A Proposal to Eliminate Sales and Use Taxes Hal R. Varian, Dean School of Information Management and Systems UC Berkeley Berkeley, CA 94720 November 12, 1999 December 11, 1999 (revised) I propose eliminating all state and local sales taxes and replacing them with a revenue-equivalent state income or consumption tax. 1. Compliance costs. We spend a significant amount of effort to calculate an Adjusted Gross Income for purposes of Federal and State taxation. Why should we also spend additional resources to monitor consumption at the level of individual purchases? It makes more sense to replace state sales taxes with a tax on reported income. Since 80% of the states already have a state income tax, typically based on the Federal AGI, the compliance costs would be very small. Even states without an existing income tax would have minimal compliance costs since a Federal AGI is computed for almost everyone. 2. Consumption tax. If it is felt to be particularly desirable to tax consumption, rather than income, then states could offer taxpayers a deduction for their measured savings. Since consumption expenditure is, by definition, income minus savings, this would be essentially equivalent to a very broad-based sales tax. 3. Tax base. If an income tax supplement is used to make up for lost sales tax revenue, it would be appropriate to have a cap, in order to make the incidence of the tax supplement similar to that of current sales taxes. This cap would differ from state to state, depending on revenue needs. In 1987 state sales taxes were about $600 per capita, so a cap of around $1500 would probably be the right order of magnitude. 4. Tax location. State sales taxes have been popular because they tax purchasers rather than residents. However, most proposals for taxing online sales base tax liability on place of residence, which is also the determining factor for state income tax liability. Hence there would be little difference in incidence between most proposed sales tax reforms and a state income tax. 5. Special jurisdictions. Cities and regions that levy add-on sales taxes could just as easily use an add-on income tax, which would have similar incidence. 6. Business-to-business taxation. Business-to-business transactions in intermediate goods would not be taxed under this system. The treatment of state and local corporate income tax would be subject to negotiation, but most likely there would be an increase in such rates to make up for the lost revenue from state use taxes. 7. Implementation. There is no reason for the Federal Government to impose the elimination of state sales taxes; indeed, they are prohibited by the Constitution from doing so. The Federal Government should simply do nothing. If online purchases become large enough to significantly impact state revenues, states would be led to adopt such a plan on their own. If online purchases never reach such a threshold, there is no real problem to solve. 8. Research. It would be valuable to try to estimate what form of revenue-neutral income taxation would have similar incidence to existing sales and use taxes. The proposal to replace state sales tax with a capped supplement to state income tax satisfies all the requirements set forth by the committee with respect to simplification, neutrality, unchanged burden, reporting requirements, revenue base, discrimination, international neutrality, and privacy. Indeed most of these issues are rendered moot by this proposal. The current state sales tax system is costly, inefficient, and inappropriate for the information age. The current debates over ecommerce taxation offer a good opportunity to replace the sales tax with a more sensible system of state and local taxation.