Tax Law

What are the reciprocal tariffs between Trump and the EU? A VAT Isn’t Discriminatory

While it is unclear what formula the administration will use to determine what is “reciprocal,” the intention of responding to foreign charges–real and perceived-is clear enough. While it is unclear what formula the administration will use to determine what is “reciprocal,” the intention of responding to foreign charges–real and perceived–is clear enough.

In the past, the administration has made general assertions about different

tariffTariffs are taxes imposed by one country on goods imported from another country. Tariffs are trade barriers which increase prices, reduce the amount of goods and services available to US businesses and consumers and place an economic burden on foreign suppliers.
Trump often mentions that the EU charges a 10 percent import tax. Trump often mentions that the EU charges an import tax of 10 percent. A tax is a mandatory payment collected by local, State, and National governments from individuals and businesses to cover costs for general government services, good, and activities.
on US cars while the US only imposes a 2.5 percent duty on European cars entering the US. Although there are examples of higher barriers to trade abroad, the overall gap between the US’s trading partners and the US is relatively small. Any increase in US tariffs would ultimately be paid for by US businesses and customers. Stephen Miller, White House deputy chief-of-staff, brought up a new grievance when discussing trade with Europe. He called it value added taxes (VAT). “Did You Know that when you ship a vehicle from the US to Europe and they let it through because of the many nontariff barriers between the VAT, duties, and other taxes, this car is taxed 30%? The German car, or a European car shipped to America, is taxed at 2,5% –or basically 0”His claim assumes that the VAT rebate given to European car producers exporting cars to the US is a subsidy, and that the car will then face a tariff but no VAT. It is important to note that both domestic and European cars sold in the US will be subject to US state

sales taxes. A sales tax is levied at retail on goods and services. Many governments exempt certain goods, like groceries. Broadening the base, by including groceries, would allow rates to be lower. A sales tax should exclude business-to-business transfers that, when taxed cause tax pyramiding.

.)

While this may appear to be a compelling argument for justifying tariffs across the board on the EU, in reality it reflects a complete misunderstanding of what a VAT actually is and how it functions. It also places the blame on the European VAT for the lack of US competitiveness, rather than reevaluating both the US federal tax system and state tax system. What is VAT and how it works for exported goods?VATs have border-adjusted taxation, which means they rebate tax on the exports while imposing tax on the imports. A border-adjusted tax is not trade neutral, even though it appears to be subsidizing exports while punishing imports. Tax pyramiding is when the same final product or service is taxed more than once along the production process. Tax pyramiding occurs when the same final good or service is taxed multiple times along the production process. Gross receipts taxes represent a prime example where tax pyramiding is in action.

.”What is US sales tax and how does it work for exported goods?

Unlike many other countries, the United States doesn’t impose a wide-ranging

consumption Tax. A consumption tax is usually levied directly or indirectly on the purchase of goods and services.
A VAT is imposed on the incremental increase in value of a good or service at each stage of production, whereas a sales tax is imposed on the total transaction price of any taxed good or service. When a sales-tax is applied to some intermediate transactions (“business inputs”), it results in tax pyramiding, where the tax is embedded multiple times into the price. However, when the sales tax is applied to some intermediate transactions (“business inputs”), it results in tax pyramiding, where the tax is embedded in the price multiple times over.

Consider the following example of a 5 percent VAT and two versions of a 5 percent sales tax–one which only applies to final consumption, and one which applies to certain intermediate transactions as well.VATs and Ideal Sales Taxes are Economically IdenticalA 5% VAT compared to a 5% ideal sales tax and a 5% sales tax with business input taxation

Note that, while a VAT is imposed at every stage of the process, the net effect is to apply the rate one time to the final sales price. The tax is collected incrementally (on the “value-added” at each stage), and unlike a pyramiding tax, it doesn’t double tax inputs. The VAT and ideal tax share the same

tax basis. The tax base is all income, property, assets or consumption that is subject to taxation. A narrow tax base can be inefficient and non-neutral. A broad tax base allows for lower tax rates and reduced administration costs.
and, if imposed at the same rates, yield identical collections.US sales taxes are typically destination-based, meaning that the tax is owed where the product is received or consumed. If a European resident purchases from a US retailer they will not be charged US sales tax. A US consumer can also receive a VAT refund on European products. These are not subsidies. In practice, however, US taxes are far from the ideal. More than 40% of US sales taxes are derived from intermediate transactions that impose costs on US manufacturers. This design flaw does not exist in VATs because they do not double tax intermediate transactions. The sales tax penalizes domestic production in a way that a VAT or a better-designed sales tax would not. European VATs aren’t subsidizing anything–US states are just shooting themselves in the foot.

Crucially, this is true in domestic as well as international sales. If a state only charged sales tax on final consumption, in-state businesses would not be at a competitive disadvantage to rivals in other states because consumers in those other states are also subject to their state’s tax. Maryland residents pay 6 percent on all purchases (that are subject to Maryland’s tax) regardless of whether they buy from a retailer located in Maryland, Delaware (which has no sales tax), Louisiana (which has an average tax rate north of 10%), or any other state. Maryland’s taxation of business inputs is a cost to Maryland businesses. This cost could be reduced if Maryland businesses operated in states with lower taxes or states that included fewer inputs as part of their tax base. The disadvantages of the sales tax are not unique to goods exported abroad. The VATs in Europe are not tariffs, and they do not subsidise European exports. Instead, US states’ poorly-designed sales taxes are harming their own businesses’ competitiveness–whether they’re selling down the street, across state lines, or around the world.

What competitiveness issues remain with the US federal tax system?

Just like state sales tax systems can create a competitive disadvantage for producers, certain elements of the federal income tax system harm incentives to invest domestically. Despite progress made by the 2017 Tax Cuts and Jobs Act, the US maintains long

depreciationDepreciation is a measurement of the “useful life” of a business asset, such as machinery or a factory, to determine the multiyear period over which the cost of that asset can be deducted from taxable income. Depreciation is a method of deducting the cost of an investment over a period of time.
The

schedules of investment in structures now require amortization for the research and development costs, and are phasing out the bonus-depreciation. Bonus depreciation allows companies to deduct more from certain “short lived” investments in new technology, equipment or buildings. Businesses can write off more investments, which helps to reduce a bias in tax laws and encourages them to invest more. This, in turn, will increase worker productivity, increase wages and create more jobs.
The absence of full, immediate deductions for investment increases the cost of capital and discourages investment and wage growth. The absence of full, immediate deductions for investment increases the cost of capital, and thus discourages investment and wage growth.
Rather than focus on raising tariffs, which increase the cost of operating in the United States and reduce total output and productivity, fiscal policy reforms to improve the structure of the federal income tax system can better boost competitiveness of the US manufacturing sector.

Conclusion

Countries have many reasons why they apply different tariff rates to different products. In the United States, certain tariffs date back as far as the 1930s Smoot-Hawley Tariff Schedule, while other US Trade Barriers take on non-tariff form. The Trump administration seems to be moving towards a “reciprocal policy” despite the negative economic effects of tariffs across the board on goods entering the US. The EU’s VAT system is not a valid reason for retaliatory duties.

Trump’s Tariff War Returns

Stay informed on the tax policies impacting you.

Subscribe to get insights from our trusted experts delivered straight to your inbox.
Subscribe to our Newsletter

Share this articleTwitterLinkedIn

Facebook

Email

Story originally seen here

Editorial Staff

The American Legal Journal Provides The Latest Legal News From Across The Country To Our Readership Of Attorneys And Other Legal Professionals. Our Mission Is To Keep Our Legal Professionals Up-To-Date, And Well Informed, So They Can Operate At Their Highest Levels.

The American Legal Journal Favicon

Leave a Reply