Last Thursday Townhall contributor Hank Adler published a column on this website entitled “A Hard Look At The Fair Tax
(sic)”. Almost immediately the emails started pouring into my show –
literally by the hundreds – urging me to post a response to Adler’s
rather stinging critique of the FairTax. Since Congressman John Linder, the author of H.R. 25, The
FairTax Act, and I wrote “The FairTax Book” in 2005 we’ve seen an
unprecedented and ever-growing nationwide interest in this tax reform
idea. Let’s face it, you have to be doing something to capture the
imagination of the American people to have a book on taxes debut No. 1
on The New York Times Bestsellers List. There are some, though not in
what we call the mainstream media, who think that Governor Mike
Huckabee’s embrace of The FairTax is an important element to his rise
in the GOP presidential sweepstakes. Now to make this column worth reading for those of you who are not
familiar with the FairTax, a very quick introduction is in order. The FairTax eliminates all corporate, business and personal
federal income taxes, all payroll taxes, capital gains taxes, dividend
taxes and estate taxes, and replaces them all with one embedded sales
tax on the sale of all goods and services at the retail level. Tens of
millions of dollars in research show that the corporate and personal
income and payroll taxes that will be eliminated by the FairTax end up
being paid by consumers at the retail level. The average amount of
embedded taxes in the cost of everything we buy at retail is
approximately 22 percent. This would mean that we are replacing the
embedded cost of our present tax system (22 percent) with the embedded
FairTax (23 percent). Every household in America will receive a check or a credit to
an account at the beginning of every month equal to the amount of
FairTax that household would be expected to pay during that month on
the basic necessities of life. Poverty figures for various family sizes
from the Commerce Department will be used to calculate the size of this
“prebate.” This guarantees that nobody will have to pay the FairTax on
the basic necessities. There is so much more to this proposal, but to learn more you really need to devour the FairTax website (http://www.fairtax.org) or order a copy of The FairTax Book online.
OK .. there’s your briefest of introductions. Let’s move on to the reason for this column.
Congressman Linder and I are no strangers to dealing with
out-of-left-field attacks on the FairTax. When it comes to criticisms,
it’s somewhat safe to say that we’ve heard it all. We’re both such
strong believers in the FairTax and the massive transformation it would
bring about, not only in our daily lives, but in the nature of our
governance and our economy, that neither of us minds responding to
substantive and well thought out critiques. We have, in fact, written a
follow-up book entitled “FairTax, The Truth” that will be published by
Harper Collins in February of next year. Linder and I do, however, confess to a certain level of
exasperation at having to spend the time responding to critiques
proffered by those with a limited understanding of the FairTax, those
who have chosen to ignore the basics of the FairTax, or those who just
outright misrepresent the plan, in order, we suppose, to give support
to a more damming criticism. Helooooooooooo Hank Adler!
Adler’s column wanders (somewhat aimlessly) over 25 pages. With
“FairTax, The Truth” hitting the book stores in less than three months
there is no real need to use quite so much of your precious toner or
ink cartridge in our response. If someone criticized your purchase of a four-cylinder one-ton
pickup truck on the basis that four cylinders simply can’t provide the
power necessary to get any serious work done – and if the reality was
that you were actually purchasing a hefty V-8 – you might be
predisposed to ignore any other criticisms of your new truck on the
basis that the critic simply doesn’t know what he’s talking about. That
is the case with Adler’s FairTax essay. At various points in Adler’s screed he exhibits a complete
lack of understanding – even an awareness -- of the concept of embedded
taxes. Suspecting that there is a slight chance that some of you who
are devouring every word of this column share Adler’s lack of awareness
of embedded taxes, a short explanation is due. Simply put … every person, business or other entity that has
any involvement at all in bringing any product or service to the retail
marketplace incurs a tax cost arising from that involvement; and every
one of these entities will incorporate that tax cost into whatever they
charge for their labor, ideas or material goods. All of those tax costs
come home to roost in the final retail cost of that product or service,
to the average tune of 22 percent. Again, simply put, the FairTax
removes those embedded tax costs from the price of all goods and
services at the retail level and replaces them with the embedded 23
percent FairTax. This is where you find the fatal flaw in Adler’s critique of
the FairTax. Amazingly, not once in his entire 25-page essay does Adler
mention the concept of embedded taxes in the price of everything we
buy, or the fact that those embedded taxes will be removed by the
FairTax. Not only does he not mention the embedded taxes, he doesn’t
even give the vaguest of hints that he even knows they exist! To fail
to understand, or to gloss over or simply ignore this crucial concept
in a discussion of the FairTax is to render your entire argument
lacking in credibility and barely worthy of response. But, being the
argumentative type, I’m going to continue laying waste to at least some
of Adler’s arguments. Adler’s essay does not exactly flow effortlessly from point to
point. So, in the name of brevity and out of a certain sense of mercy,
I’ll just take aim at a few targets of opportunity here. First of all we have this silly insistence on quoting the
FairTax rate as 30 percent rather than 23 percent. This childish
exercise is the favorite of people who either have a vested interest in
preserving our present tax system, or who feel the need to criticize
but lack the ability to make their criticism meaningful. The FairTax is embedded in the price of everything you buy at
the retail level. If you buy a $100 griddle, the price tag for the
griddle will say $100. When you get a receipt for your purchase that
receipt will itemized to show that $77 of the total cost will be
retained by the retailer and $23 will be sent to the federal government
as the FairTax. The total is $100, just as the price tag says. In most
government schools across the country they will teach that the $23
going to the government is 23 percent of $100 you paid for the griddle.
That, my friends, is why the FairTax is quoted as 23 percent; because
it is embedded into not added onto the price of your purchase. Another reason to quote the FairTax as an embedded tax is
because it will essentially be replacing the 22 percent embedded tax
already present in the price of everything you buy, as covered above. Wait! There’s more!
• The FairTax is designed to replace the federal income tax. The
federal income tax is quoted as an embedded tax. If you were to quote
the income tax as an excusive tax the 25 percent bracket would be
quoted as 33.3 percent, and the top bracket would be quoted as 54
percent. • The FairTax will replace all payroll taxes. Payroll taxes
are quoted as embedded taxes. If you were to quote your entire Social
Security tax bill (and that includes your employer’s so-called
“contribution,”) as an exclusive tax the rate would be 20.5 percent. I don’t know, maybe it’s just me, but it seems to me that if
people like Adler are so hell-bent on quoting the FairTax as an
exclusive tax, why not quote the income tax and the payroll taxes the
same way? Doesn’t that seem fair to you? In case Mr. Adler is reading this … one more time. We’re
replacing embedded taxes with embedded taxes. Apples to apples, you
know. Now let’s get on to addressing some of the specific points in
Adler’s column. To make things easy, I’m simply going to put his quotes
in a nifty little boxes, followed by my response. Here we go:
H.R. 25 would result in an immediate reduction in
purchasing power upon implementation for existing savings which have
previously been subject to U.S. income taxes (double taxation). Here Adler once again ignores the role of embedded taxes. The
price of consumer goods in this country would remain essentially the
same. The embedded taxes are merely replaced by the FairTax. How, then,
does anyone suffer a decrease in purchasing power? H.R. 25 would result in an on-going and significant
reduction in purchasing power for many social security recipients with
other sources of income or savings. This is already getting monotonous. How does your purchasing
power go down when you have the same amount of money in your pocket,
perhaps more with the prebate, and the things you are buying cost
pretty much the same? H.R. 25 would result in the elimination of the safety
net provided by the Internal Revenue Code in reducing Federal taxes for
victims of disease and disaster, the elimination of incentives to save
through pension plans or investment retirement, and the elimination of
credits and deductions for child care. What? These incentives Adler is talking about are tax
deductions or credits. Of what possible value is a tax deduction or
credit to someone who pays no income taxes? The income tax is gone
under the fair tax; and Adler is going to sit around bemoaning the loss
of tax deductions? This is like complaining that your 20% off coupons
for bread are rendered worthless when the bakery starts giving bread
away for free. There are conflicting studies projecting the necessary tax rate required to achieve neutral tax revenues under H.R. 25. Every one of these “conflicting studies” first changes the
terms of H.R. 25 before they reveal that the tax rate might not
necessarily be 23 percent. When the FairTax is scored as written
economists agree on the proposed tax rate. With every major conceptual change, there will be
thousands of different interpretations of the rules. It would take
years to sort these interpretations out. During that period, Treasury
would issue volumes of rules and regulations. Different interpretations of the rule! Oh, the humanity! And
we all know that there are no differing interpretations of the rules
under our present tax code, don’t we? Even the IRS can’t accurately
calculate a taxpayer’s tax liability fifty percent of the time. Oh …
and that part about the Treasury issuing volumes of rules and
regulations. The current tax code takes tens of thousands of pages.
H.R. 25 is 133 pages long. H.R. 25 proposes a 23% “tax inclusive” sales tax
rate. Sales taxes are not traditionally described in a “tax inclusive”
manner. Sales taxes are traditionally described in a “tax exclusive”
manner. The FairTax is not a “traditional” sales tax. Consumer prices
are traditionally quoted without the sales tax. Prices under the
FairTax are quoted with the sales tax included. If Adler is so
concerned about tradition, then let him sit on the sidelines while
others with a view to the future get some things done. At implementation, existing savings will have diminished purchasing power of 30%. There’s that 30 percent silliness again .. and once again
Adler completely ignores (if he’s aware of it at all) the fact that
prices do not go up when the FairTax is implemented. The embedded taxes
from our present tax system are removed, the FairTax is added … and
we’re pretty much right back where we started. When you take money out
of your savings account under our current tax scheme, and when you
spend that money, you’re paying the 22 percent embedded tax. After
implementation you’ll be paying the 23 percent embedded FairTax
instead. Wrong, Mr. Adler. Flat out wrong. At implementation, all of the social and business
incentives, benefits and disincentives included in the Internal Revenue
Code disappear: A tax code should exist to procure the funds necessary for
the operation of government, not to manipulate human or business
behavior. Besides, the form of these “social and business incentives,
benefits and disincentives” consist basically of tax credits or
deductions. Credits and deductions are meaningless when there is no
longer an income tax. Among the “incentives” and “benefits” that Adler says will disappear we find references to the following:
Home interest deduction – encouraging home ownership
Contribution deductions - encouraging contributions to charity
Lower tax rate on capital gains - encouraging investment
Lower tax rate on dividends - encouraging investment Come on, my friends. Are you beginning to see for yourselves how absurd these arguments are? Point by point:
• The home mortgage interest deduction is of no value whatsoever to someone who does not pay income taxes.
• People don’t contribute to charity in order to get a tax
deduction. Who would give away $1000 just to save $350 on their taxes?
Somehow that doesn’t seem to be a good trade to me. • If lower tax rates on capital gains encourage investment …
think what NO taxes on capital gains would do. That’s life under the
FairTax. • Ditto for dividends.
Look … I could go on and on picking apart Adler’s FairTax
critique. You can see how easy this is. It’s like hunting over a baited
field. Truth is, Hank Adler certainly isn’t alone in his faulty
interpretation and understanding of the FairTax. I actually took the
time to read some of the comments to his essay posted on Townhall.com
and came up with this incredible beauty: 23% on profits, not costs...
This is often mentioned by Fair Tax proponents (who should know
better), but I don't think it carries any water. They claim
corporations pay 23% (or whatever number) in taxes, and if removed,
they could lower the cost of their goods by 23%. Problem is, that is 23% on their PROFITS, not their COSTS.
Most company's taxable profits rarely exceed 15% (most are under 10%,
some even lose money over the course of a year). Now please excuse my Norwegian .. but what in the wide, wide
world of sports is this character talking about? A 23% tax on profits?
Now we can really be charitable here and suppose that this character is
referring to the average 22 percent embedded taxes in every product and
service we buy … but by what incredible twist of logic can some
(presumably) government-educated person even bring themselves to put
that thought process on paper? Implementation of the FairTax would constitute the biggest
transfer of power from the government to the people in the history of
this Republic. Perhaps that is what frightens Mr. Adler the most.
Source: Townhall.com
The FairTax -- The Truth
By Neal Boortz
Tuesday, November 27, 2007
Actor Larry Hagman points to the line on a tax form where taxpayers can
claim a telephone tax refund from the Internal Revenue Service during a
news conference outside the federal building in Los Angeles Tuesday,
April 10, 2007. Hagman is asking taxpayers to donate the return to
refundsforgood.org, a Website that shows taxpayers how to claim the
refund and to donate the funds to the Solar Electric Light Fund, an
organization that brings solar power to the developing world,
Physicians for Social Responsibility and the PeaceJam Foundation. (AP
Photo/Damian Dovarganes)

Dear Ken Smith,
Thank you for showing everybody that 23 is 29.87% of 77 according to the percentage equation (Part/Whole) x 100 = %.
All the information hence forth will be derived from the quote below.
“If you buy a $100 griddle, the price tag for the griddle will say $100. When you get a receipt for your purchase that receipt will itemized to show that $77 of the total cost will be retained by the retailer and $23 will be sent to the federal government as the FairTax. The total is $100, just as the price tag says. In most government schools across the country they will teach that the $23 going to the government is 23 percent of $100 you paid for the griddle.”
If I may draw your attention to the last sentence where it specifically states “$23 going to the government is 23 percent of $100” you will see that the equation you were looking for is (23/100) x 100 = 23%
I think the misunderstanding arose here “When you get a receipt for your purchase that receipt will itemized to show that $77 of the total cost will be retained by the retailer and $23 will be sent to the federal government as the FairTax.” Where if you’ll read carefully it states that $23 of the full $100 dollars spent are embedded taxes. I believe Mr. Neal Boortz chose these numbers in this example due to their manageability inside the percentage equation.
I don’t even know that much about the FairTax, just what I’ve read here, but I had to comment on your inability to interpret data.
All I have left to say is this; learn how to do word problems in addition to percentages.
Posted by: Phillip "Smith" | January 15, 2009 at 02:49 PM
Whether 23% or 30% is a fair tax rate or not depends, but you must have grown up learning "New Math" instead of real math.
If the total cost to me is $100, and $23 of that cost includes tax, it is a 30% tax rate, not 23%.
100 x 23/77) = 29.87%
Posted by: ken smith | December 14, 2007 at 10:13 AM