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The Daily Signal
IRS Admits Tax
Code Is Too Complex to Enforce
Brian Drockton & Romina Boccia
April 29, 2016
In an ideal world the federal government would collect all of the taxes
that it was owed—and then spend only what it intended to.
Unfortunately, things aren’t that simple.
The tax gap and improper payments serve as reminders that the federal
government is not very good at administering complex programs.
Instead, every year we have a “tax gap,” which is the difference
between what the government believes it is owed, and what it actually
takes in, and “improper payments,” which refers to the government
sending money to those it doesn’t mean to (paying benefits to deceased
persons, for example).
The tax gap and improper payments serve as reminders that the federal
government is not very good at administering complex programs.
There are two types of taxpayers that contribute to the tax gap. There
are willful tax evaders, who knowingly underreport their income or
overstate their deductions, and there are taxpayers that make errors on
their tax forms accidently. As the tax code has become increasingly
complex, both voluntary compliance and enforcement have become ever
more difficult. Even the IRS admits that “the complexity of the tax
code makes the tax law too difficult for taxpayers to understand and
for the IRS to administer.”
One way to simplify the tax gap would be to move toward a flat
consumption tax. As explained by Curtis Dubay, a research fellow in tax
and economic policy at The Heritage Foundation, by incentivizing saving
and investment, a flat consumption tax would increase economic growth
by up to 15 percent in 10 years. Such a tax could be realized without
affecting the overall distribution of the tax system, a common
criticism of flat consumption taxes.
A flat consumption tax would also reduce the tax gap and ensure that
people pay the correct amount of taxes. The simplicity of a flat tax
would help taxpayers understand and voluntarily comply with the tax
code and limit opportunities for tax evasion. A flat consumption tax
would stimulate the economy and reduce the tax gap, all without
affecting the overall distribution of the tax code.
2015 Deficit
Although the tax gap ($385 billion) and improper payments ($137
billion) add up to more than the deficit for the 2015 fiscal year ($468
billion), they can never be completely eliminated. There is therefore
no easy fix to balance the budget in the short-term. The size of the
U.S. economy and government make it impossible to eliminate all
instances of waste, fraud, and abuse, and to collect every penny that
is owed to the government.
Payment error is also a natural outcome of complex program design. A
program that targets benefits toward those with few other means will
exhibit more payment error than a universal benefit program, for
example. In those instances, payment error is a direct outcome of
program complexity. Government can save money by providing benefits to
a narrower group of the population, despite some payment error, versus
paying benefits to everyone with close to zero payment error.
Unfortunately, many politicians focus on these issues instead of the
real drivers of our national deficit: growing spending on health care
and retirement programs. However, by simplifying the tax code and
making commonsense reforms to federal spending programs like Medicare
and Medicaid, both the tax gap and the number of improper payments
could be reduced.
Reducing Improper Payments
According to the Government Accountability Office (GAO), improper
payments are a “significant and pervasive government wide issue” and
over $1 trillion has been incorrectly distributed since 2003.
Seventy-six percent of these mistakes are made by three major programs:
Medicare, Medicaid, and the Earned Income Tax Credit (EITC). Fraud in
these programs has proven difficult to eliminate.
In the 2015 fiscal year, the Health Care Fraud and Abuse Control
Program spent nearly $1 billion to combat improper payments in the
Medicare and Medicaid programs. While this program recovered almost $4
billion that had been improperly dispensed, there was still $90 billion
spent incorrectly in 2015 that was never recovered.
The sheer size of these programs makes eliminating fraud difficult and
with the rapid expansion of people eligible for Medicare and Medicaid,
combating these abuses will become increasingly difficult. These
programs require structural changes that will make fraud more difficult.
One possible solution is to shift both Medicare and Medicaid to premium
support payment systems. Fraud is less pervasive under a premium
support model because money wasted directly hurts the health insurer’s
bottom line. This creates a strong economic incentive for health
insurers to identify and eliminate fraud and abuse. If Medicare and
Medicaid were transformed into premium support programs, it would put
them on a more sustainable fiscal path, increase the quality of care
that beneficiaries can access, and reduce fraud and abuse within these
programs.
The Earned Income Tax Credit also has a significant amount of improper
payments every year. The IRS estimates that between 28 percent to 39
percent of all the Earned Income Tax Credit payments were issued
improperly in 2013, costing the taxpayer up to $24 billion. The most
common methods used to claim a higher EITC refund are: misreporting of
income, non-parents claiming children who are not residing with them,
and married couples filing as singles (EITC has a marriage penalty).
There are several simple reforms that would drastically reduce improper
Earned Income Tax Credit payments. Eligibility for the Earned Income
Tax Credit should be limited to custodial parents and legal guardians.
The IRS should also require income verification before any payments are
made. Finally, the marriage penalty should be incrementally reduced.
No Easy Fix
While there is no one solution that will eliminate the tax gap and
improper payments, there are a variety of potential reforms that would
reduce the amount of fraud and abuse of federal programs. Medicare,
Medicaid, and the tax code are the biggest problems and urgently need
reform. However, many other government programs also have serious
problems. To address these issues, Heritage’s Blueprint for Balance
details many more specific reforms to limit government waste and limit
the federal government to its proper scope.
Curtis Dubay and Rachel Sheffield contributed to this piece.
Read this and other articles at The Daily Signal
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