Why Do California Conservatives Ignore Uncle Milton?

Joe Mathews's picture
Journalist and Irvine senior fellow at the New America Foundation. He is co-author of California Crackup: How Reform Broke the Golden State and How We Can Fix It (UC Press, 2010).

The late economist Milton Friedman was fond of saying: “The property tax is one of the least bad taxes, because it's levied on something that cannot be produced — that part that is levied on the land.”

He said almost those exact same words to me four years ago during an interview about his relationship with Gov. Schwarzenegger – and about his history with California ballot initiatives.

When the subject turned to Prop 13, which he had strongly supported in 1978, Friedman said he thought the measure had proven to be “a mixed bag.” He did not regret his vote for Prop 13 because it had sent a tax-cutting message that was important for that time.

“You’re probably too young to realize it,” he told me (he was right -- I was 5 in June 1978), “but in those days, government was the answer to every problem. Very few people think that now.”

But as a matter of current policy, he said, Prop 13 was problematic. “It’s a bad tax measure because the property tax is the least bad tax there is,” he said. “Think of the original and indestructible properties of the soil. The least dangerous and harmful tax is a tax on something of which there is an inelastic supply.” He argued that protecting Prop 13 was far less important than cutting other taxes, particularly on the income and sales we need more of.

I was reminded of Friedman’s comments back in June at a Los Angeles meeting of the Commission on the 21st Century Economy, otherwise known as the tax commission. Late in the meeting, one of the commissioners took note of the body’s movement to cut income taxes, and said he understood the logic. But this commissioner thought that, to make up the revenue and make the commission’s proposal more palatable to legislative Democrats, the commission ought to propose raising taxes on property taxes as the same time it cut income taxes.

It was a compromise in line with Friedman’s thinking. A cut in income taxes would lead to more income, the economist might have argued, while a property tax hike would not reduce the amount of land. (Property taxes, in fact, provide an incentive for the most productive use of land). Swapping a cut in a very bad tax for a hike in the least bad tax would be a net positive for the state.

Now, about that commissioner. It wasn’t one of the panel’s conservatives or Republicans who made the Friedmanesque suggestion. It was a liberal Democrat, UC Berkeley Law School Dean Christopher Edley Jr. Republican appointees on the panel have since objected, almost reflexively. But their objections are – to put it bluntly – purely political. Yes, it’s conventional wisdom that raising property taxes is politically impossible in California. But why is that true?

It’s true because California’s conservatives and Republicans have become a party of no. If a proposal increases taxes in any way, they’re against it. In doing so, they ignore the teachings of an economist that they claim to revere.

For more than a generation, conservatives have protected the “least bad tax” to the exclusion of all else. So even as income and sales and all kinds of taxes – with their negative effects on the economy – grow (they’re up again this year), the Prop 13 tax limits remain sacred.

That’s the opposite of how things should be. It’s time for those who say they agree with Friedman to practice his economic logic. The tax commission offers a rare opportunity for just such a trade. Marry the commission’s Republican-backed proposals for a lower, flatter income tax with Edley’s suggestion of an increase in the property tax.

Such a compromise would change the game in California’s economics and politics. Democrats in the legislature are so fixated on tearing down Prop 13 that they would almost certainly go along with a package that included income tax cuts. And Republicans, by backing a compromise, would demonstrate that they take their economics seriously.

Property tax equity

Land is inelastic but it use, which is the economic factor to consider, is heavily subject to political and legal elasticities. And those same political and legal forces also weigh heavily on the demand side. The tax that most incentivizes the productive use of land is land value taxation. But of course the political and legal obstacles to using land are legion in this state and those run counter to the ability of landowners to develop land for its highest and best economic use. Taxation is not just about economic efficiency. Although I dislike the use of taxes for every agenda, there are social and fairness considerations that should come in effect. The advantage of income taxes is that they represent a sharing of good fortune and the ability to pay. Property taxes don't reflect owners the ability to pay. They don't even represent ownership in terms of equity and in California, are generally inverse to that. In fact what's worse is that any talk of changing the property tax wouldn't first address the most unfair aspect of the California taxes, which are the vast inequities in burden sharing due to Prop 13's assessment provisions. Rather than worry about changing the share of overall taxes that come from property, do something about the reforming the distribution of who pays property taxes in the direction of horizontal equity. The idea that you can even consider what is the proper role for the property tax without having a reference point of some kind of uniformity in the burden it places on people is ridiculous. When one neighbor is paying 10 times the taxes of his neighbor in a home of equal value, how do you propose to understand what the proper share of the tax burden falling on property is? Lastly the Eadley-Keeley wing of the tax commission without tax in its name isn't talking about just replacing one tax with another; they want overall taxes increased. Promoting that ubiquitous and indefatigable element of political liberal's agenda under the cover of "reform" stands in contrast to the 1986 federal tax reform where a baseline condition was revenue neutrality.

Henry George advocated a

Henry George advocated a land tax because it was stable and provided a moral incentive for local government to encourage the sort of policies that would increase the value of the land. Pointedly, George did not advocate taxing the improvements, as that would be disincentive to development, but, concomitantly, improvements to the property would lead to increased "value capture". Prop.13 made the property tax a state tax, forcing local government to rely on sales tax at its moral hazard.

Long term commitments with short term money

keenebd might have hit upon something with the statement about long range irresponsibility on the part of the legislature, but Proposition 13 did not go to far.

That lack of responsibility manifested itself in the legislature's habit of of making long term spending commitments with revenues that they knew were not going to last.

Setting aside the fact that even in years of higher revenues, it still wasn't enough to satisfy the spending beast in Sacramento, the real problem was that the legislature ignored the well known fact that economic booms are temporary. They spent like the housing boom would never end, even though EVERYONE knew that it would.

To say that we must restructure California's tax system just to make up for the irresponsible spending habits of the legislature is particularly offensive when you are talking about pushing up a tax that has the capacity to put retired persons out of the homes.

And for what? So we can continue to support 30% of the nation's welfare recipients despite the fact that we only have 12% of the nation's population? So we can spend twice as much per inmate in our corrections department as the national average? So we can force taxpayers in the private sector to pay higher wages to those in the public sector AND provide them with guaranteed benefits that the rest of us don't dare even dream of having for ourselves?

No.

And one last note. You will never get rid of the 2/3's requirement for tax increases because the voters and taxpayers in this state will not let you. Go ahead and try.....again.

Prop 13

Interesting arguement....but the current system has produced every increasing stable revenue for California government. Prop 13 has been a blessing to both taxpayers and governments. But CA government is only satisified with hugh annual increases in revenue. In fact its still increasing.... I think Uncle Milton would think its OK to limit government revenue. I think I will re-read his book "Free To Choose" this weekend. Thanks for envoking his name!!

Property Tax Increase

This is an article that should appeal to people who are not caught up in an ideological straitjacket. While it points out that land is an inelastic commodity, it does not state clearly enough that the reason this is important is that the revenues derived from property taxes are relatively stable, unlike those derived from the sales and income taxes. As a tax on wealth, rather than economic activity, any adverse effect on production or consumption would be remote and fairly negligible. Moreover, it is less offensive to pay a tax linked to local services. You can see what you are getting for your money and policy decisions are not necessarily relinquished to Sacramento. The problem in 1976, with runaway property inflation taxing some people out of their homes, did require a solution. Despite so-called obscene state surpluses, the legislative offerings at that time were inadequate; but Proposition 13 went too far. It caused dependence on economic fluctuations that pressured governors and legislators to spend in good times, and to avoid cuts in bad times. Thus came the structural deficits -- not because politicians were not responsive, but because they were too responsive to the whims of the time. The long range responsibilities were neglected and this was worsened by term limits, which discourages a long-term outlook.



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