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Federal Document Clearing House Congressional Testimony

September 26, 2000, Tuesday

SECTION: CAPITOL HILL HEARING TESTIMONY

LENGTH: 8560 words

COMMITTEE: HOUSE WAYS AND MEANS

HEADLINE: TESTIMONY TAX CODE AND THE HIGH-TECH ECONOMY

TESTIMONY-BY: JOSEPH MIKRUT , TREASURY TAX LEGISLATIVE COUNSEL JOSEPH MIKRUT

BODY:
September 26, 2000 TREASURY TAX LEGISLATIVE COUNSEL J00MUZUKRUT TESTIMONY BEFORE THE HOUSE WAYS AND MEANS SUBCOMMITTEE ON OVERSIGHT Mr. Chairman, W. Coyne, and distinguished Members of the Subcommittee: Thank you for giving me the opportunity to discuss with you today the tax rules governing depreciation, research and experimentation, and workforce training in the context of the "new economy." Over the past 20 years, the U.S. economy has changed significantly. New industries have emerged, such as cellular communications and the Internet, and the use of computers has revolutionized production techniques and improved efficiency in more traditional industries, such as manufacturing. In many industries these developments have increased the demand for more highly-skilled workers who are more productive and better able to adapt to the requirements of technological advances. In addition, access to computers and the Internet has increased significantly, creating opportunities to participate in the new digital economy. In view of these economic changes, this hearing appropriately focuses on whether Federal tax laws are keeping pace with the new economy. My comments today will focus on the results of the Treasury Department's recent analysis of cost recovery provisions in Report to the Congress on Depreciation Recovery Periods and Methods. I will also review the tax treatment of research and experimentation expenses and the tax treatment of the cost of maintaining a skilled workforce. The Administration recognizes the importance of the research credit for encouraging technological development and has supported its extension. The Administration's FY 2001 Budget includes proposals that would encourage individuals and businesses to undertake more education and training. In addition, the Administration recognizes the need to ensure that residents of inner cities and less affluent rural communities have full access to the opportunities that symbolize the promise of the new economy. In that regard, the Budget includes several proposals that will help bridge the digital divide. The Treasury Depreciation Study The Tax and Trade Relief Extension Act of 1998 directed the Secretary of the Treasury to conduct a comprehensive study of the recovery periods and depreciation methods under section 168 of the Internal Revenue Code, and to provide recommendations for determining those periods and methods in a more rational manner. The explanation of the directive in the 1998 Act indicates that the Congress was concerned that the present depreciation rules may measure income improperly, thereby creating competitive disadvantages and an inefficient allocation of investment capital. The Congress believed that the rules should be examined to determine if improvements could be made. In developing its study, the Treasury Department solicited and received comments from numerous interested parties. In July, 2000 the Treasury Department issued its Report to the Congress on Depreciation Recovery Periods and Methods. The Report emphasizes that an analysis of the, current U.S. depreciation system involves several issues, including those relating to proper income measurement, savings and investment incentives, and administrability of the tax system. The history of the U.S. tax depreciation system has shown that provisions intended to achieve certain of these goals (for example, attempting to measure income accurately by basing depreciation on facts and circumstances) may come at the cost of other worthwhile goals (for example, reducing compliance and raising administrative burdens). Accordingly, the Report identifies issues relating to the design of a workable and relatively efficient depreciation system, and reviews options for possible improvements to the current system with these competing goals in mind. Resolution of the issue of how well the current recovery periods and methods reflect useful lives and economic depreciation rates would involve detailed empirical studies and years of analysis. The data required for this analysis would be costly and difficult to obtain. Thus, the Report does not contain legislative recommendations concerning specific recovery periods or depreciation methods. Rather, the Report is intended to serve as a starting point for a public discussion of possible general improvements to the U.S. cost recovery system. We look forward to working with the tax-writing Committees in this important endeavor. Current Law The Internal Revenue Code allows, as a current expense, a depreciation deduction that represents a "reasonable allowance for the exhaustion, wear and tear (including a reasonable allowance for obsolescence) -(I) of property used in a trade or business, or (2) of property held for the production of income. " Since 198 1, the depreciation deduction for most tangible property has been determined under rules specified in section 168 of the Code. The Modified Accelerated Cost Recovery System, or MACRS, specified under section 168 applies to most new investment in tangible property. MACRS tax depreciation allowances are computed by determining a recovery period and an applicable recovery method for each asset. The recovery period establishes the length of time over which capital costs are to be recovered, while the recovery method establishes how capital costs are to be allocated over that time period. All tax depreciation is based on the original, historical cost of the asset and is not indexed for inflation. The tax code assigns equipment (and certain non-building real property) to one of seven recovery periods that range in length from three years to 25 years. This assignment typically is based on the investment's class life. Class lives for most assets are listed in Rev. Proc. 87-56; others are designated by statute. Generally, assets with longer class lives are assigned longer recovery periods. For equipment, the MACRS recovery period depends either on the type of asset or the employing industry. Certain assets, such as computers, office furniture, and cars and trucks are assigned the same recovery period in all industries. To a large extent, however, the current depreciation system is industry based rather than asset based, so that assets are assigned recovery periods determined by the employing industry. The applicable method of depreciation depends on the asset's recovery period. Assets with a recovery period of three, five, seven or ten years generally use the double declining balance method. Assets with a fifteen or a twenty-year recovery period generally use the 150 percent declining balance method. Assets with a twenty-five year recovery period use the straight-line method. Non-residential buildings generally are depreciated over a 39- year recovery period using the straight-line method. Nonresidential buildings include commercial buildings, such as office buildings and shopping malls, as well as industrial buildings such as factories. Residential buildings (e.g., apartment complexes) are depreciated over a 27.5-year period using the straight- line method. The recovery period for buildings is the same regardless of industry. For tax purposes, a building includes all of its structural components. The cost of these components is not recovered separately from the building; rather these costs are recovered using the life and method appropriate for the building as a whole. Principal Issues and Findings Based on available estimates of economic depreciation, cost recovery allowances for .most assets are more generous at current inflation rates, on average, than those implied by economic depreciation. This conclusion, however, is based on estimates of economic depreciation that may be dated. The findings are discussed more fully in the Report. The relationship between tax and economic depreciation changes with the rate of inflation because current law depreciation allowances are not indexed for inflation. Furthermore, the relationship between tax depreciation and economic depreciation varies substantially among assets. In general, accelerated cost recovery allowances generate relatively low tax costs for investments in equipment, public utility property and intangibles, while decelerated cost recovery allowances generate high tax costs for investments in other nonresidential buildings. These differences in tax costs, standing alone, may distort investment decisions, discouraging investment in projects with high-tax costs, even though they may earn higher pre-tax returns. The current depreciation system is dated. The asset class lives that serve as the primary basis for the assignment of recovery periods have remained largely unchanged since 198 1, and most class lives date back at least to 1962. Entirely new industries have developed in the interim, and manufacturing processes in traditional industries have changed. These developments are not reflected in the current cost recovery system, which does not provide for updating depreciation rules to reflect new assets, new activities, and new production technologies. As a consequence, income may be mismeasured for these assets, relative to the measurement of the income generated by properly classified assets. However, this does not mean that depreciation allowances for assets used in newer industries or for new types of assets in older industries are necessarily more mismeasured than other assets. Current class lives have been assigned to property over a period of decades, under a number of different depreciation regimes serving dissimilar purposes, and with changed definitions of class lives. The ambiguous meaning of certain current class lives contributes to administrative problems and taxpayer controversies. The current system also makes difficult the rational inclusion of new assets and activities into the system, and inhibits rational changes in class lives for existing categories of investments. Policy Options The replacement of the existing tax depreciation structure with a system more closely related to economic depreciation is sometimes advocated as the ideal reform. While perhaps theoretically desirable, such a reform faces serious practical problems. An approach based on empirical estimates of economic depreciation is hampered by inexact and dated estimates of economic depreciation, and by measurement problems that will plague new estimates. Economic depreciation also requires indexing allowances for inflation. Indexing raises several concerns, because it would be complex and may lead to undesirable tax shelter activity. Another concern is its revenue cost; indexing could be expensive at high inflation rates. Because of other inefficiencies in the tax code, it is unclear that switching to a system based on economic depreciation would necessarily improve investment decisions. Switching to economic depreciation could exacerbate some tax distortions at the same time that it alleviated others. At current inflation rates, switching to economic depreciation would raise the tax cost of most business investment. Thus, it would reduce overall incentives to save and invest. However, because current depreciation allowances are not indexed for inflation, at higher inflation rates switching to economic depreciation would prornote both lower and more uniform taxes on capital income. Comprehensively updating and rationalizing the existing asset classification system would address several income measurement and administrative problems. For example, it would allow the proper classification of new assets and assets that have changed significantly. Comprehensive reform of MACRS recovery periods and methods would be possible once the class-life system has been rationalized. These changes might move the system closer to one based on economic depreciation, or perhaps provide a more uniform investment incentive. A systematic overhaul, however, would be an ambitious project. It would involve a significant (and costly) effort to collect and analyze data in order to determine the class lives of new and existing assets and activities. This would place a large burden on taxpayers required to provide these data. It also may require granting Treasury the resources and the authority to change class lives. Less comprehensive changes could improve the functioning of the current depreciation system. These changes might address narrower issues, such as the determination of the appropriate recovery period for real estate, the possible recognition of losses on the retirement of building components, or the reduction of MACRS recovery period cliffs and plateaus. These and other issues are discussed in more detail in the Report. For many industries, technological obsolescence may be a more important factor in determining asset depreciation than physical wear and tear. The decline in value of certain assets may be associated with the introduction of newer, more technologically superior assets that may cause a rapid disposition of assets of earlier vintage. Moreover, with increased computerization, technological changes may be occurring more frequently than in the past. In such circumstances the determination of appropriate tax depreciation may raise the concern that current recovery periods do not adequately reflect the rapid decline in value due to more frequent replacement or to other factors. In particular, the development of computers and the integration of computers into the production process raises the concern that the current recovery period is too long for computers and for production equipment that increasingly relies on computer technology. Current law creates a distinction between stand-alone computers and computers used as an integrated part of technology. Stand- alone computers are given a five-year recovery period. Computers used as an integral part of other equipment are depreciated on a composite basis as part of the underlying asset. Consequently, their costs generally are recovered over 5, 7, 1 0 or more years. Some commentators have suggested that, at least in their initial applications, computers do not generally last for five years. This suggests rapid obsolescence, which some commentators use to support their argument that the five-year recovery period for computers is too long. However, the useful economic life of a computer does not end with its initial application. We are aware of no careful empirical study that clearly substantiates the claim that computers have a sufficiently short useful economic life to merit a shorter recovery period. Some industry representatives also argue that computerized equipment may be depreciated over too long a recovery period. Most class lives for equipment pre-date the computer revolution. Thus, the class lives may fail to reflect the relatively large cost share currently accounted for by relatively short-lived computer components. A possible solution to this problem would be to depreciate assets that encompass integrated circuits or "computers" using the same 5-year recovery period available to stand-alone computers. While eliminating the tax distinction between integrated and stand-alone computers has merit, it also raises two serious concerns. First, integrated circuits are widely used. Consequently, depreciating over the same 5- year period all equipment that contains a computer would effectively restore ACRS in that virtually all equipment would receive the same (short) depreciation write-off. Such a depreciation system would not be neutral if, in fact, the equipment has different economic lives- it would favor those industries whose equipment lasts longer than 5 years. Second, restricting the 5-year recovery period to the cost component represented by computer technology would raise difficult problems in tax administration. Separating the cost of the integrated computer from the cost of remainder of the property would be very difficult. Another issue arises out of the general difficulty the current system has in establishing and modifying class lives. Because establishing and changing class lives and recovery periods generally requires Congressional action, it has proven difficult to keep the tax depreciation system current. One possible solution would give Treasury the authority to establish and modify class lives. To be effective, Treasury also would need the additional authority to require taxpayers to collect, maintain, and submit the data necessary to measure economic depreciation or useful economic lives. The collection, maintenance and provision of these data, however, would impose a heavy cost on taxpayers, and the data's analysis would require significant Treasury resources. In addition, a piecemeal approach to modifying class lives may not improve overall neutrality, because depreciation rules would be established or modified only for a subset of assets. Tax Treatment of Research and Experimentation Technological development is an important component of economic growth and our ability to compete in the global marketplace. However, firms may underinvest in research because it is difficult to capture the full benefits from their research and to prevent their costly scientific and technological advances from being copied by competitors. Because other firms and society at large frequently benefit from the spillover of research conducted by individual firms, the private return to research often is' lower than the total return. In this situation, government action can improve the allocation of resources by increasing research activity. The tax rules provide a number of incentives for research and experimentation. To encourage taxpayers to undertake research, and to simplify the administration of the tax laws, special flexible tax accounting rules are provided for investments in the research and experimentation. This treatment may be applied to the costs of wages and supplies incurred directly by a taxpayer, to contract research expenses for research undertaken on behalf of a taxpayer by another, and to cost sharing research expenses resulting from technology sharing arrangements with related foreign parties. Taxpayers may elect to deduct currently the amount of research and experimental expenditures incurred in connection with a trade or business, notwithstanding the general rule that business expenses to develop or create an asset with a useful life extending beyond the current year must be capitalized. Expensing of research and experimentation expenditures provides a tax incentive for such activities and is simple. To encourage investments by start-up companies in research, this election to deduct research expenses may be applied prior to the time a taxpayer becomes actively engaged in a trade or business. Under these rules, taxpayers have the option to elect to defer and amortize research and experimental expenditures over five years, and this election may be applied for all of a taxpayer's research expenses or on a project by project basis. Pursuant to a long- standing revenue procedure, the tax accounting rules applicable to research and experimental expenditures also extend to software development costs. As a further inducement to the conduct of research, a special five-year depreciation life is provided for tangible personal property used in connection with research and experimentation. The research credit fosters new technology by encouraging private- sector investment in research that can help improve U.S. productivity and economic competitiveness. For that reason, the Administration has supported an extension of the research credit. Under present law, the research credit is equal to 20 percent of the amount by which a taxpayer's qualified research expenditures exceed a base amount. The base amount for the taxable year is computed by multiplying a taxpayer's "fixed-base percentage" by the average amount of the taxpayer's gross receipts for the four preceding years. Except in the case of certain start-up firms, the taxpayer's fixed-base percentage generally is the ratio of its total qualified research expenditures for 1984 through 1988 to its gross receipts for those years. The base amount cannot be less than 50 percent of the qualified research expenses for the year. Taxpayers are allowed to elect an alternative research credit regime. Taxpayers that elect this regime are assigned a three- tiered fixed base percentage (that is lower than that under the regular research credit) and a lower credit rate. A credit rate of 2.65 percent applies to the extent that a taxpayer's research expenses exceed a base amount computed using a fixed-base percentage of I percent but do not exceed a base amount computed using a fixed-base percentage of 1.5 percent. A credit rate of 3.2 percent applies to the extent that a taxpayer's research expenses exceed a base amount computed using a fixed-base percentage of 1.5 percent but do not exceed a base amount computed using a fixed-base percentage of 2.0 percent. A credit rate of 3.75 percent applies to the extent that a taxpayer's research expenses exceed a base amount computed using a fixed- base percentage of 2.0 percent. Qualified research expenditures consist of "in house" expenses of the taxpayer for research wages and supplies used in research, and 65 percent of amounts paid by the taxpayer for contract research conducted on the taxpayer's behalf (75 percent for amounts paid to research consortia). Certain types of research are specifically excluded, such as research conducted outside the United States, research in the social sciences, arts, or humanities, and research funded by another person or governmental entity. A 20-percent research credit also is allowed for corporate expenditures for basic research conducted by universities and certain nonprofit scientific research organizations to the extent that those amounts exceed the greater of two prescribed floor amounts plus an amount reflecting any decrease in non-research donations. The deduction for research expenses is reduced by the amount of research credit claimed by the taxpayer for the taxable year. The credit is scheduled to expire on June 30, 2004. Tax Treatment of the Cost of Maintaining a Skilled Workforce The skill of America's labor force is crucial to maintaining the U.S. role in the world economy. Well-educated workers are essential to an economy experiencing technological change and facing global competition. Not only are better-educated workers more productive, they are more adaptable to the changing demands of new technologies. A highly skilled labor force makes possible technological change and its spread throughout the economy. Current tax law encourages employers to invest in worker training and individuals to invest in their own skills. Administration proposals would create additional incentives. Under present law, employers deduct from current income the costs of training and educating their workers, whether the expenses are paid to third-party providers or to the firms' own employees who provide formal or informal training. Education and training is deductible either as a necessary business expense (section 162) if it is related to the employee's current job position, or as employee compensation if it is unrelated. Although education and training often contributes to a worker's human capital and provides both the individual and the firm a return for years to come, such expenses generally are deducted currently rather than capitalized and depreciated over time as the benefit is produced. This expensing of education and training treats investment in human capital more generously than most investments in physical capital, which generally are capitalized and depreciated over time. An investment in human capital would therefore be more attractive after-tax than an investment in physical capital which produced the same pre-tax return. For workers, employer-provided education and training is excluded from their taxable income,andisthereforetax- free,ifitmaintainsorimprovestheirskillsfortheircurrentjobs. Even if it does not relate to their current jobs, the cost of education (but not graduate-level courses) up to $5,250 per year provided by an employer under a section 127 education plan may be excluded from workers' taxable earnings. Educational expenses paid by an employer outside of a section 127 plan are included in the employee's gross income if the education (1) relates to certain minimum educational requirements, (2) enables the employee to work in a new trade or business, or (3) is unrelated to the current job altogether. Section 127, which is scheduled to expire for courses beginning after December 31, 2001 lowers the cost to the employee of education and training (relative to paying for it out of after-tax income) and thereby encourages the worker to undertake more investment in human capital. Education and training expenses incurred by a student (or by a family on his/her behalf) generally are not provided special tax treatment. However, an employee's education expenses needed to maintain or improve a skill required for the taxpayer's current job and not reimbursed by an employer are deductible to the extent that the expenses, along with other miscellaneous deductions, exceed two percent of the taxpayer's adjusted gross income. In addition, individuals may claim a nonrefundable Hope Scholarship credit of up to $1,500 per eligible student for qualified tuition and related expenses incurred during the first two years of post-secondary education. Finally, taxpayers may claim a nonrefundable Lifetime Learning credit for post- secondary or graduate education tuition and related expenses, up to a maximum credit of $ 1, 000 per family ($2,000 after 2002). These education credits phase out for certain higher-income taxpayers. The Administration's Budget for FY 2001 includes several proposals to further encourage individuals and employers to undertake more education and training. (1)The College Opportunity Tax Cut would expand the current-law Lifetime Learning credit by increasing the credit rate (from 20 percent to 28 percent) and by raising the income range over which the credit would be phased out (by $10,000 for singles and by $20,000 for joint returns). It would also allow taxpayers to elect to take an above-the-line deduction for qualified tuition and expenses in lieu of the Lifetime Learning credit. By lowering the after- tax cost of post-secondary education, the College Opportunity Tax Cut would encourage families and workers to invest in the training and education they most need to prepare for and keep up with the demands of the new economy. (2)The Administration would expand the section 127 exclusion for employer-provided education to include graduate courses beginning after July 1, 2000 and before January 1, 2002. As the economy becomes more technologically advanced, cutting-edge skills and information necessary for continued growth are increasingly disseminated in graduate-level courses. Graduate education is an important contributor to the human capital of the labor force. The Administration also wishes to continue working with Congress to extend section 127 for both undergraduate and graduate courses beginning after 200 1. (3)The Administration has proposed a tax credit for employer- provided education programs in workplace literacy and basic computer skills. This would allow employers who provide certain workplace literacy, English literacy, basic education and basic computer training programs to educationally needy employees to claim a 20-percent credit, up to a maximum of $1,050 per participating employee per year. With the increasing technological level of the workplace of the 2 1 " century, workers with low levels of education will fall farther behind their more educated co-workers and run greater risks of unemployment. Lower-skilled workers are less likely to undertake needed education themselves, and employers may hesitate to provide general education because the benefits of basic skills and literacy education are more difficult for employers to capture than the benefits of job-specific education. The proposed credit will serve those most in need of help in getting on the first rung of the technological ladder. The Administration strongly supports these three proposals as part of its overall efforts to maintain and enhance the skill of the workforce. These proposals would encourage investment in human capital so that workers, wherever they fall on the education spectrum and wherever they are in their working years, can obtain and hone the skills necessary for the economy now and in the future. Tax Proposals to Bridge the Digital Divide Access to computers and the Internet and the ability to use this technology effectively are becoming increasingly important for full participation in America's economic, political, and social life. Unfortunately, unequal access to technology by income, educational level, race, and geography could deepen and reinforce the divisions that exist within American Society. The Administration believes that we must make access to computers and the Internet as universal as the telephone is today - in our schools, libraries, communities, and homes. In recognition of the importance of technology in the new economy, the President's FY 2001 Budget includes a series of tax incentives to ensure that residents of disadvantaged communities are able to develop the skills that will be essential for labor market success in the coming years. This initiative, to help "bridge the digital divide," consists of three components. The first initiative, discussed above, is a credit to employers who provide training in literacy, basic education, and basic computer skills to educationally disadvantaged workers. The second measure, designed to encourage corporate donations of computer equipment, builds upon and extends a similar provision of the Taxpayer Relief Act of 1997. Under the 1997 legislation, a taxpayer is allowed an enhanced deduction, equal to the taxpayer's basis in the donated property plus one-half of the amount of ordinary income that would have been realized if the property had been sold. This enhanced deduction, limited to twice the taxpayer's basis, was made available to donors for a limited three-year period. Without this provision, the deduction for charitable contributions of such property is generally limited to the lesser of the taxpayer's cost basis or the fair market value. To qualify for the enhanced deduction, the contribution must be made to an elementary or secondary school. The Administration proposal would extend this special treatment through 2004, as well as expand the provision to apply to contributions of computer equipment to a public library or community technology center located in a disadvantaged community. The third component is a 50 percent tax credit for corporate sponsorship payments made to a qualified zone academy, public library, or community technology center located in an Empowerment Zone or Enterprise Community. The proposed tax credit would provide a substantial incentive that would encourage corporations to sponsor such institutions. Up to $16 million in corporate sponsorship payments could be designated as eligible for the 50 percent credit in each of the existing 31 Empowerment Zones (and each of the 10 additional Empowerment Zones proposed in the Administration's FY 2001 Budget). In addition, up to $4 million of sponsorship payments would be eligible for the credit in each Enterprise Community. This credit could induce over $1 billion in sponsorship payments to schools, libraries and technology centers, providing innovative educational programs to disadvantaged communities. The proposed initiatives for employer-provided education programs in workplace literacy and basic computer skills, corporate sponsorship of qualified zone academies and technology centers, and corporate donations of computers will help bridge the digital divide. This proposal will help to ensure that low-skilled workers receive the training they need to improve their job skills, and that disadvantaged communities have access to innovative educational programs and computer technology. Conclusion The Treasury Department's recent depreciation report raised issues that would need to be addressed in modifying the present cost recovery system and provided possible options for modifications in the system. We intended that the report would serve as a starting point for a public discussion of improvements to the cost recovery system. We applaud your efforts, Mr. Chairman, to begin that discussion with this hearing, and look forward to working with the Congress on this matter. The Administration supports the extension of the research tax credit. The Administration recognizes the importance of technology to our national ability to compete in the global marketplace, and the research credit fosters new technology. The credit provides incentive for private-sector investment in research and innovation that can help improve U.S. productivity and economic competitiveness. The Administration proposals for education and training - the College Opportunity Tax Cut, the expansion of employer-provided education assistance to include graduate courses, and the new tax credit for workplace literacy and basic computer skills - can help develop the skills necessary for the economy of the 2l"century. The additional proposed initiatives to address the digital divide - the enhanced deduction for corporate donations of computers and the credit for corporate sponsorship payments to qualified zone academies and technology centers - will help to ensure that low-income communities have access to innovative educational programs and computer technology. This concludes my prepared remarks. I would be pleased to respond to your questions.

LOAD-DATE: September 28, 2000, Thursday




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