With the passage of a deficit-financed $1.9 trillion relief bill, Democrats in Congress may soon pivot to new agenda items, including President Biden's Build Back Better plan for infrastructure and other critical investments. And those lawmakers will inevitably face intense pressure from fiscal moderates to include tax "pay fors" in spending legislation.
One of the best ways to raise plenty of revenue — and help honest taxpayers — is to effectively battle tax cheats. To do that, though, Biden and Congress must seize the chance to revamp and restore the federal government's own infrastructure: the Internal Revenue Service.
After a decade of budget cuts for the agency, the cracks in the IRS are costing taxpayers trillions of dollars and growing impossible to ignore. The agency is increasingly unable to detect or address blatant tax cheating by high-income filers and the largest businesses. In February, the IRS commissioner, Charles P. Rettig, told Congress that about $570 billion in taxes owed in 2019 were not paid. That tax gap is projected to total about $7.5 trillion over this decade. Meanwhile, the IRS answered fewer than a quarter of its phone calls from people seeking help with their taxes.
From 2010 to 2019, lawmakers cut the IRS enforcement budget by more than 20%. But Biden and the Treasury secretary, Janet Yellen, have pledged to rebalance tax enforcement, and this spring presents a chance to deliver. Any responsible recovery package would include a multiyear stream for rebuilding the IRS. Fully funding the agency would defeat tax cheats while raising revenue for critical investments. It would help the overwhelming majority of Americans who want to pay whatever they owe. It would help honest businesses better thrive and compete. And restaffing the IRS through restored funding would help fight corruption and strengthen the rule of law.
Perhaps unsurprisingly, the wealthiest are the prime beneficiaries of the status quo. Estimates suggest that the top 1% of filers account for at least 28% and as much as 70% of the tax gap. The wealthiest households and largest businesses often use a complex maze of financial arrangements and offshore entities that make it incredibly hard and time-consuming for the IRS to untangle what taxes are owed but not paid.
Largely as a result of its budget cuts, the IRS has lost a third of its staff members who are knowledgeable enough to audit highly complex returns. While audit rates have dropped for tax filers across the board, they've fallen most steeply for America's highest-income filers and its largest corporations: They are now about half as likely to be audited as they were a decade ago.
Even when the IRS detects the most obvious forms of tax noncompliance among the wealthy, it is stretched too thin to follow up adequately. A Treasury Inspector General for Tax Administration report published last year found the IRS had failed to follow up with more than 369,000 high-income households that simply did not file a tax return in prior years.
Recent reporting by the New York Times on Donald Trump's dodgy tax returns — which included his highly questionable use of deductions and expenses — was just the latest revelation of apparently different standards for the rich. But it also heightened concern among tax experts regarding the ability of the IRS to do its job when it's so deeply depleted.