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Why Land
Tax Exemptions Are Unsound |
[A paper presented at
the Eleventh International Conference on Land-Value Taxation and
Free Trade. New York. 30 August thru 5 September, 1964]
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The amount of ground rent available for public use can be altered in
different ways. Assessment practices, tax enforcement procedures,
centralised controls and aids can affect public rent collections as much
as a shift of the local tax base from buildings to land. Those who want
to improve the public revenue system can do so more effectively if they
are familiar with all such avenues of advance.
An avenue of advance which is already important and which will be more
important in years to come is abolition of the special tax exemptions
enjoyed today by certain private lands. Much public land is also tax
exempt, but this presents a different problem, as will be shown.
Special exemption from the tax rates imposed on land generally is, on
its face, a violation of the principle that land rent belongs to the
public. The rent is not collected; it is forgiven. It remains in private
hands.
Defenders of exemptions do not permit the case to be closed so
summarily, however. The exemptions, it is argued, are given only to
certain "non-profit" or "welfare" organisations
which perform "public" services. The rent they keep is
therefore devoted to "a public use." In this view, the
exemption does not violate principle after all, but constitutes, along
with the leasing and taxing, a third alternative for socialising rent.
If it is determined that certain welfare organisations are indeed
performing public services and deserve the support of public money, tax
exemption is not the only way to provide it. Direct subsidies could be
given. Direct subsidies, being known in amount and subject to
reconsideration every year by the same elected representatives who are
responsible for the public budget, would be subject to the established
controls. The annual reconsideration of existing exemptions is no more
than a tedious formality which weighs neither the value of the service
performed nor the value of the land exempted. Exemptions is not
expenditure. It is non-collection. It is private retention of rent
unaccounted for.
In the USA many state constitutions allow land to be held tax-exempt by
certain types of welfare organisation to whom appropriations of public
money are, as a matter of policy, denied. Here is a profligate
settlement. The smaller privilege of controlled appropriations is
denied. The greater privilege, uncontrolled retention of ground rent, is
permitted. The inconsistency stems from the habit of seeing all taxes as
invasions of a sphere that is rightfully private. The exemption of land
from taxation is not seen for what it is - the denial of a common right.
Taxes are looked upon as a necessary evil from which, if it were only
possible, all should be relieved, and from which we can at least relieve
those deemed worthiest.
It would make as much sense to relieve such welfare organisations of
their municipal water bills. Taxes upon land are not invasions but dues.
They should be collected with the same firmness a municipal water
department shows to its customers. If a desperate, deserving water
customer cannot pay his bill, he turns not to the water department for
exemption, but to the welfare department for a grant-in-aid. Land taxes
should be levied with the same inflexibility.
The familiar evils that result from exempting all land from taxation
are visible when some land is exempted. Consider land speculation, for
example. Exempt interests are placed in a particularly favourable
position to speculate in land values, since they are not even subject to
the small taxes other land speculators must pay. Many a welfare
organisation, faced with the question whether or not to move from land
that is unnecessarily valuable, postpone the move in anticipation of
getting a higher price later. Were they subject to taxation the same as
other landholders, the annual tax bill would promote better use or
surrender of the land to someone who could use it better.
The same kind of inequality that results when land generally is
relieved of its financial obligations exists on a proportionate scale
when certain lands are tax-exempt. One welfare body may occupy extremely
valuable land in a growing business district; another may be in a poor
residential neighbourhood. Tax exemption may be of immensely greater
benefit to the one in the growing business district, yet the
organisation in the poor residential neighbourhood may be better located
for performing its service. A third welfare body, possibly more useful
than either of the other two, may be a non-landholding tenant, and
therefore incapable of benefiting from tax exemption. A marginal
business which, by strictly objective standards, may be of greater
public service than any of the nonprofit welfare organisations, is also
excluded from the exemption privilege.
Or consider the snoopy regulations, the red tape and paper work
necessarily involved in land-tax exemptions, as in any other form of
special privilege. When certain land uses involve the privilege of
holding land tax-exempt, definitions of that use must be established,
applications and reports must be devised to make sure that use is
continued, and borderline cases must be resolved. Privilege and
regulation inevitably go together. The exemption privilege also involves
the possibility, realised in more than one modern nation, that
tax-exempt interests will acquire large areas of valuable land. Whatever
their intentions, whatever the sentiments in their favour, these
interests, because of their privilege, stand separate from the common
man, vulnerable to the claims of equal justice.
Where land and buildings are taxed together, they are generally
exempted together. The proper solution, of course, is to exempt the
building and tax the land. If a choice is to be made between taxing both
or exempting both, taxation has two advantages: (1) It avoids the worse
alternative of a non-property tax which does not fall at all upon land
as such, (2) It enlists welfare bodies in the drive to untax buildings.
Exemption of both their land and buildings places welfare bodies in a
position where they stand to lose rather than gain from the advent of
sound taxation. This is not the way to win allies.
The underlying sentiments which today favour land-tax exemptions are
two: (1) Partiality to an exempt interest, (2) Distrust of democratic
government; private welfare organisations are felt to perform public
functions more effectively than publicly elected representatives.
As to the second, two points must be made: (l) Government efficiency is
related to the source of public revenue. Direct taxes on land promote
efficiency. (2) Surrender of the public revenue to private welfare
bodies amounts to abandonment of common rights to land. The rent fund is
no longer administered by delegated representatives, but by a select
aristocracy. We must choose between representative government and
unequal rights to land. There is no third position.
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