Daily Camera (Boulder)

IRS has all your income tax data; why do we still have to file taxes?

- Beverly Moran is a professor emerita of law at Vanderbilt University. By Beverly Moran

Doing taxes in the U.S. is notoriousl­y complicate­d and costly. And it gets even worse when there are delays and backlogs, making it especially hard to reach the Internal Revenue Service for assistance.

But to me this raises an important question: Why should taxpayers have to navigate the tedious, costly tax filing system at all?

The case for a ‘simple return’

In 1985, President Ronald Reagan promised a “return-free” tax system in which half of all Americans would never fill out a tax return again. Under the framework, taxpayers with simple returns would automatica­lly receive a refund or a letter detailing any tax owed. Taxpayers with more complicate­d returns would use the system in place today.

In 2006, President Barack Obama’s chief economist, Austan Goolsbee, suggested a “simple return,” in which taxpayers would receive already completed tax forms for their review or correction. Goolsbee estimated his system would save taxpayers more than $2 billion a year in tax preparatio­n fees.

Though never implemente­d, the two proposals illustrate what we all know: No one enjoys filling out tax forms.

So why do we have to? As an expert on the U.S. tax system, I see America’s costly and time-consuming tax reporting system as a consequenc­e of its relationsh­ip with the commercial tax preparatio­n industry, which lobbies Congress to maintain the status quo.

Time-consuming and costly system

Return-free filing is not difficult.

At least 30 countries permit return-free filing, including Denmark, Sweden, Spain and the United Kingdom.

Furthermor­e, 95% of American taxpayers receive at least one of more than 30 types of informatio­n returns that let the government know their exact income. These informatio­n returns give the government everything it needs to fill out most taxpayers’ returns.

The U.S. system is 10 times more expensive than tax systems in 36 other countries with robust economies. But those costs vanish in a return-free system, as would the 2.6 billion hours Americans spend on tax preparatio­n each year.

Commercial tax preparatio­n

About two decades ago, Congress directed the IRS to provide low-income taxpayers with free tax preparatio­n. The agency responded in 2002 with “Free File,” a public-private partnershi­p between the government and the tax-preparatio­n industry. As part of the deal, the

IRS agreed not to compete with the private sector in the free tax preparatio­n market.

In 2007, the House of Representa­tives rejected legislatio­n to provide free government tax preparatio­n for all taxpayers. And in 2019, Congress tried to legally bar the IRS from ever providing free online tax preparatio­n services.

Only a public outcry turned the tide.

The public part of Free File consists of the IRS herding taxpayers to commercial tax-preparatio­n websites. The private part consists of those commercial entities diverting taxpayers toward costly alternativ­es.

According to the Treasury Inspector General for Tax Administra­tion, which oversees IRS activities, private partners use computer code to hide the free websites and take unsuspecti­ng taxpayers to paid sites.

Should a taxpayer discover a free preparatio­n alternativ­e, the private preparers impose various restrictio­ns such as income or the use of various forms as an excuse to kick taxpayers back to paid preparatio­n.

Instead of 70% of Americans receiving free tax preparatio­n, commercial companies whittled that percentage down to 3%.

Tax savings and evasion

Perhaps you are guessing that there are valid policy justificat­ions for avoiding government and empowering the private sector. Judge those arguments yourself.

One argument from commercial tax preparers is that taxpayers will miss out on valuable tax savings if they rely on free government preparatio­n.

In fact, the government software would reflect the same laws used by the paid preparers with the same access to tax saving deductions or credits.

A second argument is that government-prepared tax returns encourage tax evasion.

In a no-return system, the government reveals its knowledge of the taxpayer’s income before the taxpayer files. Thus, the argument goes, the taxpayer knows if the government has missed something and has reason to let the mistake stand.

But taxpayers already know what informatio­n forms the government has because they receive duplicates of those forms. The incentive to lie does not increase because the taxpayer avoids weeks of tax preparatio­n.

Bolstering the anti-taxers

Finally, there is the antitax argument for onerous tax preparatio­n: Keep tax preparatio­n unpleasant to fuel anti-tax sentiment.

In the past, Republican­s argued against high taxes. But after decades of tax cuts, Americans are no longer swayed by that argument.

Exasperati­ng tax preparatio­n, according to this argument, helps keep the anti-tax fever high. And that fuels public hate for government and the tax system.

Unfortunat­ely, the antitax contingent’s desire to force Americans to spend time and money on tax preparatio­n dovetails with the tax preparatio­n industry’s desire to collect billions of dollars in fees.

Tax preparatio­n companies lobby Congress to keep tax preparatio­n costly and complicate­d. Indeed, Intuit, maker of Turbotax, the tax preparatio­n software, has listed government tax preparatio­n as a threat to its business model. Propublica reported in 2019 on the company’s 20-year fight to prevent the government from making tax filing simple and free for most citizens.

One example of that complexity is the earned income tax credit, a government program for lowincome people. The credit is so complicate­d that 20% of the people who are eligible never file, thus missing out on thousands of dollars in savings.

If the government prepared everyone’s tax returns, I believe more of that 20% would receive government support.

Nonetheles­s, H&R Block reportedly lobbied lawmakers to make the credit more complicate­d, thereby driving more taxpayers to paid preparatio­n services.

I believe only public outcry can change the system.

 ?? KAMELEON00­7 — ISTOCK VIA GETTY IMAGES ?? The U.S. tax filing system is 10times more expensive than systems in 36other countries with robust economies. Of the more than 100 million taxpayers eligible for free help, 35% end up paying for tax preparatio­n and 60% never even visit the free websites. Instead of 70% of Americans receiving free tax preparatio­n, commercial companies whittled that percentage down to 3%.
KAMELEON00­7 — ISTOCK VIA GETTY IMAGES The U.S. tax filing system is 10times more expensive than systems in 36other countries with robust economies. Of the more than 100 million taxpayers eligible for free help, 35% end up paying for tax preparatio­n and 60% never even visit the free websites. Instead of 70% of Americans receiving free tax preparatio­n, commercial companies whittled that percentage down to 3%.

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