We’ve written about the Bush tax cuts several times in the last few months, and how if Congress doesn’t act, the tax cuts will be expiring for everyone, not just the wealthy. While I still think it’s a remote possibility that the tax cuts won’t be renewed, and that congress will just blame it not being renewed on the other party, there is a more likely scenario. That the tax cuts could be renewed for everyone except high income earners, but that it won’t be renewed until the very last moment.
Bush Tax Cuts: To Be Renewed, But Not Until The Last Minute?
While I’ll be glad if the tax cuts do get renewed, they’re now saying in Washington that any more delays in renewing the tax cuts could result in some serious problems.
Lack of congressional action on 2011 income taxes may force the Treasury Department to make unprecedented moves to prevent U.S. workers from seeing large tax increases in their January paychecks. The issue: 2011 tax-withholding tables. Treasury officials usually release the tables, which determine the take-home pay of millions of wage-earners, by mid-November because it takes payroll processors weeks to adjust their systems before Jan. 1.
But congressional leaders recently postponed voting on taxes until after the election and lawmakers don’t reconvene until Nov. 15. The Senate is scheduled to take up several nontax issues when it returns and is expected to leave for Thanksgiving soon after, possibly pushing a vote on taxes into December.
“Things get very dicey after the first of December” because of employers’ need to know the 2011 rates, said Michael Graetz of Columbia University Law School, a former Treasury official.
Lawmakers’ recent track record on dealing with tax matters doesn’t inspire confidence that they will act with dispatch. Congress has yet to resolve the estate tax, which expired at the end of last year and is set to snap back to high rates come January. Nor has it tackled the alternative minimum tax for 2010, a levy that is set to hit 32 million taxpayers this year, compared with five million last year.
Some have suggested that if Congress doesn’t act in time, Treasury officials might consider a one- or two-month grace period in which it maintains current tables until Congress passes tax legislation. Capitol Hill tax staffers, meanwhile, say the Treasury could set 2011 withholding at current levels for joint filers earning less than $250,000 ($200,000 for single filers), on the assumption that Congress seems likely to enact this change.
Payroll Processors Need Time To Update Systems
Once again, Congress has dropped the ball. Their inaction means that payroll processors across the country are going to have a situation where they have to scramble to get their systems updated with new tax code – and since Congress has decided to kick the ball down the road until after the election (they don’t want to raise anybody’s taxes before the election), they’ll almost assuredly be putting the payroll processors in a pinch.
Payroll officials are “very concerned” about next year’s withholding, said Mr. Danilewicz, head of payroll at New York University’s Langone Medical Center, which has 15,000 employees. “It takes large employers three to four weeks to process and test these changes, and the government needs time before that to determine and publish them.”
He adds that large firms often run payrolls a week or two ahead of time, further pressuring the process.
A spokeswoman for Paychex Inc., which handles payroll for about 8 million employees of more than 500,000 small and midsize firms, said it takes two weeks to update systems properly.
A spokeswoman for Intuit Inc., which provides payroll programs to smaller firms, says it takes “fewer than 30 days” to incorporate withholding changes.
Treasury Not Sure What They Will Do
So basically at this point the payroll companies are left to guess what situation we’ll end up in, and the Treasury is now trying to figure out what they’ll do in anticipation of a possible change in tax law.
Treasury officials declined to discuss what they will do if lawmakers don’t come to a quick decision.
“The president and Secretary [Timothy] Geithner are confident Congress will vote to pass middle-class tax relief before the end of the year,” but Treasury “will maintain flexibility on the release of the withholding tables for 2011,” said a spokeswoman.
Any Treasury move to extend the status quo involves risks: If lawmakers don’t follow through, taxpayers could wind up owing big tax bills at the end of the year.
And such moves would be a radical departure from past practices, said Dennis Danilewicz, a recent president of the American Payroll Association who has done payroll work for three decades.
“I have never seen withholding tables based on assumptions about the law,” he said.
Treasury officials’ most obvious option is the least attractive. If they publish tables based on expiration of the Bush tax cuts, which occurs Jan. 1, millions of low- and middle-income taxpayers who have paid little or no income taxes for a decade would likely see increases in January. Prof. Graetz estimates that higher withholding could take up to $10 billion a month out workers’ pockets due to higher tax rates alone. Other benefits also are expiring.
A childless couple earning $40,000, for example, could see their monthly take home pay shrink by about $100, according to the nonpartisan Tax Policy Center. If they had three children, they might face a further cut of $125 a month, said Scott Mezistrano, an official with the American Payroll Association. (See table.)
If paychecks get smaller, even temporarily, taxpayer reaction is likely to be intense.
It really is frustrating watching the political game as congress decides they would rather not allow any tax increases before the election because it might hurt their re-election chances. Hopefully people will take notice of their cynical game, and realize that increases for some are on the way, that payroll companies and possibly taxpayers will pay the price for their tom-foolery.
Even if Congress plans to extend current tax rates, it needs to do so quickly to avoid disruptions. There are enough differences between 2010 and 2011 numbers, such as inflation adjustments, that payroll executives still need weeks to update and test their systems.
“We need to get it right,” Mr. Danilewicz said. “Withholding is a sensitive subject, especially in a down economy when people live paycheck to paycheck.”
What do you think about the tax rates expiring, and Congress not taking action before the election. Is it just more of the same from Congress? Do you think they should be extended, or be allowed to expire? No matter how you feel about extending the tax cuts, wouldn’t it just be better to vote on it now to give the Treasury and others time to prepare? Tell us your thoughts in the comments.
Brad Chaffee says
This entire debate really makes me angry. I don’t understand how in the world anyone in their right mind could think that raising taxes for anyone in this economy, is the right thing to do.
I am so sick and tired of hearing the brainless argument about how we need services such as highways, police, and fire fighters. That always seems to be the first place people want to go—to act as if anyone opposed to higher taxes is opposed to those services that are needed.
Then there’s the “it’s only taxing high income earners” argument and that makes me just as mad. Those people who create jobs and provide services for others should not be punished because they have made more money. Oh wait, they won’t. They will just pass it down anyway so that argument is completely debunked. If Democrats believe in paying higher taxes, then how come they don’t check the box on their tax forms to do so. If they believe in it so much, why must they force others to act before they do so themselves? Wealthy people already pay more than I do according to their higher incomes, so I do not think it’s right to tax them more. The war against the wealthy has to stop!!
Lastly, my most passionate argument on taxes, happens to be what all of these people crying for higher taxes seems to be ignoring. How in the world can you ignore the Government’s inability to spend the money responsibly that they ALREADY GET FROM TAXES? They can’t even spend that correctly, so why would we assume the problem is that they need more money? Anyone with brain matter could figure out that more money isn’t the solution—controlling spending is!! Spending is the PROBLEM!
We as a country already have stolen from us, when it’s all added up, more than half of our hard work! More than 50% of the money we make pays taxes. How many roads and police and firefighters are we funding here? The entire world’s worth?
End of RANT. Haha! Sorry Peter, this has, as you can probably tell, been on my mind lately. :)
Peter Anderson says
haha.. did i open a can of worms here? No, i understand the frustration. It almost never enters into the debate that spending might possibly be part of the problem. Ya think?
Brad Chaffee says
Haha! That can of worms opened up when Obama started threatening the wealthy with higher taxes. :)
It is very frustrating and to make matters worse, I found myself on the most mushy-brained resource ever called the huffington post. That’s really what fired me up.
Instead of argue with those blind clueless commenters, I decided to rant here. :) I hope it’s okay.
Andrew @ Money Crashers says
Peter, I couldn’t agree more how tiring it is to see the political games going on. We never really know what the true motivations are…are they trying to just delay the inevitable to get “in” with the voters? I think no matter what happens, there is going to be a negative. Extending tax cuts makes it that much more difficult to get out of our fiscal debt….getting rid of them helps with debt but screws people over personally and financially in what is already such a tough economy. There really isn’t an easy solution which makes it even more frustrating.
David/moneycrashers says
If I were a betting man, I’d put my money on Congress letting them expire, setting us up for huge tax cuts, and then a big round of apologies from those idiots claiming some form of ignorance.
Just my two cents
Alcoholic Millionaire says
They should be allowed to expire. The biggest issue this country faces is not building highways or funding police, it is our unfunded liabilities (Social Security/ Medicare). The Retirement age should also be gradually rolled back, people are living longer and should work longer, or if they want to retire early they can do it on there own dime.
Ron says
Hey ??Alcoholic Millionaire I think you lost some brain cells from your substance abuse. Listen the real issues of 47 to 50% of the working individuals pay no state or federal income tax. The second issue is to many able bodies on welfare and the highest percent are minority groups based on weighted average per population of each discipline of ethnic groups. The third issue is too many who feel they are above doing menial tasks or jobs so they find liberal loop holes to qualify them for welfare or some form of government aid. Now we come to issue No. 4, We have so many illegal individuals and many of them work for cash paying no taxes and robbing american workers from having a job. The employers also are avoiding taxes and other employee expenses. The ones who are working with fake identification are being paid below average pay which qualifies them for low income tax dollars support. The fifth issue is a President and wife who take this country as stupid, vacations all the time, leisure living and not spending time working but rather letting his czars keep him informed kind of like KGB agents. I am saying Obama is spending money we don’t have, what about Green Obama’s Woman, a flight to Martha’s Vineyard a day ahead of Hubby, what happened to fossil fuel think green??? Oh that don’t apply to you all. The last thing I have to say is we can see why Obama wants Obamacare, if it were in place we would be paying for all the piss poor managing of our tax dollars being wasted by our ass hole leaders, all of them. The fed can’t run the postal service so what the hell makes you think Obama can run Obamacare. The regime will make the middle class pay for all these lazy non tax paying dead ass dead weight bunch of welfare lazy deadbeats. We Will See the cost of Obamacare be likened to the postal system, just keep raising the cost of stamps and all mail related disciplines, the cost of healthcare/obamacare will continue to go up in cost as more people are added to the welfare or government programs. ? Just a few issues to think about ? Alcoholic Millionaire, PS cut the outrageous wages and retirement pay and benefits of these government workers$ ? PS cut the outrageous wages and retirement pay and benefits of these government workers$ from The Anti Hollywood Style Royalty, we are the People of The Republic ?