The smart tax we can’t have

The battle is on, as President Biden pushes a raft of tax hikes to pay for roads, bridges, green energy, and expansive new social programs. His plans are generally popular—but nobody wants to be the one footing the bill.

Business groups argue that instead of raising corporate taxes to pay for infrastructure, as Biden wants to do, the government should rely on user fees such as tolls and dedicated taxes, so that people getting the benefit of the new asset bear the cost. Higher corporate taxes can depress investing, send US companies overseas and trigger aggressive tax avoidance. Douglas Holtz-Eakin, president of the American Action Forum, calls corporate taxation “the most economically destructive tax” and says “a better way to go is to keep to the tradition of levying user fees, so that those who use (and wear out) the infrastructure pay for its construction and maintenance.”

Makes sense! And user fees work well in some instances. They help fund ports and airports, because it’s easy to assess the fees on companies that use them and then let those companies pass them on to their customers as the market allows—like the fees you see listed on an airline ticket. Tolls work too, to the extent that drivers are willing to pay $7 to cross a bridge or 25 cents a mile to use a turnpike. (Sometimes, they’re not.)

Other user fees that used to work are failing, however, and that suggests Biden’s tax-and-spend plans won’t be nearly as productive as advertised. The best example is the federal gas tax, which is supposed to finance construction and maintenance of the nation’s highways. As taxes go, the gas tax is a pretty good one. The people who use the roads pay the tax, and the more you use the roads, the more gas you buy and the more tax you pay. The government collects the tax at the wholesale level, which is relatively easy, and wholesalers pass the cost onto consumers. Evading the gas tax is nearly impossible.

Traffic flows along Interstate 90 highway as a Metra suburban commuter train moves along an elevated track in Chicago on Wednesday, March 31, 2021. President Joe Biden outlined a huge $2.3 trillion plan Wednesday to reengineer the nation’s infrastructure in what he billed as “a once in a generation investment in America” that would undo his predecessor’s signature legislative achievement of giant tax cuts for corporations in the process.(AP Photo/Shafkat Anowar)
Traffic flows along Interstate 90 highway as a Metra suburban commuter train moves along an elevated track in Chicago on March 31, 2021. (AP Photo/Shafkat Anowar) · ASSOCIATED PRESS

But Congress hasn’t raised the gas tax since 1993, when it hit 18.4 cents per gallon. Users don’t like paying the user tax, it turns out, and Congress has let them off the hook. The government still builds and maintains roads, however, and the gas tax has failed to cover the costs it’s supposed to for nearly 20 years.

Inflation means the gas tax buys less than it used to. As cars continually get more efficient, drivers buy less gas and pay less in tax. And now electric vehicles that burn no gas let those users enjoy the roads for free, with gas-tax revenue declining even further. With the user fee failing to pay for what the users use, the government simply borrows to make up the difference.