A Stupid Tax Break Gets Even Stupider

Peeling back the stinky onion of the tax code: Enough to make you cry.
Peeling back the stinky onion of the tax code: Enough to make you cry.

A portion of the federal commuter tax benefit will expire January 1, which upsets a number of people on the grounds that the change hoses transit riders and benefits drivers. As someone who qualifies for no benefit at all because I work at home, my reaction to the partial wind-down of this special-interest benefit is, “Stop your blubbering. Get over it.” But there are multiple layers of stupidity at work here, which goes a long way to explaining in microcosm why country is such a mess, so the story warrants some elaboration.

The first layer of stupidity is the existence of a commuter tax benefit of any kind. With the federal government still running an annual budget deficit of “only” half a trillion dollars, Congress needs to stop handing out tax incentives like trick-or-treat candy. The tax break allows employees to devote up to $245 per month of their pre-tax income to commuting costs, including transit passes, van pool expenses and parking, and up to $20 per month for bicycles. The tax expenditure, by my back-of-the-envelope calculation, could cost a couple billion dollars a year in tax revenue.

Peeling back the onion of stupidity, another issue arises. If Congress’ intent is to help the working stiff by reducing the tax burden, there is an obvious alternative — lower overall tax rates. Why the compunction to subsidize commuting? The measure does not benefit all Americans, just those who rack up big commuting expenses. Conversely, it discriminates against workers who engage in the socially beneficial alternatives of walking to work or working at home. 

Delving deeper into the stinky onion of tax policy, we encounter the matter that has inflamed the environmentalists.  A quirk in the latest iteration of the benefit, courtesy of that legislative train wreck known as the 2009 federal stimulus package, expires the tax benefit for transit riders at the end of every year. This year, it seems that Congress never got around to renewing the subsidy, so the benefit for transit rider drops to a mere $130 a month. Meanwhile, the tax break for parking inches up $5 to to $250 per month.

Why should drivers get a $250 parking subsidy while transit riders eke by with a break only half as large? The discrepancy encourages people to drive to work rather than ride the bus or train, hardly the way to advance the goals of reducing congestion, gasoline consumption, pollution and CO2 emissions. I don’t always agree with the environmentalists, but this time they’ve got a point.

The obvious solution is to eliminate the tax break entirely. Congress has no business privileging cars over buses, or vice versa. In one stroke, the nation could take a step toward both fiscal and environmental sustainability.

— JAB


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11 responses to “A Stupid Tax Break Gets Even Stupider”

  1. There are more than one.

    not only the tax subsidy for commuters directly.

    VRE (Virginia Railway Express Commuter Rail) receives Federal money to pay for track fees as well as purchase ofrail cars.

    People in VRE jurisdictions levy an ADDITIONAL 2.1% tax on gasoline to fund VRE operations so that a ride that costs $20 costs the rider only about $6 (paid for in part by that commuter subsidy the Feds receive).

    finally – think about VDOT commuter lots – each parking spot costs $10,000 but it’s free to park there courtesy of the ever shrinking gas tax.

    Of course when you talk to transportation professionals – their attitude is that this money is well spent and cheap because it gets people out of their SOLO-driven cars which would add thousands… (more than 10,000 in VREs case alone not counting the VDOT commuter lots) and thousands of additional cars to I-95 and other radial commuter paths from the exurbs to NoVa.

    Those same cars would then clog the beltway at rush hour and overwhelm the surface streets of NoVa.

    so in their view – the subsidies are necessary because they extend and preserve the functionality of I-95 ….

    the HOT lanes are a further extension of that philosophy .. to get more and more folks to get out of their SOLO-driven car and into a carpool , bus, van, etc…

    but the irony is truly rich when drivers pay the 2.1% gas tax to subsidize VRE and then the feds turn around and give the VRE riders about 200.00 a month to pay for VRE.

    1. Tysons Engineer Avatar
      Tysons Engineer

      Your argument against maintenance/capital subsidies would be relevant if it weren’t for the fact the biggest subsidies towards those forms of infrastructure are still for highways and road networks by orders of magnitude.

      BTW, there are many many of us pro-transit types who aren’t concerned about the well being of earth worms and other such enviro-nonsense. To equate all who are pro-smart growth with environmentalists would be the equivalent of suggesting all suburban conservatives also support everything the Koch brothers are for.

  2. Absolutely right. Good column.

    As one who, retiring 10 years ago, commuted on the MARC train, I seem to have survived not benefiting from any subsidy. It’s a waste.

    A parting thanks as we wind up this year to Jim Bacon for presenting thoughtful conservative positions, with some of which I disagree, that embrace the thoughtful environmental perspectives that once (back in the day) were shared by Republicans as well as Democrats.

  3. re: a parting thanks…

    ditto…

    thanks to Jim for his thoughtful articulation and thanks to other respondents for their views and opinions… and a awesome New Year to all.

  4. A happy, healthy and prosperous 2014 to all. And I predict our elected officials from both Parties will keep this blog busy. Thanks to all for their participation.

  5. Yes, the environmentalists have a point. We already heavily subsidize driving in this country. According to the National Surface Transportation Policy and Revenue Study, America subsidizes driving about $145 billion and puts $39 billion into transit annually. The first round of Obama’s stimulus put an additional $28 billion into roads and $8 billion into transit with only some $400 million to bike-ped and, of course, 80 percent of all federal transportation dollars still go to roads. Federal dollars, furthermore, can NOT be spent on transit operating costs and transit must match federal capital dollars one-to-one but local governments only have to pay a quarter of road building costs.

    You get the behavior you subsidize and increasing the parking subsidy while halving the transit one will do what subsidies have always done. Yes, the environmentalists have a point.

  6. but who pays the taxes that are used to build roads and transit?

    the Federal dollars come from where?
    the State dollars come from where?
    the local dollars come from where?

    road users pay a fuel tax. what tax do transit riders pay?

    I’m sympathetic to the transit dilemma but politically you cannot win just by preaching to the choir.

    you have to make a convincing Prima facie case…

    Right now the Feds spend about twice as much as they collect in fuel taxes – on roads and transit (and other). There is sentiment in Congress to keep spending equal to tax revenues and to cut transit … because of the view that auto users pay fuel taxes and transit users don’t have a similar tight nexus.

    In Virginia there is a more substantiative case because a substantial portion of transportation revenues do, in fact, comes from the general sales tax.

    at the local level – any “match” comes from all taxpayers and so that is a potential also but only because they do not compartmentalize the property taxes they collect on cars and tie that money to transportation projects.

    but in order to win this argument – you have to convince more than the true believers.

    1. Tysons Engineer Avatar
      Tysons Engineer

      This is the greatest of the false statements that come out. No, in fact, you are wrong. For years the federal road network, the state road network, and yes even at a county level have all been funded with additional funds attained from general funds (sales tax, real estate taxes, and income taxes). The gas taxes not having changed in decades is the reason for that (and guess who fights against any changes to the gas tax).

      Beyond this, is the fact that we recently re-wrote how infrastructure is funded in state, relying even more now local development, real estate sales, and sales tax increases, lump fees on hybrids that out weigh what even pickup truck drivers pay, and far less on gas tax. You also ignore the funds that come from commercial freight that pays for infrastructure, which theoretically all customers of those products pay for via the final price of the product.

      You may have a case if the above weren’t true. I as a person who drives only 3000 miles per year, pay an outrageously equivalent tax for the road network (likely greater than yourself) despite, by your statements, it being a “user tax”.

  7. All good points — especially the preaching to the choir comment — but I’m not trying to win the argument. I’m trying to produce awareness of the complete transportation issue which, I know, will be difficult as long as all of us — media reporters too — are drivers first for the vast majority of our transportation needs/desires/wants. Driving is the dominant mode for American transportation and until we, the people, begin to realize that we’re only aware of the up side, America will continue to take actions which hurt ourselves in the long-run. Cajoling more driving works against our national interests and until we begin to recognize that there are down sides to driving via reporting which admits there is a downside, we’ll continue to pursue policies — like decreasing transit subsidizes while increasing driving ones — which work in a direction which produces more greenhouse emissions, demands our military be active in the Middle East, cause us to cocoon ourselves from our neighbors and other Americans, helps makes us more obese, costs our economy, and threatens our coasts (spills).

  8. All good points — especially the preaching to the choir comment — but I’m not trying to win the argument. I’m trying to produce awareness of the complete transportation issue which, I know, will be difficult as long as all of us — media reporters too — are drivers first for the vast majority of our transportation needs/desires/wants. Driving is the dominant mode for American transportation and until we, the people, begin to realize that we’re only aware of the up side, America will continue to take actions which hurt ourselves in the long-run. Cajoling more driving works against our national interests and until we begin to recognize that there are down sides to driving via reporting which admits there is a downside, we’ll continue to pursue policies — like decreasing transit subsidizes while increasing driving ones — which work in a direction which produces more greenhouse emissions, demands our military be active in the Middle East, cause us to cocoon ourselves from our neighbors and other Americans, helps makes us more obese, costs our economy, and threatens our coasts (spills).

  9. I support transit and bike/ped infrastructure and I am no defender of people who solo commute to work everyday when there are alternatives and especially so when the distance is 50 miles one-way.

    but the argument cannot be won.. by asserting that the gas tax should be
    re-directed to transit/bike/ped and even if you manage to do so .. the politics
    are such that – that situation, will always be fragile and tenuous and not enjoy sustainable support.

    I think transit/bike/ped needs to be put to a vote and the proponents need to truly educate and get more votes… anything less than that is going to be a permanent purgatory …

    I think a majority of people already support transit/bike/ped but the way te argument is litigated empowers the opposition… more than the support.

    In Va, right now, we collect about a billion dollars a year from the sales tax for transportation. How many people know that? That’s money that does not come from the fuel tax.

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