Fred Foldvary wrote:

> If there are zero taxes on corporate profits, but taxes on dividends, 
then the incentive is to retain earnings rather than pay dividends, and 
the shareholders get the profits tax-free until the shares are sold for 
capital gains.  The shares might never be sold, but passed on to heirs.
> 
> For tax fairness, given the income tax, all income should be taxed 
equally, and for efficiency, the tax system should minimize the impact 
on decisions.
> So it is better to tax corporate profits and then credit that against 
tax liabilities of dividend income.  To achieve neutrality, unrealized 
gains should be taxed annually, and then we can forget about capital 
gains.
> 
> That being said, the income tax is inherently unjust, complex, and
> burdensome, but that is another story.

I disagree (not with your last point of course ˇV and it is partly 
because I agree with you on this point, I disagree with you on the rest)

Below is an extract (rather lengthy, sorry) from my 
publication "Simpler Taxes - A guide to the simplification of the 
british tax system" (the whole publication may be downloaded free of 
charge here: 
http://www.adamsmith.org/policy/publications/pdf-files/simpler-
taxes.pdf)

ˇ§The first problem when taxing personal income is determining what it 
is, most importantly distinguishing it from capital gains.  Some will 
find such a distinction impossible and even unwanted, believing that 
any capital gain should be taxed as income.  To those it could be 
argued that:

„h There is a big difference between income and capital gains, and
„h While the former is easily identified and taxed, the latter is not.

The difference between income and capital gains is, in theory, clear 
enough: an income is a certain payment at a certain date, subject to a 
formal or informal contract, while a capital gain is uncertain and not 
guaranteed to be positive.  Thus work wages or interests on bank 
deposits are clearly incomes, while increases in house prices or shares 
are clearly capital gains.  The former are certain and guarantied by 
contracts, while the latter are uncertain and could just as well be 
negative.  Dr. Barry Bracewell-Milnes described the difference thus :

ˇ§It is rather like the difference between night and day.  Certainly 
there is a dusky time in the evening where it is difficult to say 
confidently whether night has fallen or not.  But at most moments 
within any 24-hour period, everyone is perfectly well aware whether it 
is night or dayˇK If the otherwise insignificant boundary becomes 
important in some context, then we set an arbitrary cut-off point ˇV as 
we do with ˇ§lighting up timeˇ¨, a convention to prevent people driving 
unsafely while the night is still deepeningˇ¨

But what about these borderline cases?  Clearly the problem of 
separating income from capital gains, and the possibility of 
transforming the first to the latter, have been the main driving forces 
behind treating capital gains as personal incomes subject to taxation.  
The problem overlooked by those who find the border between the two 
hard to police is, however, that the inclusion of capital gains as an 
income opens up a host of other boundaries to be policed.

To what extent should capital losses be deductible, if at all?  Should 
all capital losses in oneˇ¦s entire lifetime be deductible from any 
capital gains, or only those from within the same year as any gains?  
What about inflation in that period?  To what extent should running 
investments in physical capital, or the opposite as the case might be, 
be included in calculations of capital gains?  If a house is sold after 
20 years of decay for the same price as it was bought, indexed for 
inflation, then surely some capital gain must have been materialised 
along the way by the owner.  Should this gain be taxed?  How is it 
calculated?  If the same house is sold for twice the original price 
after being vigorously kept and refurbished, should this investment not 
be deductible?  What if the bottom has gone out of the housing market 
and the house, despite investments, is still only worth the original 
price?  Should the investments still be deductible?  

The list of questions is never-ending, and I shall not attempt to 
answer any of them.  Neither shall I attempt to answer the other 
question faced when including capital gains as taxable incomes: which 
capital gains should be taxed and which should not.  If policing the 
boundary between income and capital gains is difficult, this new 
boundary is even more so.  As interns or trainees, many young people 
work for low wages in the anticipation that their value as workers will 
rise from the experience, and other young people spend years in 
universities hoping the same.  Clearly these increases in ˇ§personalˇ¨ 
values are capital gains, but neither are taxed.  Only the part of 
personal values actually materialised as income (if any) is being 
taxed.  The capital gain itself is not, and trainees and interns are 
free to leave the country with it ˇV even students are free to leave 
with the capital gains from an education largely paid for by other 
taxpayers.  Only if they choose to stay and earn an income from their 
gains will they be taxed ˇV on their incomes. 

The same clear and logical distinction is easily applied to other 
capital gains.  In fact, most capital investments can be compared with 
the above examples, where young people choose between materialising 
some of their future value now, as trainees, or risking it all for an 
even higher value in the future, as students.  Likewise with bonds and 
shares where you can have little or none of any gains materialised as 
dividend or interest, and the rest as a possible capital gain .  Here 
again we see the clear distinction between the certainty of income and 
the uncertainty of gains.  The first should be taxed, the latter not.

Jacob Braestrup
Danish Taxpayers association


Reply via email to