Forbes: The Truth Behind The FCC’s “Fact Sheet”

Earlier this week, the FCC gave us a sneak preview of what’s in store for its upcoming order on net neutrality. The ironically named “Fact Sheet” is anything but—it is filled with half-truths and internal contradictions.

At the urging of protestors and “public-interest” groups, the FCC has arrived at a fairly radical prescription—regulating Internet service providers (“ISPs”) as public utilities—and is now looking for ways to justify its approach. The problem with this politically driven result is that it exposes the FCC’s pending order to significant litigation risks, and it undermines the agency’s long-standing credibility as a dispassionate expert agency in the eyes of Congress.

The biggest whopper of the “Fact Sheet” is the claim that the FCC will forbear from rate regulation: “the Order makes clear that broadband providers shall not be subject to tariffs or other form of rate approval, unbundling, or other forms of utility regulation.” (emphasis in original). Really? By choosing to ban paid priority while permitting unpaid priority for “reasonable network management,” the FCC has effectively imposed rate regulation: a zero access price for priority arrangements within an ISP’s network.

In a further nod to rate regulation, the FCC previews that the order “will apply” sections 201 and 202 of the Title II, which will permit edge providers such as Netflix to complain that an ISP’s access rates for interconnection are “unjust and unreasonable.” The result of any such complaint process, assuming the edge provider prevails, would be a regulated access rate. And yet the FCC would have the public believe that its so-called “light-touch” Title II approach—an oxymoron if there ever was one—is free from rate regulation.

The entire purpose of embracing Title II was to permit edge providers to achieve near-zero access fees for interconnection. Under the now jettisoned “commercially reasonable” approach from section 706, which the FCC’s May 2014 notice of proposed rulemaking seemed inclined to adopt, Netflix would have little assurance of getting its access fees down to zero. Any such concerns have now been allayed. This is the very essence of rate regulation.

The “Fact Sheet” is also dishonest when it comes to the likely taxes that broadband customers will face as a result of reclassifying Internet service as a telecom service. It claims that the “Order will not impose, suggest or authorize any new taxes or fees – there will be no automatic Universal Service fees applied and the congressional moratorium on Internet taxation applies to broadband.” (emphasis in original)

The mere inclusion of broadband revenues in the rate base for federal universal service—also promised by the “Fact Sheet” as a way to “bolster universal service fund support”—will generate about $500 million in new federal fees for residential consumers. This stealth tax arises because voice revenues, which form the current rate base for universal service, are disproportionately paid by businesses. Even without an increase in program demand, the formulas used to generate federal universal service fees will automatically shift the burden at the margin away from businesses and onto consumers.

Moreover, states and localities don’t need the FCC to “suggest or authorize” any new taxes to include broadband revenues in their own rate base. Existing state and local fees that apply to the “obligations of a telecommunications carrier” could easily be extended to Internet service after reclassification.

Indeed, Vermont’s telecom director admitted this week that he is already counting on the new source of funding: “One of the things that would come along with [reclassification] is the ability to assess a universal service fee on broadband services. If that happens, the money might be there to fund these higher speeds.” To the extent that states and localities tax Internet service to the same degree as they currently tax telecom service, broadband consumers would be hit with billions in new fees.

The FCC’s promise to forbear from the scariest parts of Title II is mere window dressing. The current chairman cannot make commitments on behalf of future commissioners. So if a new chair decided to make a run at mandatory unbundling, for example, the door has now been left wide open. Given Mr. Wheeler’s sharp ideological reversal relative to his statement that accompanied the FCC’s Notice in May 2014—when he vowed to bifurcate interconnection from net neutrality—there is little reason to believe that Mr. Wheeler himself won’t change his mind on forbearance in a few months.

The “Fact Sheet” lays out a blueprint for heavy-handed regulation that is certain to meet fierce litigation, and likely to meet a swift reversal by the courts on both substantive and procedural grounds. Banning paid priority, even under Title II, is highly unorthodox. While the D.C. Circuit suggested that case-by-case treatment of paid priority under Title II with the same “guilty-until-proven-innocent” presumption from the 2010 Order might be kosher, a blanket prohibition is a different animal.

And reclassifying carriers without a finding of market power seems very sketchy. Does the FCC really think that Sprint can raise wireless prices above competitive levels or exclude rivals?

Setting aside the substance, the FCC’s rush to beat Congress to a legislative solution to net neutrality has caused the agency to take short cuts, which will also be frowned upon by the courts. Neither forbearance nor interconnection has been properly briefed. Accordingly, ISPs and tech startups are complaining about potential violations of the Administrative Procedure Act.

The FCC should level with Americans on the merits and demerits of Title II. It is a highly risky maneuver that necessarily entails rate regulation and a dose of new taxes. The “Fact Sheet” sugarcoats the truth.

This piece is cross-posted from Forbes.

WSJ: Obama’s New Web Tax

The Wall Street Journal editorialized PPI’s recent policy brief by Hal Singer and Bob Litan, Outdated Regulations Will Make Consumers Pay More for Broadband.

Now the Progressive Policy Institute reports that state and local regulators would join with the feds in gouging Internet consumers. That’s because states and localities have their own levies that would kick in if the Internet is officially deemed a monopoly telephone network. Authors Robert Litan of the Brookings Institution and PPI’s Hal Singer optimistically expect regulators to reduce the federal levy from the current 16.1%. But the analysts still forecast significant pain for Internet users.

“We have calculated that the average annual increase in state and local fees levied on U.S. wireline and wireless broadband subscribers will be $67 and $72, respectively. And the annual increase in federal fees per household will be roughly $17. When you add it all up, reclassification could add a whopping $17 billion in new user fees,” report Messrs. Litan and Singer.

That’s in addition to “the planned $1.5 billion extra to fund the E-Rate program,” which subsidizes schools and libraries. The authors add that the “higher fees would come on top of the adverse impact on consumers of less investment and slower innovation that would result from reclassification.”

Read the entire piece at The Wall Street Journal.

The Daily Caller: Who Pays For Net Neutrality?

A new report by PPI Senior Fellow Hal Singer and Brookings Nonresident Senior Fellow Robert Litan, Outdated Regulations Will Make Consumers Pay More for Broadband, was covered in a story by The Daily Caller:

“Outdated Regulations will Make Consumers Pay More for Broadband” — a recent study by Robert Litan and Hal Singer of the Progressive Policy Institute entitled — quantifies the extra taxes and fees that apply to Title II utility telecommunications service, but not Internet service. The study conservatively estimates that new Title II utility regulations would increase broadband taxes and fees $17 billion or roughly $85 per American household per year.

Read the article in its entirety at The Daily Caller.

The Washington Post: Strong net neutrality rules could cost you $84 a year or more in new fees

A new report by PPI Senior Fellow Hal Singer and Brookings Nonresident Senior Fellow Robert Litan, Outdated Regulations Will Make Consumers Pay More for Broadband, was covered in a story by The Washington Post:

In a paper published by the Progressive Policy Institute, Singer and Litan argue that these and other charges stemming from various state and local rules could add $84 or more to a U.S. household’s yearly Internet bill…

The study is the latest effort by opponents of strong net neutrality rules to describe the potential economic fallout of regulating ISPs under Title II. Last month, telecom lobbyists argued to the FCC that aggressive regulation would slow down the pace of industry investment in network upgrades, to the tune of $45 billion over the next five years.

Read the article in its entirety at The Washington Post.

Multichannel News: Consumer Bills Could Soar Under Title II

A new report by PPI Senior Fellow Hal Singer and Brookings Nonresident Senior Fellow Robert Litan, Outdated Regulations Will Make Consumers Pay More for Broadband, was covered in a story by Multichannel News:

Consumers’ broadband bills could go up close to $90 a year if the FCC reclassifies Internet access service under Title II common carrier regs, according to an analysis by the Hal Singer of the Progressive Policy Institute and Robert Litan of Brookings.

According to a paper being released today (Dec. 1), the average increase in state and local fees on wireline, and potentially wireless, broadband, would be $67 and $72 annually, plus an added $17 per year in federal fees.

Added together, they argue that reclassification could add up to $17 billion new fees on top of the $1.5 billion the FCC is planning to add to the E-rate Universal Service Fund to promote higher-speed broadband connections to schools and libraries.

Read the article in its entirety at Multichannel News.

Consumers’ broadband bills could go up close to $90 a year if the FCC reclassifies Internet access service under Title II common carrier regs, according to an analysis by the *Hal Singer of the Progressive Policy Institute and **Robert Litan of Brookings.

 

According to a paper being released today (Dec. 1), the average increase in state and local fees on wireline, and potentially wireless, broadband, would be $67 and $72 annually, plus an added $17 per year in federal fees.

 

Added together, they argue that reclassification could add up to $17 billion new fees on top of the $1.5 billion the FCC is planning to add to the E-rate Universal Service Fund to promote higher-speed broadband connections to schools and libraries.

– See more at: https://www.multichannel.com/news/policy/analysis-consumer-bills-could-soar-under-title-ii/385929#sthash.ej78Tuxq.dpuf

Consumers’ broadband bills could go up close to $90 a year if the FCC reclassifies Internet access service under Title II common carrier regs, according to an analysis by the *Hal Singer of the Progressive Policy Institute and **Robert Litan of Brookings.

 

According to a paper being released today (Dec. 1), the average increase in state and local fees on wireline, and potentially wireless, broadband, would be $67 and $72 annually, plus an added $17 per year in federal fees.

 

Added together, they argue that reclassification could add up to $17 billion new fees on top of the $1.5 billion the FCC is planning to add to the E-rate Universal Service Fund to promote higher-speed broadband connections to schools and libraries.

– See more at: https://www.multichannel.com/news/policy/analysis-consumer-bills-could-soar-under-title-ii/385929#sthash.ej78Tuxq.dpuf

Consumers’ broadband bills could go up close to $90 a year if the FCC reclassifies Internet access service under Title II common carrier regs, according to an analysis by the *Hal Singer of the Progressive Policy Institute and **Robert Litan of Brookings.

 

According to a paper being released today (Dec. 1), the average increase in state and local fees on wireline, and potentially wireless, broadband, would be $67 and $72 annually, plus an added $17 per year in federal fees.

 

Added together, they argue that reclassification could add up to $17 billion new fees on top of the $1.5 billion the FCC is planning to add to the E-rate Universal Service Fund to promote higher-speed broadband connections to schools and libraries.

– See more at: https://www.multichannel.com/news/policy/analysis-consumer-bills-could-soar-under-title-ii/385929#sthash.ej78Tuxq.dpuf

Politico: STUDY SAYS TITLE II WILL COST BILLIONS IN NEW STATE AND LOCAL FEES

A new report by PPI Senior Fellow Hal Singer and Brookings Nonresident Senior Fellow Robert Litan, Outdated Regulations Will Make Consumers Pay More for Broadband, was covered in a story by Politico:

Tech companies, public interest advocates and now even President Barack Obama have made the push for reclassifying Internet services as a way to achieve net neutrality. A new paper out today from the Progressive Policy Institute’s Hal Singer and Robert Litan argues such reclassification will ultimately pass billions in costs to consumers. They calculate that reclass that under Title II could make ISPs subject to both federal and state fees that apply to those services — and result in $15 billion in new state and local fees annually. (They go state-by-state and apply local tax rates to average wireline and wireless bills to make their calculations.) They also estimate a $2 billion increase in federal USF fees, using a more complicated formula. The paper will be live here, at 10 a.m.: https://bit.ly/12hkNUJ

Read the article in its entirety at Politico.

The Hill: $17B tax hike from Obama Web rules

A new report by PPI Senior Fellow Hal Singer and Brookings Nonresident Senior Fellow Robert Litan, Outdated Regulations Will Make Consumers Pay More for Broadband, was covered in a story by The Hill:

If Obama’s plan is put into place, “U.S. consumers will have to dig deeper into their pockets to pay for both residential fixed and wireless broadband services,” wrote the authors of a new Progressive Policy Institute study.

“The higher fees would come on top of the adverse impact on consumers of less investment and slower innovation that would result from reclassification,” they added.

Read the article in its entirety at The Hill.

Telegraph: New US tax inversion rules usher in era of forced ‘economic patriotism’

Michael Mandel, PPI’s chief economic strategist, was quoted by the Telegraph in an article on U.S. companies moving their headquarters overseas to avoid American taxes. Last week, the White House introduced new measures intended to make so-called” tax inversion” more difficult:

However, another school of thought claims American companies will continue moving their headquarters overseas – only with the foreign firms calling the shots.

“The legislation encourages activist investors and foreign companies to work together to make takeover bids for US multinationals with large amounts of cash outside the country,” says Michael Mandel, chief economist at the Progressive Policy Institute. “No company, no matter how large, would be safe.

Read more on Telegraph.co.uk

The Telegraph: US tax clampdown ‘could backfire’

In an article for The Telegraph regarding U.S. efforts to clamp down on tax “inversions,” PPI Chief Economic Strategist Michael Mandel is quoted on how such efforts might backfire:

Michael Mandel, chief economist at Progressive Policy Institute, the Washington think tank, said the new rulebook gives activist investors a “roadmap” that “is likely to turn US-based multinationals into hunted prey, selling out to foreign rivals”.

“The anti-inversion legislation does nothing to fix the underlying problem, which is the incredibly weird and broken US corporate tax system,” he said when the plans were first proposed.

“Instead, the legislation encourages activist investors and foreign companies to work together to make takeover bids for US multinationals with large amounts of cash outside the country. No company, no matter how large, would be safe.”

Read the entire story on The Telegraph

U.S. Investment Heroes of 2014: Investing at Home in a Connected World

In this era of globalization, goods, services, money, people, and data all cross national borders with ease. Indeed, connectedness to the rest of the world is now essential for the data-driven economy we find ourselves in to thrive. It follows that our tax, trade, immigration, and regulatory policies must be oriented to encourage that connectedness.

But perhaps paradoxically, prospering in a connected world requires a dedication to investing at home. It is impossible to participate as a full partner in the global economy unless we are investing in digital communications networks, education, infrastructure, research, energy production, product development, content, and security domestically. Investment generates increased productivity, higher incomes, new jobs, and more opportunities for the economic mobility and growth that we all desire.

Such prosperity-enhancing investment comes in many flavors, both private and public. In this report, we focus on identifying the U.S.-based corporations with the highest levels of domestic capital expenditures, as defined by spending on plants, property, and equipment in the United States. Currently, accounting rules do not require companies to report their U.S. capital spending separately, although some do. We fill in this gap in available knowledge using a methodology outlined at the end of this paper, based on estimates derived from published data from nonfinancial Fortune 150 companies.

To understand which companies are betting on America’s future, we rank the top 25 companies by their estimated domestic investment. We believe this list can help inform good policy for encouraging continued and renewed investment domestically.

Download “2014.09 Carew_Mandel_US-Investment-Heroes-of-2014_Investing-at-Home-in-a-Connected-World

Anti-inversion legislation: A “boomerang bill”

There must be a good word for legislation that produces exactly the opposite result that its supporters intend. I know, let’s call it a “boomerang bill.”

The anti-inversion legislation that Treasury Secretary Jack Lew advocated on September 7th is, unfortunately, a classic example of a boomerang bill.  It is intended to stop a feared tidal wave of corporate inversions–that’s a fancy technical term for when a U.S. company moves its headquarters to another country, often but not always for tax reasons.

In reality, anti-inversion legislation, at least as currently proposed, is likely to turn U.S.-based multinationals into hunted prey, selling out to foreign rivals. The proposed legislation basically draws up a roadmap for activist investors and foreign companies, showing them how to get access to the overseas cash of U.S. companies by buying them up and moving their headquarters out of the country.

How does that happen? Proponents of anti-corporate-inversion legislation are worried that the tax benefits of moving the headquarters of a U.S. multinational overseas are compelling–so compelling that if they allow a few companies to do it, a tidal wave will follow.

So to stop the flood, the legislation would require that any company that wants to “invert” show at least 50% foreign ownership in order to escape the U.S. tax system. That’s intended to stop companies such as Medtronic, which is planning to acquire the Irish company Covidien and move its headquarters to Ireland, while maintaining its existing operations in the U.S.

Now, there is much debate about whether Medtronic is making this move for strategic or tax reasons. But that’s not important.  The big problem is that the anti-inversion legislation does nothing to fix the underlying problem, which is the incredibly weird and broken U.S. corporate tax system.

Instead, the legislation encourages activist investors and foreign companies to work together to make takeover bids for U.S. multinationals with large amounts of cash outside of the country. No company, no matter how large, would be safe.

What’s the real solution here? America’s corporate tax system is broken, and you don’t fix a broken leg by applying a band-aid. For one, it has a higher corporate tax rate, 35%, than almost any other industrialized country.

Second, America taxes all income, foreign and domestic, of U.S.-headquartered companies at this higher rate, something almost no other country does.

Let me state for the record that I believe America is an awesome place to live and work. In particular, America’s history and culture as a wellspring of innovation makes it the best place to build a business in the world, bar none.  And I am gratified when I see foreign businesses open up factories, software labs, or R&D facilities in this country.

At the same time, I don’t necessarily like it when a U.S.-based company moves its headquarters overseas. Still, it’s a business decision, the same as when a foreign company takes tax breaks to open up a big plant, say, in Alabama or Kentucky.

The solution here is to fix the corporate tax system, not to enact a boomerang bill that will only make things worse.

 

Giving up on economic growth?

Growth should be at the centre of the social democratic agenda. Raising levels of economic security and equality are important goals, but it’s economic growth and innovation that allow high living standards and generous welfare states to be a reality

The “5-75-20” essay covers a lot of territory and offers centre-left parties many sensible governing ideas. In the end, though, this pudding lacks a theme – a convincing idea for how progressives can capture the high ground of prosperity.

The essay does prescribe something called “predistributive reform and multi-level governance,” but it’s hard to imagine rallying actual voters behind such turgid abstractions. I doubt Orwell would have approved of a word like “predistribution,” which clearly has an ideological agenda, even if the agenda itself isn’t so clear.

The term seems to promise a political response to inequality that doesn’t involve more top-down redistribution, which makes middle class taxpayers queasy. What it means in practice, however, is vague. Beyond essential public investments, do governments really know how to manipulate markets to produce more equal outcomes?

Before we go down this murky trail, let’s ask ourselves: Are we responding to the right problem? As Europe and America emerge slowly from a painful economic crisis, what is the main demand our publics are making on progressive parties? In the United States, anyway, the answer is: create jobs and resuscitate the economy. Since 2008, voters have consistently ranked growth as their overriding priority.

I can’t speak for Europeans; perhaps they are more concerned about inequality or sovereign debt or immigration or climate change. There’s no doubt, however, that Europe’s recent economic performance has been even worse than America’s. Both suffer from what the economists call “secular stagnation” – slow growth in plain language.

According to the OECD, average GDP growth across the EU was a scant 0.1 percent last year, compared to 1.8 percent in the United States. Unemployment averaged nearly 12 percent in the eurozone, versus 7.3 percent here (it’s now down to 6.3 percent, though U.S. work participation rates have plummeted). For young people, the job outlook is catastrophic: 16 percent of young Americans were out of work; 24 percent in France, 35 percent in Italy, and 53 percent in Spain. Only Germany (8.1 percent) among the major countries is doing a decent job of making room in its economy for young workers.

Progressives have yet to furnish compelling answers to anemic growth, vanishing middle-income jobs, meagre income gains for all but the top five percent, and social immobility for everyone else. Such conditions have radicalised politics on both sides of the Atlantic, sparking the tea party revolt in America and helping populist and nationalist parties make unprecedented gains in the recent EU elections. Populist anger over unfettered immigration, globalisation, and the centralising schemes of elites in Washington and Brussels has surely been magnified by pervasive economic anxiety.

The essay argues plausibly that the “new landscape of distributional conflicts and deepening insecurity” gives progressives a chance to channel voters’ frustrations in more constructive directions. It calls for new welfare state policies to win over the “new insecure,” the 75 percent who are neither the clear winners or losers of globalisation. But it says surprising little – and not until the last bullet ‒ about how progressives can boost productive investment, encourage innovation and put the spurs to economic growth.

This is emblematic of the centre-left’s dilemma. Our heart tells us to stoke public outrage against growing disparities of income and wealth and rail against a new plutocracy. Our head tells us that social justice is a hollow promise without a healthy economy, and that a message of class grievance offers little to the aspiring middle class.

What progressives need now is a politics that fuses head and heart, growth and equity, in a new blueprint for shared prosperity. But some influential voices are telling us, in effect, to give up on economic growth.

Lugging a 700-page tome called Capital in the Twenty-First Century, the French economist Thomas Piketty has taken the US left by storm. In advanced countries, he says, “there is ample reason to believe that the growth rate will not exceed 1-1.5 percent in the long run, no matter what economic policies are adopted.” What’s more, growing inequality is baked into the structure of post-industrial capitalism, and is likewise impervious to policy.

Some progressive US economists, such as Stephen Rose and Gary Burtless, have challenged the empirical basis of Piketty’s gloomy prognostications. According to Capital, middle-class incomes in the United States grew only three percent between 1979 and 2010. But the Congressional Budget Office, using data sets that take into account, as Piketty does not, the effects of progressive taxation and government transfers, found that family incomes rose by 35 percent during this period. That’s not a trivial difference.

Still, no one on the centre-left denies that economic inequality has grown worse in America, and that it demands a vigorous response. But progressives ought to be wary of deterministic claims that the United States and Europe have reached the “end of affluence” and must content themselves with sluggish growth in perpetuity.

Nor can anyone be certain that a return to more robust rates of growth would merely reinforce today’s widening income gaps. That’s not what happened the last time America enjoyed a sustained bout of healthy growth, on President Clinton’s watch. Let’s take a look back at what happened in the bad, old neoliberal ‘90s.

During Clinton’s two terms, the US economy created nearly 23 million new jobs. Over the latter part of the decade, GDP growth averaged four percent a year. Tight labour markets sucked in workers at all skill levels. Unemployment fell from 14.2 percent to 7.6 percent, and jobless rates for blacks and Hispanics reached all-time lows. The welfare rolls (public assistance for the very poor) were cut nearly in half, while about 7.7 million people climbed out of poverty. Military spending declined, the federal bureaucracy shrank, the IT and Internet revolution took off, trade expanded and Washington even managed to run budget surpluses.

Not too shabby, but how were the fruits of growth divided? The rich did very well, but few seemed to mind because everyone else made progress too. Median income grew by 17 percent in the Clinton years. Average real family income rose across-the-board, and actually rose faster for the bottom than the top 20 percent (23.6 vs. 20.4 percent.) This was genuine, broadly shared prosperity, and it’s not ancient history.

Now, it may well be that a new growth spurt won’t immediately narrow wealth and income gaps. But a sustained economic expansion would make it easier to finance strategic public investments in modern transport and energy infrastructure, in science and technological innovation, and in education and career skills. It would help progressives avoid drastic cuts in social welfare and maintain decent health and retirement benefits for our ageing populations. And, it would allow for a gradual winding down of oppressive public debts.

Nonetheless, many US progressives seem preoccupied instead by questions of distributional justice, economic security and climate change. They want to raise the minimum wage, tax the rich, close the gender pay gap, stop trade agreements, revive collective bargaining, slow down disruptive economic innovation, and keep America’s shale oil and gas bonanza “in the ground” to avert global warming. This agenda is catnip to liberals, green billionaires and Democratic client groups, but it won’t snap America out of its slow-growth funk. It energises true believers, but won’t help progressives appeal to moderate voters, who hold the balance of power in America’s sharply polarised politics.

Increasing economic security and equality are important goals, but it’s economic innovation and growth that makes high living standards and generous welfare states possible. Without them, the progressive project grows static and reactionary, rather than dynamic and hopeful. Progressives, after all, ought to embrace progress.

This articles forms part of a series of responses to the Policy Network essay The Politics of the 5-75-20 Society.

 

National Journal: Public-Private Partnerships Hinge on Tax Policy

In “Public-Private Partnerships Hinge on Tax Policy” Fawn Johnson of the National Journal discusses a policy memo released last week by Diana Carew, economist at PPI. In this article Johnson notes that public-private partnerships are becoming less partisan and more of an across the aisle issue. Johnson also elaborates on Carew’s memo, particularly Carew’s argument for changing the tax code in order to foster more public-private partnerships.

“Increasingly, however, public-private partnerships are becoming a topic of conversation among Democrats, another signal that the Eisenhower, big-government highway era is over. (We’ve known that’s been coming for several years.) Last week, the Progressive Policy Institute, a Clinton-era think tank, released a policy memo making the case that public-private partnerships are a good way to supplement our infrastructure needs without relying on the government to fund everything.”

You can read the rest of the article, as well as Carew’s policy memo, on the National Journal’s website, here.

Uncluttering State Tax Systems

Over the last week, as you’ve raced to file your taxes by the deadline today, you’ve no doubt been bombarded on talk radio, cable TV, and the opinion pages about how complex and anti-growth the federal income tax system has become. Tax reform is indeed long overdue, but it’s not just the federal code that needs fixing: Many state tax systems are regressive, economically distorting, and mind-numbingly complex.

This month, the Progressive Policy Institute unveiled a unique study ranking the tax systems of all 50 states plus the District of Columbia — the State Tax Complexity Index. The index measures complexity in terms of the number of loopholes lurking in the code. What we discovered surprised us.

First, it doesn’t matter whether states rely on income or sales taxes, or whether they have a single rate or multiple rates — all of these systems can be honeycombed with complicated tax breaks, despite what you may have heard from advocates of a national sales tax or “flat tax.” For example, Hawaii and California, two states with very progressive income-tax systems (Hawaii has more marginal rates than the federal code) ranked among the least complex tax systems in terms of special tax preferences. Meanwhile, states with no individual income tax ranged all over the spectrum; for example, Washington ranked near the top of our complexity scale, Texas finished in the middle, and Alaska was toward the bottom. And states that have a flat tax clustered in the middle of our survey, with the exception of Utah, which tied for 37th.

Second, reducing complexity by eliminating tax breaks can finance lower tax rates and also increase progressivity, because such preferences mostly benefit higher-income individuals and businesses.

Choosing how to measure tax complexity across all types of tax systems was a challenge. The only feature that all systems shared was tax expenditures — tax provisions that provide a targeted benefit to specific individuals and groups, and thereby reduce government revenue. Common tax expenditures include deductions, credits, exclusions, deferrals, and rebates.

Some progressive analysts view tax expenditures as an indirect and more politically palatable form of government spending that obviates the need for new programs and administrative bureaucracies. Conservatives usually see them as a way of chipping away at tax burdens on affluent families and businesses. Either way, the growth of tax expenditures greatly increases tax complexity, because they spawn a special set of regulations that multiply over time and often lead to growing inconsistencies and inequities.

How do we know tax expenditures add to complexity? According to the IRS, the average person filing a 1040 form (which includes those taxpayers who chose to itemize their deductions) devotes 16 hours, the equivalent of two full work days, to the task. The 1040EZ form (which limits the number of deductions, credits, and other tax expenditures), by contrast, takes just four hours.

Tax expenditures don’t just clutter up the tax code; they also leak revenues and usually bestow their benefits upon the least needy among us. Federal tax expenditures cost the government over $1 trillion a year. Because you have to itemize to take advantage of deductions and credits, and because the value of deductions is tied to one’s tax bracket, upscale taxpayers reap the lion’s share of the benefits, whether we’re talking about deductions for charity, for home mortgages, or for health care. One big exception to this general rule is the Earned Income Tax Credit, which is specifically targeted to minimum- and low-wage workers as an incentive and reward for work.

Whether at the state or federal level, the lesson is clear: If simplicity is your goal, you have to reduce the number of tax breaks. Switching to a flat or sales tax isn’t the answer. Closing loopholes will also help governments pay their bills the old-fashioned way, by raising revenue instead of piling up public debt. Plugging revenue leaks will ease pressure for raising tax rates, which should be kept as low as possible. And eliminating tax breaks will reduce economic distortions and help channel capital investment to its most productive uses, rather than those favored by politicians.

That’s just as true on the state level as it is in Washington, D.C. So if federal lawmakers ever do get around to serious tax reform, they should invite the nation’s governors to the table, too.

This op-ed was originally published by Real Clear Politics, read it on their website here.

The State Tax Complexity Index: A New Tool for Tax Reform and Simplification

Across the political spectrum there is broad agreement that tax reform is long overdue. Yet reform remains an elusive goal—not just in Washington, but also at the state level. Ideological standoffs, the excessive influence of special interests, the impending midterm elections, and mistrust of government are just some of the road blocks to reform.

This policy report undertakes a unique examination and comparison of the complexity of all 50 state tax systems plus the District of Columbia – the State Tax Complexity Index (“Index”). The Index measures complexity in terms of the number of tax expenditures for each state revenue system and highlights several findings that are relevant to the national tax reform debate.

The report includes a short history of state income tax systems and demonstrates the shortcomings in state income tax systems across different systems and taxation methods. Weinstein comments:

State tax systems tend to mirror the flaws so evident in our federal tax code: they are regressive, economically distorting and absurdly complex.

He continues:

“Although some continue to argue for a national sales tax or ‘flat tax,’ our study shows the best way we can promote simplicity in state tax codes is to eliminate cumbersome and seldom used tax breaks. Eliminating these breaks would reduce complexity, increase government revenue and finance lower tax rates across the board. Doing so would also increase fairness, as most breaks only benefit higher-income individuals and businesses.”

Read the full brief, including the index, here.

Bloomberg West: Does Tech Help the San Francisco Economy?

PPI’s Michael Mandel spoke on Bloomberg Television‘s “Bloomberg West” on April 4th to discuss the pros and cons of tech tax breaks. He identified the lessons to be taken from the San Francisco tech boom example and gave his arguments for why governmental support of tech has been imperative for economic growth in San Francisco:

The Tech Info boom has the potential to spread jobs and spread growth across a broader part of society than people think. [In SF] they were very encouraging and welcoming to tech firms, they offered some very targeted tax breaks. […] If a city administration is focused on attracting tech firms, that is actually a potent force for development.

Watch the entire video on Bloomberg Businessweek here.