.
| Our Unsound
Tax Laws And Measures for Reform |
| [Reprinted from The
Commercial and Financial Chronicle, 7 July, 1960] |
Opposed to any taxation of
privately created values, Mr. de Fremery strongly favors reforming our
tax laws so that only publicly created land rental value would be
taxed. The author joins a list of advocates and forerunners of the
Henry George single tax plan which he cites; raises and answers
arguments against the taxation of the annual rental value of land; and
goes on to specify the many advantages of his proposal. Mr. de Fremery
claims that: Henry George's principles have never been refuted; there
would be no need for any other taxes so long as Government costs are
correlated to this single source of tax revenue; such a tax cannot be
shifted; and this offers the best protection for private property and
free enterprise.
Daniel Webster once said: "A free government cannot long
endure where the tendency of the laws is to concentrate the wealth of
the country in the hands of a few, and to render the masses poor and
dependent." An objective analysis of the tax laws used in most
countries will, I believe, lead any fair-minded person to the conclusion
that these laws do just that. They tend to concentrate wealth in the
hands of a privileged few - taking from those who produce and giving to
those who do not.[1]
The basic defect in our tax system is that we allow our local, state,
and Federal governments to tax away privately created values
while at the same time an enormous amount of publicly created value
remains in private hands.
Many are surprised to hear of publicly created value as distinct from
privately created values. Victims of unjust taxation all their lives,
they are shocked by the suggestion that it is possible to have an
essentially burdenless tax system - that there is a natural reservoir of
publicly created value, over and above all privately created values,
which could pay for all legitimate activities of government. Yet many
economists have recognized this fact for more than 200 years. And
although we draw to some extent upon this source of revenue, the extent
to which we do not is responsible for many of our economic ills today.
The difference between publicly created and privately created values,
once seen, is never forgotten. Both result from the competitive bidding
within society for the right to consume or use something. But it is of
utmost significance that privately created values result from
competitive bidding for goods and services produced by man, whereas
publicly created values result from competitive bidding for something
no man produced - the land upon which we live and work and whose
value increases as the community in which it is located grows. In the
one case men are bidding for goods and services produced by each other
as private individuals. In the other men are bidding for the important
right to use part of the earth's surface. In the one case you have
privately created values. In the other you have a publicly created
value.
Distinguishes Improvements' From Land Rental Value
It is necessary, of course, to distinguish between the publicly created
value of a piece of land and the value of improvements made by the
landholder. A person may improve his land with his own money and effort
by landscaping, planting crops, building a house or factory or other
structure. Such improvements are privately created values. And when we
speak of the publicly created value of a parcel of land, we are
specifically excluding the value of any privately financed improvement
in or on it.
As each community grows, both publicly created and privately created
values grow with it. Privately created values increase as an expanding
population produces more houses, more food, more manufactured products
and more services. But this same activity together with the activities
of Local, state, and Federal governments causes an increase in the value
of land over and above the total of all privately created values. For
example, before Rockefeller Center could be erected, the bare land under
it had to be leased from its owners. The rent agreed upon for this piece
of bare land was $3.5 million a year, a sum which is still being paid
each year to its title-holders. Bare land in that location is worth that
much to those who need to use it. Similar examples of the high rental
value of land, apart from any improvements in or on it, can be found in
every large city.
The increasing value of land resulting from the growth of each
community is in no sense created by the productive effort of each
titleholder. The land that is most favorably situated will have the
highest value regardless of who holds title to it. Thus a man who
contributes nothing to the community in which he lives -
a man who produces nothing and performs no useful service to society
-may, nevertheless, have a steadily increasing income because he holds
title to a piece of land in the center of a growing city. The rental
value of his land will steadily increase as the community grows. That is
what is meant by a publicly created value. It is created by the
community as a whole and exists independently of the productive activity
of the landholder.
Stresses Basic Differences
The problems we have in taxation today result primarily from our
failure to take advantage of this basic difference between the publicly
created value of land and privately created values of goods and
services. We quite foolishly allow taxes to fall indiscriminately on
both publicly created and privately created values. Privately created
values should be sacredly protected as private property free of all
taxes so as to encourage the maximum production of wealth. On the other
hand the publicly created rental value of land - which no individual can
rightfully claim as his alone because the public as a whole created
it-should be looked upon as legitimate public property that, ideally,
ought to be recovered by the community through taxation and used for
public purposes. To the extent this is done a just revenue is derived
that make it unnecessary to levy taxes on privately created values.
Years of experience by assessors throughout the United States and in
many other parts of the world have demonstrated that the publicly
created value of land is readily separable from the value of private
property in improvements. But if, in some cases, it is difficult to
distinguish between publicly created and privately created values -
between what is rightfully public property and what is rightfully
private property - it is still inexcusable not to make the effort to do
so. We cannot make secure to the individual what belongs to him until we
make secure to the public what belongs to it. We cannot preserve a
system of private property unless we make ell levels of government draw
revenue solely from what is legitimately public property.
Depicts Disadvantages of Present Tax System
Consider the disastrous consequences of not securing public revenue
from the proper source:
(1) By failing to make full use of the publicly created value of land
for public purposes, we have forced local, state, and Federal
governments to obtain more and more revenue from privately created
values. That means sales taxes, income taxes, taxes on our homes,
factories, machinery, cigarettes, gasoline, and all the other sources
from which governments try to raise revenue today. Such taxes discourage
the production of wealth and add to inflationary forces by increasing
costs of production.
(2) By allowing a large part of the publicly created rental value of
land to be privately pocketed, we encourage speculation in land. Vast
amounts of excellent land in both city and country lie either
underdeveloped or completely idle, the taxes being too low to induce the
holders to put it to better use or sell it to those who will. The
enormously inflated prices of land today are due to this cause and stand
as a major roadblock to the construction industry. Thus, me June, 1958
issue of
House & Home (leading magazine for the construction
industry) editorialized as follows:
"It just plain is not true that land for home building
is getting scarce. What is true is that land speculators are making
land scarce by holding millions of acres off the market to get higher
prices (or pricing those acres out of today's market, which is the
same thing in different words) ...
"The one best way to stop land price inflation and perhaps
squeeze out some of the past inflation is to get together and fight to
put more of the tax load on land and less of the tax load on
improvements. This shift might make it too costly for speculators to
hold good home sites idle hoping to squeeze us for still higher prices
later on. "Higher taxes on land would hurt no one but the land
speculators. Higher taxes on land would permit lower taxes on houses
and other improvements. Higher taxes on land are the only taxes that
would stimulate production instead of discouraging it.
"Our industry has to live closer to the land speculator than any
other industry. We have a closer view of the harm land speculation is
doing our economy, so we should be first to tell the tax planners and
the , tax collectors that higher land taxes are the one way to raise
more revenue without hurting anyone except our public enemy No. 1."
Of course, the real culprit - our real public enemy - is not the land
speculator but rather a tax system that encourages speculation in land.
The public as a whole is responsible for its own misfortune by not
insisting that the publicly created value of land be used as the source
of public revenue.
(3) When we deprive our citizens of the full reward for their
productive activities by levying taxes on the things they buy, the homes
they build, and the money they earn, a growing number of them will be
unable to afford decent housing. Slums are an inevitable result. By
taking taxes off income, sales, and houses and putting them on the
publicly created value of land, lower income groups will be more able to
afford decent housing, and slumlords will be obliged to erect decent
housing in order to pay their taxes.
(4) When governments have the power - as they do today - o tax
privately created values and spend the money on public improvements that
add value to nearby land, it is inevitable that powerful lobbies
representing these landholders will exert pressure to pass pork barrel
legislation. On the state and Federal levels these lobbies strive to
increase government spending for highways, dams, schools, etc., because
no state or Federal revenue comes from taxes on land. Locally these
lobbies are engaged in holding down property taxes which fall on their
lands while boosting sales taxes and any other taxes that will
substitute for taxes on their landholdings. The result is an inherent
tendency for the state and Federal governments to spend themselves into
bankruptcy while local governments claim they are impoverished.
(5) The combination of the above factors results in a natural tendency
toward a loss of local responsibility and a growing dependence of local
governments on central government - a trend that threatens the survival
of free institutions as our forefathers knew them.
Criticizes Educational System That Ignores Henry George
The peculiar nature of land value and its suitability as a source of
public revenue has been recognized by many economists during the past
200 years. Adam Smith distinguished between
ground rent and ordinary rent for the use of
improvements. He said ground rent was a superior source of public
revenue because taxes obtained from this source had no harmful effect on
enterprise. John Stuart Mill referred to the rising value of land
resulting from the growth of a community as an "unearned increment"
if allowed to remain in the hands of landholders.
During the last half of the 19th Century, several scholars - each
independently of the others - discovered this natural source of
government revenue - this fund of publicly created value that makes it
possible to have a burdenless tax system. But the man who did more than
any other before him to clarify the distinctive nature of land value,
and who thereby incurred the wrath of powerful landholding interests,
was the United States economist and social philosopher, Henry George. No
man in the last 100 years has received more abuse and been so grossly
misrepresented. Yet he succeeded in winning the acclaim of statesmen,
philosophers, economists, and leading citizens all over the world.
Henry George was a man of intense faith. He firmly believed in a moral
order and in the beneficence of natural laws. He saw clearly that the
value of land is the natural source of public revenue because not only
is it a publicly created value over and above all privately created
values but it grows as the need /or public revenue grows. And he
realized the awful truth that because the value of land grows as each
community grows, a blight will fall on any community in direct
proportion to its refusal to obey natural law by obtaining its, revenue
from this source. He saw that to the extent publicly created values are
privately pocketed, a relatively few landholders become wealthy while
the vast majority of people are kept relatively poor under a crushing
burden of direct and indirect taxes on their productive activity. He saw
that if a government robs the people of the fruit of their efforts while
at the same time giving a favored few values to which they are not
entitled, the moral fibre of both groups will be destroyed. The basic
principles so ably espoused by Henry George have been endorsed by Leo
Tolstoy, Woodrow Wilson, David Lloyd George, Henry Ford, John Dewey,
Albert Einstein, Winston Churchill, Theodore Roosevelt, Albert Jay Nock,
Rabbi Stephen S. Wise, Sun Yat Sen, Louis D. Brandeis, Clarence Darrow,
Irving Fisher, John R. Commons, Samuel Gompers, and many others. But the
sad fact is that few high school or college graduates have heard either
of him or of the clear and just principles he sought to popularize -
principles which have never been refuted. Commenting on this
neglect, Tolstoy said:
"The chief weapon against the teaching of Henry George
was that which is always used against irrefutable and self-evident
truths. This method, which is still being applied in relation to
George, was that of hushing up."
Economists' Views Yesterday And Currently
Largely as a result of Henry George's influence on economic thought,
the American Economic Association had a round table discussion of land
value taxation at its annual meeting in 1907. The final canvass of
opinion showed that an overwhelming majority of those present agreed on
the soundness of the following three propositions:
(1) The site value of land is a creation of the community, not a
creation of the landholder.
(2) A tax levied on the site value of land cannot be shifted nor
recovered from the tenant by raising his rent.
(3) A tax levied on the site value of land is burdenless. The
community, in taxing site value, is merely recovering a value it has
created.
That was over 50 years ago. Recently, Dr. Glenn E. Hoover, past
President of the Pacific Coast Economic Association, observed that most
economists today maintain the same position.
Many prominent statesmen during and after Henry George's life
recognized the validity of his teaching. Notable among these were
Winston Chrurchill and Theodore Roosevelt. Mr. Churchill gave two
brilliant speeches attacking land monopoly - one in the House of
Commons, the other in Edinburgh. In the Edinburgh speech, Churchill
said:
"I hope you will understand that, when I speak of the
land monopolist, I am dealing more with the process than with the
individual landowner. I have no wish to hold any class up to public
disapprobation. I do not think, that the man who makes money by
unearned increment in land is morally a worse man than anyone else who
gathers his profit where he finds it in this hard world under the law
and according to common usage. It is not the individual I attack, it
is the system. It is not the man who is bad, it is the law which is
bad. It is not the man who is blameworthy for doing what the law
allows and what other men do; it is the State which would be
blameworthy were it not to endeavour to reform the law and correct the
practice. We do not want to punish the landlord. We want to alter the
law."
Churchill never, retracted any of these statements. Quite to the
contrary, they were verified and confirmed by inclusion in a volume, "Liberalism
and the Social Problem," which he later made public. In the preface
to that work he wrote:
"The opinions and arguments are unaltered and hereby
confirmed, and I press them earnestly and insistently upon the public."
Taunted recently in the House of Commons with once having "sung
the land song," he retorted, "I shall sing it again."
Theodore Roosevelt, in a speech delivered Aug. 6, 1912, showed his
grasp of the subject:
"Alaska should be developed at once, but in the
interest of the actual settler. The government should keep the fee of
all of the coal fields and allow them to be operated by lessees,, with
the condition in the lease that nonuse shall operate as a forfeit.
Moreover, it would be well in Alaska to try a system of land taxation
which will, so far as possible, remove all the burdens from those who
actually use the land, whether for building or for agricultural
purposes, and will operate against any man who holds the land for
speculation or derives an income from it based, not on his own
exertions, but on the increase in value due to activities not his own."
"Why," one may ask, "hasn't the world made better use of
sound tax principles if economists and leading statesmen have recognized
their validity?"
Local governments in the United States - through the property tax --
have made some use of land value as a source of revenue. But there has
been a great change since World War I. The percentage of total public
revenues coming from land has steadily declined since that time - partly
because of the burdensomeness of that part of the property tax that
falls on improvements and personal property, and partly because of the
enormous political influence of landed interests which always look to
the state and Federal governments or to local nonproperty taxes for
substitute funds that should be raised by local taxes on the rental
value of land.
Countries That Are Taxing Land
Some areas of the world, notably Australia, New Zealand, and Denmark,
have made good use of sound tax principles by perfecting the property
tax. Instead of allowing this tax to fall on both land and improvements,
they have removed, or are in the process of removing, all taxes on
improvements and putting the full burden of this tax on land, where it
belongs. The resulting stimulus to the construction industry is always
apparent. Higher taxes on land induce land speculators to sell their
idle holdings, thus making land available to builders. The removal of
taxes from buildings obviously encourages construction.
But although these countries have made progress in the right direction
by removing taxes on improvements, they still have a long way to go.
There are still many taxes falling on privately created values while an
enormous amount of publicly created land value remains in private hands.
The high price of bare land is proof of this fact.
Progress in the direction of a completely sound revenue system will
follow readily once the public thoroughly understands the subject. The
reason the public doesn't understand taxation is that the basic
principles have been woefully misrepresented by powerful privileged
interests. For example, it is claimed these principles threaten our
system of private property. Exactly the opposite is true. These
principles assert an absolute, unqualified property right in all that a
man's enterprise, ingenuity and exertion enable him to produce. If you
build a house, or raise a herd of cattle, or work for a weekly pay
check, it should be yours completely and absolutely. Your ownership
should not be required to meet any conditions imposed by a tax
collector. There should be no income tax, no corporation tax, no tax on
buildings or machinery, no tax on trade, no sales tax. As Henry George
puts it:
"Instead of weakening and confusing the idea of
property, I would surround it with stronger sanctions. Instead of
lessening the incentive to the production of wealth, I would make it
more powerful by making the reward more certain.
No matter how
many millions any man can get by methods which do not involve the
robbery of others - they are his; let him have them."
Taxed Property Is Not Private Property
Another bogeyman is the question of who would own the land if all
revenue came from land values. Here again some have become confused over
the meaning of private property. To the extent that property is taxed,
it ceases to be private. What a man creates or earns can be considered
as truly private property only if it is his to do with as he sees fit -
free of any taxes levied upon it. Private property must therefore be
understood as
property that is not subject to taxation. Since taxes should
fall solely on publicly created 'land values, it is correct to say that
land should not be classified as private property in this sense. But
bear in mind we do not have this kind of private property in land today,
nor do we have private property in anything! Taxes fall on our land, our
homes, our incomes, our purchases, our inheritances. That's just what we
should object to. Public revenue should come solely from the publicly
created value of land. We should hold as private property, tax-free, all
privately created values. How else can we encourage the production of
wealth? Let our land - which should be looked upon as our common
heritage - continue to be privately held, but require each
landholder to pay into the public treasury the publicly created rental
value of the land he holds. Justice demands no less. Then, and then
only, will it be possible to protect privately created values by freeing
them of taxes.
Sees It Lessening: Government Power
The question is sometimes asked: Doesn't land value taxation place too
much power in the hands of government? No. It has the opposite Effect.
Modern governments are dangerous because we have given them the power to
take privately created values away from us. When we allow our
governments to deprive us of the fruits of our labors, we impair our
ability to fend for ourselves. Many of us are forced to become wards of
the state. The only effective way to limit the power of government and
to make certain it remains our servant is to deny it the power to
deprive a man of the fruit of his effort. We should compel all levels of
government to live within their legitimate income, the publicly created
value of land, the amount people are willing to pay for exclusive use of
the land they hold. Governments are not entitled to more than this. And
it is particularly wrong for any government to deprive any citizen of
privately created values - which is now being done on a grand scale - as
long as a single dollar of publicly created value remains in private
hands.
Curiously enough, the reverse of the above question is sometimes used
as an argument against sound tax reform. It is claimed that the proposed
system of taxation would weaken the government unduly and place it in
the embarrassing position of being unable to make both ends meet. There
are several answers to this. First, if our governments ho longer took
from us the values we create as individuals, we would no longer have to
be taken care of by our government to the extent we are today. Second,
when we secure public revenue from the proper source, we have less "pork
barrel" legislation. Landholders become watchdogs of the public
purse rather than pressure groups asking for more spending for highways,
dams, and irrigation projects that will increase the value of their
land-holdings without their having to pay for it. Third, when taxes are
removed from improvements or other privately created values, the demand
for land naturally increases. People will pay more for the exclusive use
of land which they can improve without being taxed for the improvement.
Thus the public revenue from land values rises as other taxes are
removed.
It may still be argued, however, that our various levels of government
may want more income than they can get from the annual rental value of
land. Maybe they will. But that is no excuse for allowing them to leave
a large! part of their legitimate revenue in private hands today. If,
after our tax system is put on a sound basis, our governments still do
not have sufficient revenue to make both ends meet, then there is reason
to believe we should cut down the size of our government. We must resist
the attempt of governments to confiscate privately created values. There
is no other way to respect the right to private property - the
foundation of our free enterprise system.
Claims Landowner Would Be Freer Than He Is Today
Another common misunderstanding is that somehow a thorough going system
of land value taxation would mean that the government rather than
private individuals would have the power to allocate sites as a
consequence of which we would all be subservient to the government. But
that is not the case. It would still be up to the market place to
determine the use to which land is put. There would still be a free
market in land. Titles to land would still be exchanged - but at greatly
reduced prices. Each landholder would be just as free as he is today to
put his land to its best use. As a matter of fact, he would be much more
free than he is today because the amount of taxes he pays will be
independent of the improvements he puts on his land. He will no longer
be taxed for improving his land.
Some landholders misjudge the effect of tax reform. They don't realize
how much they stand to gain from a sound tax system. The higher taxes we
would pay on the land we hold would be more than offset by the
elimination of taxes on improvements and personal property, of income
and sales taxes, and the huge burden of indirect taxes hidden in the
price of goods and services purchased. The only sufferers from this
reform will be the relatively few speculators in underdeveloped land or
those whose income comes primarily from ground rent rather than from the
rendering of a useful service to society. Surely it should not be
difficult for those who wish to preserve our free enterprise system to
decide whether or not we should continue protecting the special
interests of this small segment of the population at the expense of
everyone who is engaged in useful productive activity. Surely we have
the wisdom to stop this senseless taxation of privately created values
when there is an ample supply of publicly created value that can be used
to support our local, state, and Federal governments.
Another stumbling block that prevents some people from accepting sound
tax reform is their belief that if taxes on the value of land are
increased, a landholder who has invested in land so as to have the
privilege of pocketing funds obtained by leasing the land to others
should be compensated by the government when he loses this privilege.
But why should anybody be compensated just because the government
changes its source of revenue? Was anybody compensated when the income
tax was put into effect? Of course not. The whole idea of compensation
is absurd. All taxation, no matter where it falls, involves the
confiscation of value. No matter where the government gets its revenue,
confiscation of value takes place. The government takes values that are
privately held and puts them to use for public purposes. It is absurd,
therefore, to compensate the landholder just because taxes on the
publicly created value of his land are increased. As a matter of fact,
if anybody deserves compensation, it is all those who have been robbed
of their privately created values under the existing tax system, not
those who have been permitted to pocket the publicly created value of
land all these years. But if we are wise, we will not try to correct
past injustices. We will simply insist that justice be done from now on.
Finds Single Tax to Be Most Equitable
Another variation of the above argument is the claim that it would be
wrong to obtain all public revenue from landholders when a large number
of citizens have no land. But those who have no land are paying ground
rent to those who do. In other words landless people provide landholders
with the money to pay taxes falling on their land. And if we bear in
mind the essential difference between publicly created and privately
created values, we are forced to the conclusion that taxes on the
publicly created rental value of land are the only taxes that are
absolutely equitable to all citizens. This is so because the annual
rental value of land, being a publicly created value, legitimately
belongs to all, share and share alike. Theoretically, our government
should recover the total rental value of land - our common heritage -and
divide it equally among all citizens. But since our governments need
revenue and we wish to avoid having taxes levied on privately created
values, it makes sense for each citizen to assign to his local
government his equal share of this public value. By so doing he
contributes the same as every other citizen to the cost of government.
Certainly there is no other source of revenue as equitable as this.
Denies Tax Can Be Shifted
At the opposite extreme of the claim that land value taxation is wrong
because landholders would be the only ones paying taxes is the claim
that landholders would be paying no taxes at all. It is claimed that
they would merely raise their rents in proportion to the increase in
taxes falling on their lands. But this is one thing all reputable
economists agree can not be done. If site A (land only) in the heart of
a city is worth $1,000 per month to whoever uses it, while site B (land
only) on the outskirts of the city is worth only $100.00 per month, then
site A is worth only $900.00 more per month than is site B. A change in
the amount of taxes falling on these two landholders cannot affect the
relative value of these sites. Suppose, for example, that an attempt
were made to get $2,000 and $200.00 per month respectively for these two
sites just because each landholder were required to pay taxes of $1,000
and $100.00 respectively to the city. Obviously, the tenants in site A
would move to lower cost land. Site A is not worth $1,800 more per month
than site B. If it were, the landholder would be getting it in today's
market.
Although a tax on land values affects the price of land, it cannot
affect its rental value. There is no disagreement among professional
economists on this point.
Explains Mechanics of Tax Collection
The question naturally arises: How should Federal, state, and local
governments obtain the rental value of land? The practical answer is
that we should return to the constitutional provision that requires our
Federal government to apportion direct land taxes among the states
according to their respective populations. The states, in turn, should
obtain this revenue and the revenue for their own support by
apportionment among their counties, in the way Nebraska, Texas, Montana,
and a number of other states still do. The counties, as agents of the
states, should collect their revenue, and the revenue needed by state
and Federal governments, from the rental value of their lands, using
existing property tax collection machinery. These changes would reverse
the trend of the last 50 years. Instead of lower levels of government
becoming increasingly dependent upon higher levels of government for
aid, thereby losing their independence, the higher levels of government
would return to dependence upon the lower. That is as it should be if we
wish to preserve our liberties.
Some may claim, "It's too late to change the rules of the game."
But if a person has a clear understanding of the disastrous effect that
some of the existing rules are having upon us-he will realize the wisdom
of making the rules sounder so as to protect each person's right to
enjoy the fruits of his efforts. The first barrier to the spread of
Communism is a tax system that differentiates between publicly created
and privately created values. Then and only then can all privately
created values be treated as private property, secure in private hands,
immune from confiscation by tax collectors.
In his book, "Constructive Taxation for Free Enterprise,"
Judge John R. Fuchs stated the issue clearly as follows:
"There can be no hope of peace and order in society
without a clear recognition of what is public and what is private
property. The soundness of the very foundation of society depends upon
this.
We must distinguish between what is Mine, Thine, and Ours."
Almost two thousand years ago, a famous teacher of Nazareth stated the
same basic principle when he said: "Render unto Caesar that
which is Caesar's." Truly, there is nothing new under the sun.
We may have a new set of faces. But our problems are the same. We cannot
escape the consequences of our immoral acts. We cannot hope to achieve
the kind of life our Creator intended for us until we provide ourselves
with a sound and just method of raising public revenue, and a sound
monetary system.
NOTES
1. The same can be said of our banking
laws. See the author's "Banking and Monetary Reforms to Preserve
Private Enterprise," The Commercial and Financial Chronicle,
June 7, 1956, p. 13, and "Our Unsound Monetary System and Measures
for Reform," ibid, Nov. 20, 1958, p. 14.
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