WikiLeaks Document Release
               http://wikileaks.org/wiki/CRS-RS21420
                                              February 2, 2009



                       Congressional Research Service
                                       Report RS21420
  President Bushs 2003 Tax Cut Proposal: A Brief Overview
                         David L. Brumbaugh, Government and Finance Division

                                           Updated May 12, 2003

Abstract. On January 7, 2003, President Bush announced the elements of a new tax cut plan intended to
provide a fiscal stimulus to the economy by encouraging consumer spending and promoting investment. As
initially announced, the stimulus package contained an estimated $670 billion in tax cuts over 10 years, and
included acceleration to 2003 of tax cuts scheduled to be gradually phased in under the tax cut enacted in 2001;
elimination of individual income taxes on corporate-source dividends and capital gains; and an increase in the
expensing tax benefit for business investment. On February 3, 2003, the Administration released FY2003 budget
documents providing a more comprehensive outline of the Presidents tax proposals. The budget proposes tax
cuts totaling an estimated $1.46 trillion over 10 years. This amount includes the already-proposed stimulus
package, a set of additional tax cut proposals characterized as tax incentives, and a proposal to make the
expiring provisions of the 2001 tax cut permanent.
                                                                                                                        Order Code RS21420
                                                                                                                       Updated May 12, 2003



                                            CRS Report for Congress
                                                            Received through the CRS Web


                                               President Bush's 2003 Tax Cut Proposal:
                                                          A Brief Overview
                                                                       David L. Brumbaugh
                                                                    Specialist in Public Finance
                                                                  Government and Finance Division


                                        Summary
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                                                  On January 7, 2003, President Bush announced the elements of a new tax cut plan
                                            intended to provide a fiscal stimulus to the economy by encouraging consumer spending
                                            and promoting investment. As initially announced, the stimulus package contained an
                                            estimated $670 billion in tax cuts over 10 years, and included acceleration to 2003 of
                                            tax cuts scheduled to be gradually phased in under the tax cut enacted in 2001;
                                            elimination of individual income taxes on corporate-source dividends and capital gains;
                                            and an increase in the "expensing" tax benefit for business investment. On February 3,
                                            the Administration released fiscal year (FY) 2004 budget documents providing a more
                                            comprehensive outline of the President's tax proposals. The budget proposes tax cuts
                                            totaling an estimated $1.46 trillion over 10 years. This amount includes the already-
                                            proposed stimulus package, a set of additional tax cut proposals characterized as "tax
                                            incentives," and a proposal to make the expiring provisions of the 2001 tax cut
                                            permanent.1 Congress began consideration of tax cut legislation similar to the
                                            President's proposal in April and May 2003. For information on congressional tax-cut
                                            legislation, see CRS Report RL31907, Tax Cut Bills in 2003: A Comparison, by David
                                            L. Brumbaugh and Don C. Richards. This report will be updated as events warrant.


                                        The Proposal's Size
                                             The Administration estimates that the tax-cut proposals in its budget will reduce
                                        federal revenue by $1.46 trillion over 10 years and by $493.4 billion over its first five
                                        years. Based on Congressional Budget Office (CBO) estimates for total revenue and
                                        gross domestic product (GDP) otherwise expected over the period, the 10-year revenue
                                        loss amounts to 5.2% of federal revenue and 1.0% of GDP.


                                        1
                                         A detailed description of the proposals has been published by the Treasury Department in its
                                        General Explanations of the Administration's Fiscal Year 2004 Revenue Proposals (Washington:
                                        Feb. 2003). See [http://www.treas.gov/offices/tax-policy/library/bluebk03.pdf].


                                                   Congressional Research Service ~ The Library of Congress
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                                             The revenue impact of the proposal, however, is better seen by separating the
                                        proposal into its likely long-run, permanent effects, and its more near-term transitory
                                        effects. In the near-term, much of the proposal's revenue cost consists of acceleration of
                                        the cuts that were previously enacted under the Economic Growth Tax Relief and
                                        Reconciliation Act (EGTRRA; P.L. 107-16) but that were scheduled to be phased in over
                                        a number of years. According to the Administration's estimates for the plan's first 5
                                        years, the combined elements of the proposal would reduce revenue by 4.2% of otherwise
                                        expected revenues and 0.8% of GDP. Between one-third and one-half of this (41%)
                                        consists of revenue reductions from acceleration of EGTRRA's tax cuts.

                                              The long-run picture is different. First, to comply with procedural rules in the
                                        Senate, EGTRRA contained a provision repealing all of its tax cuts at the end of calendar
                                        year 2010. Accordingly, the President's proposal to make those cuts permanent will not
                                        register its full revenue effect until after the expiration is scheduled to take place in fiscal
                                        year 2012 and beyond. Second, the provisions of the current proposal that would
                                        accelerate EGTRRA's tax cuts do not impose additional costs in the long run; the cost of
                                        the acceleration is confined to the first six to eight years of the plan. For these reasons,
                                        the long-run, permanent revenue effect of the President's proposal is best seen by looking
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                                        at the revenue estimates for the plan's "out years." According to the Administration's
                                        estimates, the revenue loss in FY2013 would be $299.1 billion, or � again using CBO
                                        projections to scale the estimated loss � 8.1% of otherwise expected revenues and 1.7%
                                        of GDP. In FY2013, $203.5 billion of the revenue loss would be from extension of
                                        EGTRRA's tax cut. In terms of its long-run general revenue effect, the proposal can thus
                                        be summarized as reducing tax revenue by 5.5% so as to make EGTRRA's tax cuts
                                        permanent, plus providing roughly half again as much in new tax cuts.

                                        Components of the Plan
                                              Table 1 presents the Administration's estimates of the revenue cost of the plan's
                                        major components for its first 5 years, its first 10 years, and � in keeping with the
                                        considerations outlined above � for FY2013. The table listings can be separated into three
                                        groups: the "economic growth" or stimulus package; extension of EGTRRA's tax cuts;
                                        the plan's tax incentives and other tax cuts. On the basis of the numbers in the table, the
                                        stimulus package would account for most (about two-thirds) of the plan's revenue cost
                                        in the proposal's early years but falls to less than one-quarter by 2013. The cancelling of
                                        EGTRRA's expiration, on the other hand, accounts for a very small part of the plan's cost
                                        in its first 5 years, but rises to over two-thirds by 2013. Among the other provisions, the
                                        largest are generally extension of a set of expiring tax benefits that are not a part of
                                        EGTRRA (the so-called "extenders"), tax benefits for health care, and tax benefits related
                                        to charitable giving. The provisions are described in more detail in the following sections.
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                                                           Table 1. Estimated Reductions in Tax Revenue
                                                                   Under the President's Proposal
                                                                                   (dollars in billions)
                                                                                5-Year                   10-Year            Long-Run
                                                                               Reduction                Reduction          Single Year
                                                                             (FY2004-2008)            (FY2004-2013)         (FY2013)
                                                                                          % of                   % of               % of
                                                                               $                           $                $
                                                                                          Total                  Total              Total
                                            Total, All Provisions           $493.4       100%       $1,460.6     100%    $299.1     100%
                                            Economic Growth Package         390.4          79.1       664.9       45.5     57.6     19.3
                                               Acceleration of EGTRRA
                                                                            203.5          41.2       239.1       16.4      3.3      1.1
                                               Tax Cuts
                                               Dividend Exemption           152.7          30.9       385.4       26.4     53.0     17.7
                                               Expensing for Business
                                                                              8.4           1.7        14.6        1.0      1.3      0.4
                                               Investment
                                               Minimum Tax Reductions        25.8           5.2        25.8        1.8      0.0      0.0
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                                            Tax Incentives
                                               Charitable Giving              9.0           1.8        19.5        1.3      2.3      0.8
                                               Education                      4.3           0.9            6.2     0.4      0.3      0.0
                                               Health Care                   47.8           9.7       135.4        9.3     19.5      6.5
                                               Telecommuting                  0.2           0.0            0.6     0.0      0.1      0.0
                                               Housing                        3.5           0.7        17.5        1.2      3.2      1.1
                                               Environment                    1.4           0.3            2.8     0.2      0.3      0.1
                                               Energy                         5.2           1.1            8.0     0.5      0.6      0.2
                                            Trade, Tax Administration and
                                                                              4.4           0.9            3.3     0.2     (1.6)a    (0.5)a
                                            Unemployment Insurance
                                            Tax Simplification and Other
                                                                            (13.2)a        (2.7)a          1.6     0.1      3.4      1.1
                                            Proposals
                                            Make EGTRRA Cuts
                                                                              5.8           1.2       523.0       35.8    203.5     68.0
                                            Permanent
                                            Extend Other Expiring
                                                                             34.5           7.0        77.8        5.3     10.0      3.3
                                            Provisions
                                        Source: General Explanations of the Administration's Fiscal Year 2004 Revenue Proposals (Washington:
                                        Feb. 2003), p. 151.
                                        a
                                         Estimated net revenue gain.



                                        Economic Growth (Stimulus) Package
                                             The President's budget calls for Congress "to pass an economic growth package
                                        quickly that will reinvigorate the economic recovery and provide new jobs, reduce tax
                                        burdens, and strengthen investor confidence."2 EGTRRA's tax cut in June 2001was also
                                        enacted, in part, to provide economic stimulus. Data now show that a recession was in


                                        2
                                         U.S. Office of Management and Budget, Budget of the United States Government, Fiscal Year
                                        2004. Analytical Perspectives (Washington: GPO, 2004), p. 66.
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                                        progress at the time, with the economy contracting during the first three quarters of 2001.
                                        Since then, the economy has registered positive rates of growth, and the Administration
                                        has acknowledged that the economy "continues to recover and long-run fundamentals are
                                        solid, with low inflation and strong productivity growth."3 Nonetheless, the
                                        Administration has stated that the recovery is slow, with businesses expanding production
                                        slowly and "too few jobs being created." Outside the Administration, economists also
                                        viewed the pace of the recovery in 2002 as disappointing, but generally expect economic
                                        growth to gather momentum over the course of 2003, despite lingering uncertainties.4 (As
                                        described below in the report's last section, however, not all analysts have concluded a
                                        tax cut is the appropriate economic remedy.)

                                               The stimulus portion of the President's proposal consists of the following elements:

                                               !   Acceleration to 2003 tax cuts phased in gradually under EGTRRA. The
                                                   specific reductions are cuts in individual income tax rates (scheduled to
                                                   be fully effective under EGTRRA in 2006); tax cuts for married couples
                                                   (scheduled to be phased in over 2005-2010); and an increase in the child
                                                   tax credit (also currently scheduled for 2005-2010).
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                                               !   "Tax integration," or elimination of individual income tax on corporate-
                                                   source equity income (dividends and capital gains.) Under current law,
                                                   corporate equity income is taxed twice: once under the corporate income
                                                   tax and once when received by stockholders as dividends or capital gains.
                                                   According to economic theory, the double taxation reduces economic
                                                   efficiency by diverting capital from the corporate sector to other sectors
                                                   of the economy (e.g., housing). The Administration would exclude
                                                   dividends from individuals' taxable income, and would (in effect)
                                                   eliminate tax on capital gains by permitting stockholders to increase their
                                                   "basis" deduction when they calculate their capital gains tax.

                                               !   Increase in the "expensing" allowance for business investment. Under
                                                   current law, firms are permitted to deduct in the year of purchase
                                                   ("expense") up to $25,000 of equipment acquisitions. The allowance is
                                                   reduced for amounts by which investment exceeds $200,000, thus
                                                   restricting its use to relatively small businesses. Expensing confers a tax
                                                   benefit by speeding up tax deductions that firms would ordinarily have
                                                   to spread over the life of the equipment as depreciation. The
                                                   Administration proposes to increase the annual allowance to $75,000 and
                                                   the beginning of the phase-out threshold to $325,000.

                                               !   A $4,000 increase in the individual alternative minimum tax (AMT)
                                                   exemption for individuals. The increase would expire after 2005.




                                        3
                                         U.S. Department of the Treasury, General Explanations of the Administration's Fiscal Year
                                        2004 Revenue Proposals, p. 3.
                                        4
                                            Blue Chip Economic Indicators, Jan. 10, 2003, p. 1.
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                                        Making EGTRRA's Tax Cuts Permanent
                                             A Senate procedural rule � the "Byrd rule" � provides that a point of order can be
                                        raised against any provision of a budget reconciliation bill that is "extraneous" to the
                                        budget reconciliation legislation. Included among the several types of provisions the Byrd
                                        rule defines as extraneous are those that would increase the budget deficit (or reduce the
                                        budget surplus) for a fiscal year beyond that covered by the reconciliation measure being
                                        considered. To avoid application of the Byrd rule, EGTRRA contained language
                                        providing for the expiration of its provisions at the end of calendar year 2010. Over the
                                        course of 2002, the House passed several bills that would have made some or all of
                                        EGTRRA's cuts permanent, but the Senate did not act on them. The President's proposal
                                        would rescind the expiration of all of EGTRRA's tax cuts.

                                        Other Provisions
                                            The remaining elements of the President's proposal fall into the following categories:
                                        "tax incentives;" trade, tax administration and unemployment insurance; tax
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                                        simplification and other proposals; and extension of expiring provisions not included in
                                        EGTRRA. The principal tax incentives are as follows:

                                             !   Tax benefits for charitable giving. In terms of revenue cost, the largest
                                                 of these would be a deduction allowable to non-itemizers (an "above-the-
                                                 line" deduction) for charitable donations and tax-free withdrawal for
                                                 charitable donations from IRAs;

                                             !   Tax cuts for education, including a refundable tax credit for the costs of
                                                 switching attendance from a failing public school, and an above-the-line
                                                 deduction for certain out-of-pocket expenses of teachers;

                                             !   Tax benefits related to health care, including a refundable tax credit for
                                                 the costs of purchasing health insurance, and an above-the-line deduction
                                                 for the cost of long-term care insurance;

                                             !   Exclusion from income for the cost of an employer-provided home
                                                 computer (intended to promote telecommuting);

                                             !   Tax credit for developers of low income housing;

                                             !   Tax benefits related to the environment, including permanent extension
                                                 of the benefit for environmental remediation expenses;

                                             !   Tax benefits for energy production and conservation. Prominent among
                                                 these are a tax credit for production of gas from landfills; a tax credit for
                                                 the purchase of hybrid and fuel cell vehicles; and a tax credit for
                                                 residential solar energy systems.

                                             Among the remaining proposals, the most prominent "simplification" measure is a
                                        structuring of the tax code's individual retirement account (IRA) tax-favored savings
                                        benefit. Under the plan, IRAs would be replaced with two sorts of tax-favored accounts:
                                                                                     CRS-6

                                        lifetime savings accounts, which could be used for any type of saving; and retirement
                                        savings accounts, which would be restricted to retirement saving. Contribution limits
                                        would be $7,500 per year for each type of account.

                                              The administrative portions of the proposal would increase rather than reduce
                                        revenues, and include changes to the 1998 IRS restructuring legislation, tighter
                                        restrictions on the deductibility of interest payments to related firms ("earnings
                                        stripping"), and an increase in restrictions on tax shelters. The proposal would also
                                        extend or make permanent a number of tax benefits (not included in EGTRRA) that are
                                        scheduled to expire at various times. Prominent among the extended provisions are the
                                        research and experimentation tax credit (which the plan would make permanent), the
                                        work opportunity tax credit and welfare-to-work tax credit (which the plan would also
                                        modify) and certain AMT relief for individuals.

                                        Other Proposals
                                             The President's tax proposals have been criticized by some congressional Democrats
                                        and others on three general grounds: that the plan will disproportionately favor upper-
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                                        income individuals; that it is overly costly in terms of lost tax revenues and will expand
                                        the federal budget deficit; and that its economic stimulus elements will be ineffective in
                                        boosting economic growth.5

                                              On January 6, House Democratic leaders proposed a smaller stimulus package
                                        amounting to an estimated $87 billion in 2003 and $59 billion over 10 years.6 The plan's
                                        principal tax provisions are a refundable tax rebate in 2003 of $300 per person; an
                                        increase in the depreciation "bonus" for businesses previously enacted in March, 2002,
                                        and an increase to $50,000 of the expensing benefit for business investment. On January
                                        24, Senate Minority Leader Thomas Daschle outlined a one-year economic stimulus
                                        proposal containing tax-cut and spending elements that would total an estimated $141
                                        billion over the year it is in effect.7 For the year the plan is in effect, the tax elements of
                                        the plan include a $300 per-person tax credit; an increase in the depreciation bonus; an
                                        increase to $75,000 in the expensing allowance for business investment; a tax credit for
                                        health insurance outlays of small businesses; and a 20% credit for business investment in
                                        broadband Internet infrastructure.




                                        5
                                         See, for example, the views reported in Katherine M. Stimmel and Nancy Ognanovich, "Senate
                                        Democratic Moderates' Opposition Puts Fate of White House Plan in Flux," BNA Daily Tax
                                        Report, Jan. 9, 2003, p. GG-1.
                                        6
                                         The proposal is described on the Democrats' side of the House Budget Committee's Web site:
                                        [http://www.house.gov/budget_democrats/analyses/house_dem_stimulus.htm]. The estimated
                                        revenue loss over 10 years is smaller than the projected loss in 2003, and is likely the result of
                                        the plan's depreciation component, which shifts deductions to 2003 from future years.
                                        7
                                         The proposal is described on Senator Daschle's web site at [http://daschle.senate.gov/pdf/
                                        democraticplan.pdf].