Will Congressional Democrats Hike Taxes… By Procrastinating?

It seems most everyone in Congress agrees that the Alternative Minimum Tax must be ‘corrected.’ Because the tax was not indexed for inflation when created in 1969, it will ensnare more than 20 million taxpayers in 2008. Congress never intended it to affect that many, and no one wants to pay the political price of not ‘fixing’ it. But while the AMT is almost certain to be addressed, you have to wonder–once again–why Congress is addressing it so late and so irresponsibly. An AMT fix was expected months ago, but Democrats refused to bring forth a proposal. Now the IRS has warned Congressional tax writers that legislation has to be enacted soon, so that they can do simple things like program computers, and print forms and instruction kits:

With deadlines fast approaching for printing 2007 tax forms, Treasury Secretary Henry M. Paulson Jr. warned yesterday that Congress’s delay in repairing the alternative minimum tax could affect 50 million households, or more than a third of all American taxpayers. Congress has known all year that it must “patch” the AMT to exempt some 21 million middle-income Americans from the levy, which was originally meant to target the wealthy. But in a letter to lawmakers yesterday, Paulson said that if the AMT is unchanged by the end of the year, 25 million households would pay an average additional $2,000 in federal income tax. Furthermore, he wrote, unless the AMT is altered by mid-November, the IRS will not have enough time to reprogram its computers and rewrite its instruction kits. If that happens, he said, “as many as 25 million additional taxpayers could face delays in processing of their returns and payment of their refunds.” The reason, he said, is that the AMT law directs how much and in what order taxpayers can claim a variety of deductions and credits. “Based on historical filing patterns, we estimate that enactment of a patch in mid-to-late December could delay issuance of approximately $75 billion in refunds to taxpayers who are likely to file their returns before March 31, 2008,” Paulson wrote.

But rather than enact a fix, Congressional leaders have written back to Paulson, telling him–effectively–that the check is in the mail:

The latest piece of evidence: A new letter from House and Senate tax writers to the IRS telling the agency that an AMT patch is forthcoming and to plan accordingly. Republicans say that’s only going to happen if Democrats agree not to pay for the patch, because Republicans in the Senate are vigorously opposing any attempt to find offsets and have the power to block any deal. The letter is signed by House Ways and Means Chairman Charlie Rangel (D-N.Y.), Senate Finance Chairman Max Baucus (D-Mont.) and the two panels’ ranking members, Rep. Jim McCrery (R-La.) and Sen. Chuck Grassley (R-Iowa). “We want to assure you that legislative relief is forthcoming so that no new taxpayers will be subject to the AMT for taxable year 2007,” the letter reads, despite having absolutely no agreement among the quartet over how and whether to pay for it. Instead they pledge to do “everything possible” to enact a patch mutually agreeable to the two chambers and President Bush before the end of the year.

So Congress’ position is: we’ve not passed a bill to fix AMT, in fact, we don’t even have a proposal. Further, there’s a major disagreement among us on how to do this. But don’t worry–we can do it in less than two weeks. A major problem here is the House’s ‘pay-go’ rules–which require that all tax cuts be offset with spending cuts or other tax increases. For Democrats, one happy by-product of the rule will be the huge tax increase triggered by an AMT fix. That’s because while Congress never intended the AMT to grow to yield so much income–and never wanted that income–pay-go requires the House to make up for its loss. In this case, pay-go requires the Treasury to be made whole for money it never expected to collect, rather than keep whole the taxpayers who never expected to surrender it. So even though the federal government isn’t ‘losing’ a penny with an AMT fix, Chairman Rangel will ultimately try to push through a tax increase of more than a trillion dollars–to make up for the AMT. That’s a neat way to grow government. There is a bright side to this: since no one wants to raise taxes by a trillion before the 2008 election, Congress won’t repeal the AMT–just pass a one-year patch. And since the Senate won’t stand for a tax increase (Rangel complains that the Senators are ‘laughing at him’), the measure probably won’t be ‘paid for.’ Congress is likely to ignore pay-go. The only losers in the short term are the House Democrats who will be forced to vote for a $70 billion tax increase that will never become law. In the long-term, the losers will be the millions of American taxpayers who will be gouged to pay for a ‘tax cut’ that doesn’t exist.

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