Simplify and lower taxes
Release Date: 01/20/99


Taxes that are too high and a system that is ridiculously complex stand in the way of small business growth.

1. Sunset the current tax code.
The Problems for Small Business: Small business owners are overwhelmed by a tax code that is complex, confusing and biased against them. Taxes are too high, and the code itself is so complicated and cumbersome, it is beyond repair. The Legislative Solution: The time for tinkering with the current code is over. The time to set a sunset date and develop a new code -- a fairer, simpler code that rewards work and encourages savings -- is here.

2. Repeal the death tax.
The Problems for Small Business: The death tax, or "estate tax," does not only affect the wealthiest Americans. The death tax creates a disincentive to expand a business, create jobs, and often, literally taxes the family businesses right out of the family. Nearly 60 percent of business owners say they would add more jobs over the coming years if death taxes were eliminated. The Legislative Solution: Repeal the death tax.

3. Save Social Security by creating personal retirement accounts (PRAs).
The Problems for Small Business: Small business owners, like all Americans, are concerned about the future of Social Security. Their perspective on the issue is unique, because they view the issue from the standpoint of a future retiree and from the standpoint of an employer paying payroll taxes. The Legislative Solution: NFIB advocates four principles to ensure Social Security reform is fair to small business:

Payroll taxes must not be increased. Social Security reform should be seen as an opportunity to reduce, rather than increase, paperwork burdens. Social Security should continue its commitment to provide benefits to retired workers. Individually controlled personal retirement accounts (PRAs) should be part of Social Security reform.

4. Cut payroll taxes and return the unemployment system to the states. The Problems for Small Business: While unemployment insurance is essentially a state level program, small businesses are hit with a double whammy because unemployment taxes are collected at both the state and federal levels. The federal tax pays for the program's administration, and the state tax pays for the actual benefits. This is an inefficient system that rests its tax burden on employers and helps make payroll taxes the highest of all the taxes that small business pays. The Legislative Solution: Get the Washington bureaucracy out of the way, return the unemployment insurance system to the states and streamline the process. This will open the door for states to both cut payroll taxes and administrative costs of the program.

Make health care more accessible

The cost of health insurance has been the No. 1 concern of NFIB members for more than a decade.

5. Oppose health care mandates.
The Problems for Small Business: Mandating benefits increases the cost of health insurance, and these higher premiums can force small employers to drop coverage. Mandates not only take away the freedom of employers and employees to choose the benefit package that best meets their needs, they lead to an increase in the number of uninsured Americans ... that is not real health care reform. The Legislative Solution: Stop mandating health care benefits at the federal level.

6. Allow small businesses to band together to purchase health insurance.
The Problems for Small Business: Due to economies of scale and the dynamics of insurance risk pools, health insurance is much higher, per employee, for small business than it is for large companies. This bias is exacerbated by the fact that small businesses that offer health benefits must comply with costly state and federal mandates, while the large companies that self-insure are exempt from those mandates. The Legislative Solution: NFIB wants to level the playing field in the purchase of health insurance benefits by allowing small businesses to band together, across state lines, to create purchasing groups. This will allow small firms to enjoy the benefits of economies of scale and give them the same opportunity enjoyed by self-insuring big businesses that are exempt from costly state and federal mandates.

7. Help individuals who buy their own health insurance.
The Problems for Small Business: The tax treatment of health insurance is at the root of our employer-based system. Employers are permitted to deduct the cost of health care premiums for their employees while individuals who purchase their own health care cannot. The Legislative Solution: Change the tax law to allow all individuals who purchase their own health insurance to deduct 100 percent of the cost.

Ease the burden of excessive regulations

The regulatory system must recognize that small business is not the same as big business. NFIB's Small Business Growth Agenda seeks to set small business apart from the regulatory maze, freeing up entrepreneurs so they can do what they do best: create jobs.

8. Reform outdated workplace safety rules.
The Problems for Small Business: Many of today's workplace safety rules were established during an era when large companies dominated the workforce. Today's working environment is vastly different. Eighty-five percent of businesses in America have six or fewer employees, and of those six, 2.4 are members of the business owner's family. Of course, today's employers want a safe environment: they want to protect their families. Furthermore, one-size-fits-all regulations, which treat small business like big business, are disproportionately cumbersome and expensive for smaller firms. The Legislative Solution: Review and repeal outdated workplace safety rules.

9. Make regulations less costly to small business.
The Problems for Small Business: The per employee regulatory cost to small firms is approximately 50 percent more than the cost to large firms. It is unfair and illogical that small businesses employ 53 percent of the work force, but shoulder 63 percent of the total business regulatory costs. The Legislative Solution: Federal agencies should be required to comply with current laws designed to cut red tape for small business.

10. Oppose minimum wage increase.
The Problems for Small Business: Once again lawmakers are pushing for an increase in the minimum wage from the current $5.15 an hour. A recent proposal would increase the minimum wage by $.50 an hour for three years, bringing it to $6.65 an hour, then indexing it to inflation forever. The Legislative Solution: Defeat any increase or indexing of the minimum wage.

11. Oppose expansion of Family and Medical Leave Act (FMLA).
The Problems for Small Business: Lawmakers are proposing legislation to expand the current FMLA by requiring employers to give employees up to 24 hours a year of unpaid leave for their children's school activities and routine medical appointments. Attempts are also under way to eliminate or lower the current 50-employee small business exemption from the FMLA. The Legislative Solution: Expansion of family leave must be defeated because government mandates dictate benefits taking away small employers' and employees' freedom to negotiate benefit packages.

12. Oppose unfunded mandates on the private sector.
The Problems for Small Business: Government mandates have very real costs and, all too often, small business owners are feeling the squeeze. While the Unfunded Mandates Reform Act, signed into law in 1995, protects the public sector from the costs of mandates, the private sector has yet to enjoy the same protection. The Legislative Solution: The Mandate Information Act should be passed and enacted. This bill will be one of the first items of business for the 106th Congress. It addresses the problem of unfunded mandates on the private sector by directing the Congressional Budget Office to arm Congress with the financial information needed to carefully weigh the impact of proposed legislation on small businesses and their employees.

Curb frivolous lawsuits

Frivolous lawsuits and out-of-control, lottery-sized damage awards characterize our system today -- a very expensive system that too often drives small businesses out of business.

13. Limit financial damages for lawsuits.
The Problems for Small Business: Small business owners face rising costs for liability insurance and the crippling cost of defending themselves should they be named in a suit. Innocent or not, defending oneself is costly; the estimated cost for a business owner's defense in the average lawsuit is $100,000. Considering that the salary of a typical small business owner is only $40,000-$50,000, it's easy to see that just one frivolous suit can put a small firm out of business. The Legislative Solution: Non-economic damages (punitive damages and pain and suffering) in civil suits ought to be capped at fair, reasonable levels.

14. Get small businesses out of the Superfund quagmire.
The Problems for Small Business: Superfund, the 1980 law that was intended to pay for the cleanup of the nation's hazardous waste sites, has turned into a bonanza for lawyers and a nightmare for small business. Since the liability structure of Superfund encourages excessive litigation, small business owners can be dragged into expensive legal battles when they have only contributed household garbage or a minute fraction of the site's waste. The Legislative Solution: Change Superfund to remove most small businesses from unfair litigation and provide those small businesses that remain in Superfund disputes with an equitable settlement process.

CONTACT: Angela Jones at 202.554.9000


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