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Economic & Fiscal Policy
Work & Incomes

PPI | Briefing | June 1, 1995
GOP Cuts in the EITC
Raising Taxes on the Working Poor

By M. Jeff Hamond and Lyn A. Hogan

The earned-income tax credit (EITC) is one of the most successful social policies of the last two decades. President Clinton's five-year, $21 billion expansion of the EITC in 1993, based on proposals from the Progressive Policy Institute (PPI), represents his greatest social policy accomplishment and provides the foundation for any serious welfare reform.1 The expanded credit will help 1.4 million families- including close to 3 million children-escape poverty by 1996.2

Yet the EITC is a target for cuts as the Republican-controlled Senate attempts to balance the budget by the year 2002. Despite the GOP's strong past support for the EITC, some Republicans now charge that the program is too costly, ineffective, and rife with fraud. The evidence shows that these charges are exaggerated or plainly incorrect, and it is time to set the record straight. If conservatives are serious about promoting work by low-income families and ensuring that full-time workers escape poverty- prerequisites for successful welfare reform-they will help preserve this program.

PURPOSE OF THE EITC. The EITC's fundamental purpose is to "make work pay," by supplementing the earnings of those working for poverty-level wages. As opposed to less well-targeted approaches such as the minimum wage, the EITC benefits only those below a certain income level-and the vast majority of working families with children that are poor or near-poor. When the 1993 reforms are fully implemented next year, the EITC will bring the income of a family of four with a full- time, year-round worker at least up to the poverty line, taking into account the value of the family's food stamps and the burden of its payroll taxes.

The program accomplishes this goal by matching each dollar earned with a refundable tax credit of between 7.65 cents and 40 cents, depending on family size, until an income ceiling is reached. For a family with two or more children, the refundable credit reaches a maximum level of $3,370 when a worker earns $8,425, remains at that level through earnings of $11,000, and then gradually declines to zero when earnings reach $27,000.3 The size of the credit varies according to family size since the poverty level varies with family size.

The EITC embodies both progressive and conservative values by: (1) rewarding those who work, rather than those who live on public assistance; (2) targeting the greatest benefits to those with the greatest need; (3) offsetting the tax burden on families struggling to make ends meet; (4) providing incentives for people to enter the workforce who otherwise might not do so; and (5) achieving these ends with virtually no government bureaucracy. Moreover, the EITC supports the private market, rather than interfering with it. In fact, it is the only program specifically designed to help poor people who choose to work.

PPI's first policy report, published in June 1989,4 analyzed the EITC and the minimum wage as alternative strategies for helping working poor families. Raising the minimum wage, it was found, would help mainly second and third workers in middle- income families, ignore poor workers who are self- employed, and be financed through higher prices on everyone, including poor people. By contrast, a redesigned EITC could be targeted exclusively to lower-income people, cover all the working poor, and be financed through the progressive income tax. Having established the superior value of the EITC, it is now troubling to see such a sensible program come under such thoughtless attack.

Opponents have leveled the following criticisms of the program, all misleading or inaccurate:

  • Criticism #1: The program's sharply rising costs have created another "out-of-control entitlement" that needs to be reigned in.

  • Criticism #2: The credit is poorly targeted: It assists only a small minority of Americans below the poverty line, while simultaneously helping many who are not poor.

  • Criticism #3: The program is subject to unacceptably high rates of fraud.

  • Criticism #4: On balance, it discourages work because so many recipients qualify in the phase-out range of the credit.

  • Criticism #5: The program discourages marriage, because low-income couples who marry face sharp cuts in their total benefits.

    We will demonstrate why none of these criticisms is well-founded.

    RISING COSTS. The total costs of the EITC have grown significantly-from $6.9 billion in 1990 to a projected $24.6 billion in 1996. Sens. Don Nickles (R-OK) and Judd Gregg (R-NH) have criticized this aspect of the EITC, arguing that cuts the program are justified because Congress must "restrain its unsustainable rates of growth." This contrasts sharply with past GOP positions, when EITC expansions were preferred to regular increases in the minimum wage.

    What critics conveniently ignore is that the recent expansions were specifically endorsed by Congress. While growth in the major entitlements (Medicare, Medicaid, and Social Security) is driven by rising health care costs and shifting demographics, the cost of the EITC has grown quickly because Congress has voted to expand its scope and benefits twice in the last five years. Moreover, the purpose it served was clear and compelling: ensuring that families with full-time workers would not live in poverty. In fact, once the 1993 changes are fully phased in next year, the annual program costs will start to decline as a percentage of the gross domestic product (GDP), again in contrast to the major entitlement programs serving the elderly.

    TARGET POPULATION. Republicans have criticized the EITC for reaching only a small minority of poor Americans: Of all families below the poverty line, only about 35 percent are eligible for the EITC.

    This statistic simply reflects the fact that the EITC is designed to target not all poor families, but only low-income working families. By this measure, the program is remarkably successful: Of all families eligible to receive the EITC in 1990, between 80 percent and 86 percent did receive it. The EITC participation rate, therefore, is higher than that for Aid to Families with Dependent Children (AFDC), which reaches 62 percent to 72 percent of eligible families, or food stamps, which reaches 54 percent to 66 percent.5 Furthermore, analysts predict that the participation rate could easily exceed 90 percent when the 1993 reforms are fully implemented.

    WASTE, FRAUD, AND ABUSE. As benefits and participation have expanded, the number of fraudulent claims has also increased. Some GOP senators, most notably William Roth (R-DE) and Nickles, aim to cut the EITC because they claim the program has a fraud rate of 35 percent to 45 percent, thereby costing taxpayers billions of dollars in fraudulent refunds and penalizing honest working families whose earnings do not pull them up to the poverty line.

    Critics have made an important mistake by repeatedly citing this statistic. It is based on a January 1994 study by the Internal Revenue Service (IRS) of returns filed electronically during the first few weeks of the tax filing season, and it is inaccurate and misleading for the following reasons:

  • The 35 percent to 45 percent statistic from that study is an error rate, not a fraud rate. If a worker claimed the credit but was $1 off-either high or low- in the calculations, this was included in the "error" statistic. Many of these unintentional errors are corrected by the IRS and result in no overpayment of credit. The IRS estimates that nearly half of the supposed fraudulent claims were actually unintentional errors of this type.6

  • While the remaining half of the erroneous returns were instances of the EITC being claimed in error, this number also overstates the current fraud rate for several reasons:

    -- The number refers to the percentage of erroneous claims, not the percentage of overpayments. A 20 percent fraud rate, for example, does not mean that $4 billion of a $20 billion program are fraudulent refunds; it means that one-fifth of all families claiming the credit significantly overestimated their refunds.

    -- Some taxpayers who claimed the credit in error, when they do not qualify, may also have done so unintentionally due to the complexity of the tax laws.

    -- Returns filed electronically early in the filing season are widely believed to have higher EITC fraud rates than returns filed overall.7

    -- The study was based on returns for tax year 1993. Since then, the IRS has implemented new procedures to cut down on EITC fraud, such as double-checking the Social Security numbers of all dependents to make sure that each exists and that the same child is not claimed on multiple returns.

    Thus the true fraud rate was never 35 percent to 45 percent; rather, perhaps 20 percent of claims contained error or fraud-and again, this does not mean that 20 percent of all refunds were erroneous or fraudulent. (In fact, an accurate dollar amount of losses due to fraud has not been calculated since the 1990 expansion.) A 20-percent error and fraud rate is still unacceptably high, but the new prevention procedures undertaken by the IRS for the 1994 tax year should reduce the rate significantly. While these procedures have delayed tax refunds for many Americans this year, the efforts of the IRS have saved millions of dollars; most importantly, delays and fraud will be reduced in future years as IRS verification strategies are improved.

    In sum, there are problems with error and fraud that should be addressed, and the IRS is working on this problem. The challenge is to reduce fraud without resorting to a solution that will eliminate incentives for the poor to work.

    WORK DISINCENTIVE. Some critics assert that the EITC is actually a net work disincentive, because once poverty-level income is achieved, the EITC support begins to phase out. For example, the credit declines by 21 cents for each dollar of additional earnings between $11,600 and $28,500 for a family of four (in 1996), in effect applying an additional 21 percent tax rate to these earnings. Some Republicans charge that this provision discourages work, thus reducing the labor efforts of low-income workers.

    Effective marginal tax rates are high in the phase-out range. For example, at the lower end of the range, where families are eligible for food stamps but not yet subject to federal or state income taxes, the marginal tax rate can be as high as 65 percent for families with two children. (This is the sum of marginal tax rates resulting from sales and excise taxes, payroll taxes, the phase-out of the food-stamp program, and the phase-out of the EITC). At the high end of the range, where families pay income taxes but are not eligible for food stamps, the marginal rate approaches 60 percent for two-child households.8

    We also agree that the maximum allowable income has been set higher than necessary. For example, recent data show that more than 60 percent of families receiving the credit fall in the phase-out range,9 which shows that the credit is not perfectly targeted and could be improved.

    Nevertheless, recent research shows that the incentive to enter the labor force provided by the newly expanded EITC outweighs any disincentives in the phase-out range. Some people probably do choose not to work extra hours as a result of the high marginal rates. On balance, however, the expanded program will provide a net positive work impact equal to 20 million hours per year by 1996 if labor market entrants work 400 hours annually.10 In the final analysis, the total net benefit may be larger since the average EITC recipient worked 1,300 hours in 1993.11 The problematic disincentives in the phase-out range a feature of any tax provision that phases out as income rises-can be addressed without resorting to the shortsighted solution of cutting the program.

    MARRIAGE DISINCENTIVE. Critics of the EITC say the credit discourages marriage, because when two single, low-income workers choose to marry, the dollar value of their EITC can fall dramatically. Consider a single man with two children and a single woman with two children, each earning $11,000 a year. Separately, each would be eligible for a 1996 EITC of $3,370. If they marry and both continue to work, their EITC drops to one payment of $1,054-a drop of $5,700, or more than 25 percent of their combined earned income.

    A closer look, however, deflects this criticism. The EITC actually serves as a marriage incentive for low- or no-income taxpayers with children, especially when only one member of the prospective couple has a child, or unmarried couples who plan to have children. For example, a single man with earnings of $11,000 marrying a non-working mother with two children would receive a 1996 tax credit of $3,370, money he would not have received had he remained single. The high cost of health care and child care-hard to afford in the private sector but readily available in the welfare system-encourage low-earning women with young children to choose welfare over work. Therefore, it seems more likely that on the lower rungs of the economic ladder, the EITC would encourage, not discourage, marriage.

    The EITC: Improve It, Don't Gut It

    As a foundation for welfare reform, a nonbureaucratic work incentive, and one of the few social programs that actually works, the EITC is a cornerstone of a progressive social policy for the 21st century. We can get people to move from welfare to work only if work pays, and the EITC ensures that it will.

    The program is not perfect, however, and needs some minor adjustments. Unlike the new GOP critics, we believe in improving a valuable program rather than cutting it because it doesn't work perfectly. Some social programs are worthwhile investments; they need repair, not the budget axe.

    Some suggested reforms:

  • Require firms to notify their low-wage workers in writing that the credit can be applied to each paycheck, rather than collected at year's end. Less than 1 percent of EITC recipients use this option. Applying the credit to each paycheck would provide better assistance to working families and would likely reduce fraud, because firms have an incentive to correctly report hours worked and income earned.

  • Adjust the phase-in and phase-out ranges to maximize the number of families in the former and minimize the number in the latter. There is a trade-off here, as there is in any program with a phase-out range: Shortening the phase-out range requires that income in this range be taxed at even higher rates. Nonetheless, it may be preferable to have a smaller number of workers pay a high tax rate than have many more workers pay a slightly lower tax rate. We recommend that Congress: (1) lengthen the phase-in range; (2) shorten the phase-out range (thus increasing the marginal tax rate); and (3) reduce the maximum allowable income to qualify, in order to better target the credit. These changes will place more families in the work incentive range of the EITC without increasing its total cost.

  • Implement further policies designed to reduce fraud. We should deny the EITC to undocumented workers. Currently, they are eligible for the EITC if they meet the credit's eligibility rules-a policy at cross purposes with immigration policy. Revisions to the EITC criteria would ensure that undocumented workers would no longer qualify for the credit. With compelling evidence that the EITC is a success-it will help 25 percent of eligible workers with below- poverty incomes escape poverty by 199612 -cuts in the program are the equivalent of raising taxes on low- income working families to help balance the budget. These cuts will have the effect of pushing more families into poverty, thus making real welfare reform much more difficult. In their quest to slash or block grant every social program, Republican senators have acted hastily by endorsing cuts in the EITC; they are removing the foundation for welfare reform and condemning many of America's low-income workers to poverty.

    Notes

    1. The current design of the credit is based on an approach developed by PPI vice president Robert J. Shapiro, who advanced the idea that no family with a full-time, year-round worker should have to live in poverty. For example, see "An American Working Wage: Ending Poverty in Working Families," PPI, Policy Report No. 3, February 1990.

    2. John Karl Scholz, "The Earned Income Tax Credit: Participation, Compliance, and Anti-Poverty Effectiveness," NATIONAL TAX JOURNAL, March 1994, pp. 59-81.

    3. Credit rates and dollar figures are for 1996 and beyond, when the 1993 expansion will be fully phased in.

    4. Robert J. Shapiro, "Work and Poverty: A Progressive View of the Minimum Wage and the Earned Income Tax Credit," PPI, Policy Report No. 1, June 1989.

    5. Scholz, op. cit., and John Karl Scholz, "Testimony Before the Senate Committee on Governmental Affairs," April 5, 1995.

    6. Margaret Milner Richardson, Commissioner of Internal Revenue, "Testimony Before the Senate Committee on Governmental Affairs," April 4, 1995.

    7. Center on Budget and Policy Priorities, "The Earned Income Tax Credit and Calls to Reduce It," May 2, 1995.

    8. Edgar K. Browning, "Effects of the Earned Income Tax Credit on Income and Welfare," NATIONAL TAX JOURNAL, March 1995, pp. 23-43. Browning concedes that it is theoretically possible for a family to receive food stamps and be subject to income taxes, but he considers the two mutually exclusive to simplify the analysis.

    9. Janet Holtzblatt, Janet McCubbin, and Robert Gillette, "Promoting Work Through the EITC," NATIONAL TAX JOURNAL, September 1994, pp. 591-608.

    10. Scholz, 1995, op. cit., and "The Earned Income Tax Credit and Transfer Programs: A Study of Labor Market and Program Participation," prepared for the National Bureau of Economic Research.

    11. James Bovard, "Clinton's Biggest Welfare Fraud," THE WALL STREET JOURNAL, May 10, 1994, p. A18. Bovard suggests that the EITC should be targeted to full- time, year-round workers (i.e., 2000 hours per year or more). Other analysts, however, including PPI's Shapiro, challenge this view, noting that most working poor people cannot control their ability to work year- round. Many poor workers are employed in seasonal occupations such as agriculture, and the employment of all low-skilled workers is sensitive to changes in business conditions over which they have no control. Limiting the EITC to full-time, year-round workers, Shapiro notes, would in effect exacerbate the poverty of working families whose breadwinners lose their jobs or are forced to cut back their hours through no fault of their own.

    12. Scholz, 1994, op. cit.

    M. Jeff Hamond is economic policy analyst and Lyn A. Hogan is social policy analyst for the Progressive Policy Institute.