Houston Chronicle

SALT cap shakes up party roles in ironic federal taxation twist

- Taylor is author of “The Financial Rules for New College Graduates.” michael@michaelthe­smart money.com | twitter.com/michael_taylor

The Build Back Better Act pushed by the Biden administra­tion and passed by the House last week contains a provision to raise the deduction cap for state and local taxes, or SALT, from $10,000 to $80,000.

This, for me, is peak irony. First, some explanatio­n of the SALT cap.

Before President Donald Trump’s 2017 Tax Cuts and Jobs Act, which is understood correctly as a tremendous tax cut for the wealthy, taxpayers could itemize the state and local taxes they had paid and deduct them from their federal income.

One of the reform’s only tax hikes was a cap on SALT deductions at $10,000. Before the cap, for example, if a taxpayer had paid $30,000 in property and state income taxes, then their federal income would be considered $30,000 lower for tax purposes. Limiting the SALT deduction to $10,000 would effectivel­y mean the taxpayer owed taxes on $20,000 more — the difference between $30,000 and the cap.

At the time, this was widely perceived as a fiendishly clever way to raise revenue while simultaneo­usly owning the libs. The libs in places like California, New York, New Jersey and Connecticu­t, the thinking went, pay high property taxes, as well as high state and local income taxes. This cap on tax exemptions seemed highly targeted to blue states.

Many people’s taxes — particular­ly affluent libs who pay a lot of property, and state and local income taxes — went up significan­tly starting in 2018.

Now that Democrats run the House, Senate and White House, they get to write tax policy in 2021. And while “Build Back Better,” or BBB, is described as a social spending bill, it is primari

ly a tax policy document.

BBB works toward anti-poverty, equality and climate goals largely through tax policy. Spending on climate is mostly through tax breaks for clean energy. Spending to reduce child poverty is through an expansion of the earned income tax credit and the child tax credit. A drive for equality comes through increasing taxes on upper 1 percent earners. It’s a tax law through and through.

Not surprising­ly, one of the key priorities for Democratic representa­tives from California, New York, New Jersey and Connecticu­t was repealing the SALT cap. It’s not something they shouted from the rooftops. But some of their constituen­ts made it clear this needed to get done. Now that BBB passed the House, Republican representa­tives are shouting it from the rooftops, and they will continue to do so.

This all matters more — as most tax issues do — to the wealthy.

If the SALT deduction is lifted from $10,000 to $80,000 in the final BBB legislatio­n (all of this is pending a Senate vote), bluestate members of Congress will be happy because every donor who matters to their re-election campaigns will be affected. They will have delivered for their people.

But we can see a few ironies piling up around the SALT cap hike.

The bottom line: Repealing the SALT cap would be a very big benefit to the wealthy. And it will cost $85 billion a year in tax revenue. The top 1 percent of taxpayers will get about half this benefit, while the next 10 percent will enjoy 35 percent of the benefit.

This is all extremely off-brand for the Democratic Party in 2021. It makes an easy attack line for Republican­s. Texas Rep. Kevin Brady, the ranking Republican on the House Ways and Means Committee and therefore GOP point person for tax policy, immediatel­y began hammering BBB for the SALT cap benefits to the wealthy.

Now let’s go deeper into the ironies.

Unmentione­d in the critiques of the SALT cap boost is how this will affect Texans.

Texas is a high property-taxrate state because of the absence of a state income tax. In Bexar County, residents pay 2.7 percent of market value for their home every year. That means anyone who owns a home worth more than $370,000 has filled their SALT exemption on property taxes alone. With the median home price now above $300,000 in my not-particular­ly wealthy county, the SALT cap hits a lot of people — just as it hits a lot of higher earners across the state.

All of this is to say that every Texas donor of means to Brady is also massively affected by the SALT cap. They are, in that sense, hoisted with their own petard. You just won’t hear Brady talking about it.

The SALT cap jockeying lays bare an uncomforta­ble fact of democracy. Namely, there’s a wide gulf between the “voter class” and the “donor class.” Lower-income people, even in blue states, are not much affected by SALT caps. Higher-income people and people who own valuable property, even in red states, are very affected by SALT.

For my part, my valuable house and my hefty 2.7 percent property tax rate mean I’m very affected. Even though the SALT cap hike is, in that sense, “fair” to me, I still think House Democrats should not give me this tax break in the BBB.

Even if you revel in the “owning the libs” aspect of the SALT cap, there are still more nuances you should consider — namely, federalism.

In the abstract, Republican­s profess to believe more strongly in devolving power to states, as opposed to Democrats, who often seek to strengthen the central government at the expense of “states’ rights.”

State and local taxation, however, is a key way in which residents of a state exercise choice, engaging in the “50 laboratori­es of democracy” aspect of our federal system. When residents of a state democratic­ally choose higher taxes in order to, for example, improve health care access, that’s a valid choice.

In the broadest sense, the SALT deduction shifts spending and taxation power down to the state level. This again puts Democrats and Republican­s in this SALT fight on the opposite side of where they usually land.

It’s just another ironic twist in the upside-down roles of SALT caps.

What happens next?

A couple of senators — Bernie Sanders, I-Vt., and Robert Menendez, D-N.J. — do not like the wealthy skew of the House SALT cap increase and have plans to limit the benefits to those making less than $400,000 per year.

 ?? MICHAEL TAYLOR ??
MICHAEL TAYLOR
 ?? Michael M. Santiago / Getty Images ?? President Joe Biden promotes his agenda last month, including the Build Back Better Act, which is primarily a tax policy document.
Michael M. Santiago / Getty Images President Joe Biden promotes his agenda last month, including the Build Back Better Act, which is primarily a tax policy document.
 ?? Tom Brenner / New York Times ?? House Democrats surround Speaker Nancy Pelosi after the passage of the legislatio­n, which faces uncertaint­y in the Senate.
Tom Brenner / New York Times House Democrats surround Speaker Nancy Pelosi after the passage of the legislatio­n, which faces uncertaint­y in the Senate.

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