Budget Office and dated April 15, 2004, “The Alternative Minimum Tax” (retrieved 8/6/08).
http://www.cbo.gov/doc.cfm?index=5386&ty pe=0 - See “The Individual Alternative Minimum Tax: Historical Data and Projections, Updated June 2008,” by Greg Leiserson and Jeffrey Rohaly of the Tax Policy Center at the Urban Institute and Brookings Institution (retrieved 8/6/08).
http://www.taxpolicycenter.org/UploadedP DF/411703_individual _amt.pdf - See “McCain Will Repeal the AMT. Wait, no…” by Jeanne Sahadi on CNNMoney.com, June 14, 2008 (retrieved 8/6/08).
http://money.cnn.com/2008/06/13/news/eco nomy/mccain_amt_phas eout/index.htm?postv ersion=2008061413 - See page 7 of the Tax Policy Center 7/23/08 Report.
http://www.taxpolicycenter.org/ - See page 10 of the Tax Policy Center 7/23/08 Report.
http://www.taxpolicycenter.org/ - From Senator McCain’s senior economic adviser, Douglas Holtz-Eakin, oral discussion at “Dueling Tax Plans: What Would McCain and Obama Do?” a conference presented by the Urban-Brookings Tax Policy Center on July 23, 2008 (retrieved 7/29/08).
http://www.taxpolicycenter.org/events/up load/TPC072308duelin gcandidates.mp3 - See Senator McCain's website (retrieved 8/6/08). Presumably, McCain’s proposal would mean the removal of existing state sales and excise taxes on Internet-based transactions where the vendor has nexus in the state.
http://www.johnmccain.com/Issues/Jobsfor America/taxes.htm - See Senator McCain's website (retrieved 8/6/08). One implication would be a reduction in existing state sales tax revenue (and related state-level budget shortfalls) arising from Internet-based transactions made by firms that have nexus in the state.
http://www.johnmccain.com/Issues/Jobsfor America/taxes.htm - See "Tax Fairness for the Middle Class," by Barack Obama (retrieved 8/6/08) and page 12 of the Tax Policy Center 7/23/08 Report.
http://obama.3cdn.net/b7be3b7cd08e587dca _v852mv8ja.pdf - See page 5 of the Tax Policy Center 7/23/08 Report.
http://www.taxpolicycenter.org/ - See page 25 of the Tax Policy Center 7/23/08 Report.
http://www.taxpolicycenter.org - See Table 6 (page 33) and Table 7 (page 34) of the Tax Policy Center 8/15/08 Report.
http://www.taxpolicycenter.org - See pages 2 and 35 of the Tax Policy Center 8/15/08 Report.
http://www.taxpolicycenter.org - See pages 30 of the Tax Policy Center 8/15/08 Report.
http://www.taxpolicycenter.org - See Table 4 (page 30) and Table 5 (page 31) of the Tax Policy Center 8/15/08 Report.
http://www.taxpolicycenter.org - See page 8 of the Tax Policy Center 8/15/08 Report.
http://www.taxpolicycenter.org - See page 9 of the Tax Policy Center 8/15/08 Report.
http://www.taxpolicycenter.org - See pages 10 and 11 of the Tax Policy Center 8/15/08 Report.
http://www.taxpolicycenter.org - See pages 2 and 3 of "Barack Obama: Tax Fairness for the Middle Class."
http://obama.3cdn.net/b7be3b7cd08e587dca _v852mv8ja.pdf - See page 11 of the Tax Policy Center 8/15/08 Report.
http://www.taxpolicycenter.org - Under current law, 8% and 18% rates will be reinstated in 2011 for capital assets held for qualified five-year gains. IRC Sec. 1(h)2), temporarily eliminated by Pub. L. 108–27, §§ 301(b)(1)(A).




Wlodzimierz Holsztynski
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Wrong instrument or wrong application for the given instrument
In general, when we make a reasonable transaction, it gives us a satisfaction and pleasure to pay for the obtained service or product. This is not the situation with the income tax, which is imposed on us. This alone proves that the system is wrong. As a good temporary measure the "Painless tax",
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is a good solution, which can be implemented gradually, over 4-5 years. If there are some people interested in it, I will extend my series of knols "Art of Agreement":
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In particular, I'll formulate the main laws of agreements. The main rule though is that the Art of Agreement has to be continuously and creatively developed by many people.
Anonymous
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Tax Reform
Anonymous
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Income Is not Wealth
This would increase their *income* by $290,708 -- not necessarily their "wealth". If the income was spent on something (say, multiple spa treatments or a trip around the world) that did not retain value, it would be an expense. The income would vanish with the expenditure. It would not leave any residual net worth -- which is how I define wealth.
A retired couple with $2 million dollars in liquid net worth, invested to conservatively pay out 5% per year would have income of $100,000. Are they wealthy? I'd say yes -- very few people have $2 million. Would they be taxed as the wealthiest among us? Not by either candidates plans.
These are important distinctions that get lost in the tax debate. We are talking about how to tax *income* for any given year -- but this has very little bearing on whether they are wealthy. A person who isn't wealthy (say, >$20,000 in net worth) who sells a sole proprietorship company for $1 million would be seen as having $1 million in income -- and be taxed as wealthy. But they are only beginning to attain the status that most consider wealthy. And after the government takes its 40%+ cut (federal income, payroll, and state income taxes) they'd have a nice lump, but not a size of money that would make them "wealthy" in the same way that retired couple is. After taxes, a conservative investment approach would yield $30,000/year on that remaining $600,000.
Davidson Young
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Income Gap
http://www.cbsnews.c
Anonymous
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More great research on the subject
http://www.topodia.c
Billy Jansson
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Untitled
Anonymous
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Helpful and Clear
Mark
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Well Researched Article
Dopey
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A concise, unbiased look at this election seasons tax plans.
Christine P.
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A useful tool for voters