I like this almost as much as a flat or fair tax, and it seems far more 
politically viable. 

E



Tax Reform and the Twenty-Eight Percent
http://www.bipartisanpolicy.org/blog/2011/11/tax-reform-and-twenty-eight-percent

Posted Nov. 18, 2011

Simplification of the tax code by aligning the top individual, corporate, 
capital gains and dividend rates

By Loren Adler and Shai Akabas

Apostolos Pittas contributed to this post.

Republican Senator Pat Toomey of Pennsylvania put forth a proposal to the super 
committee that would raise about $300 billion in new tax revenues while 
simultaneously lowering the top marginal individual income tax rate to 28 
percent.

[Video: Sen. Pat Toomey Cites BPC’s Pro-Growth Tax Reform Plan]

Democrats roundly criticized his plan, claiming that it would be a 
distributional nightmare, cutting taxes for the richest Americans while raising 
them for everyone else.

Contrary to common wisdom, however, slashing the top marginal income tax rate 
to 28 percent and producing a more progressive tax system can go hand-in-hand. 
But, in order to achieve both of these goals, capital gains and dividends must 
be taxed as ordinary income.

Eliminating the differential between the top tax rate on capital gains and 
dividends (currently at 15 percent) and that on ordinary income will establish 
equal treatment among taxpayers with different sources of income, and destroy 
the benefits of tax shelters that convert ordinary income into capital gains. 
These distortions breed unfairness in the system. Under current law, for 
example, partners in private equity firms receive a substantial share of their 
compensation as tax-favored capital gains, while others with variable earnings, 
such as salesmen on commission or executives receiving performance-based 
bonuses, must pay ordinary income tax rates on their compensation.

Equalizing the two top rates also will reduce the compliance and administrative 
costs associated with sophisticated tax-planning strategies.

The proposal put forth by the Bipartisan Policy Center’s (BPC) Debt Reduction 
Task Force follows this path, calling for comprehensive, pro-growth tax reform. 
Under BPC’s proposal, there would be two rates for individuals – 15 and 28 
percent – and a top rate of 28 percent for corporate taxes. Moreover, capital 
gains would be taxed as ordinary income, solving the aforementioned problems. 
To further reduce the deficit and simplify the code, BPC’s proposal also 
eliminates most tax expenditures and streamlines the deductions left in place. 
The plan would introduce a 15 percent flat refundable credit for charitable 
contributions and for up to $25,000 of mortgage interest on a primary residence.

Should the super committee eliminate differential treatment of capital 
gains/dividends and ordinary income, they would be acting in line with 
President Reagan’s vision of tax reform – specifically, with his Tax Reform Act 
of 1986. This Act similarly taxed capital gains and dividends as ordinary 
income, subject to a top-bracket rate of 28 percent.

BPC’s plan achieves a massive simplification of the tax code by aligning the 
top individual, corporate, capital gains and dividend tax rates. As an added 
bonus, most individuals will no longer have to file an annual tax return beyond 
an initial declaration of status because the most commonly taken deductions 
either have been transformed into refundable credits or can only be deducted 
above a substantial floor. Despite a low top rate of 28 percent, the new tax 
system also would be more progressive than the one in place today.

We need a Grand Bargain – one that addresses rising health care costs, 
particularly in the Medicare program, and also raises the requisite revenue to 
achieve a reasonable debt-reduction goal. BPC’s plan accomplishes this, 
primarily through a practical and efficient defined support system for Medicare 
and an attractive overhaul of our arcane tax code. Domenici and Rivlin put it 
best in yesterday’s Hill op-ed, “any plan without those two essential 
components should go back to the drawing board.”

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