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Home› Part III - Major economic policy guidelines› Cleaning up the capital market›Economic policy 7.

7. Progressively reduce the tax rate on enterprises' distributed earnings until it is eliminated.

  • It is a question of dividends here, not of capital gain. An economist, modern finance expert, researcher, and university professor, publicly stated in the early 2010s206 :

“A second reason is that, for more than fifteen years now, on the financial markets, there is this kind of diktat which would have it that an enterprise not returning 15% yield on shares per year would be an enterprise worth little. When you have monetary liquidities circulating around the planet, why would you want them to go and invest in the real economy, here at home, in our small and medium-sized enterprises for instance, when on the financial markets they earn yields of 15% per year?? In fact, looking more closely, the yields are even much higher: there is what is called leverage, that is, what you can gain with a small capital contribution and by borrowing money. Leverage is far above 15%. You have leverage of 100, 150%: that is enormous!”

We must not be taken in by it. The yield of a placement is one thing; the financing of that placement, and the capital gain or loss at the liquidation of that same placement, are two others.

True, mixing these three things yields enormously, where it occurs. That does not in any way authorize uttering falsehoods. Which share portfolios, over the past ten years, have returned a dividend averaging 15% a year? And which, over the same period, have yielded an average dividend of 6 to 9% a year? The diktat of 15% and more has reasons that could not be more obvious. Relative to capital and per year, a gross operating surplus of 15% or more of capital and a distribution of dividends of 3 to 5% leave a margin that lets top management obtain very high remuneration from the board of directors. Moreover — the one helps the other — the dilution of relative ownership shares is easier to avoid or limit by means of self-financing through undistributed earnings. That makes two breaches of economic normality, concealed by financial engineering in the service of extending capital gain capitalism through the eradication of yield capitalism207.

  • Let E be an enterprise constituted as a company. In what follows, what holds for E holds for all enterprises constituted as companies, including those whose capital is entirely made up of refundable shares (cooperatives included, therefore).

The DOE, the dividend on equity as defined above, is only one of the two most important relative values in the distribution of earnings to the holders of shares of capital. The other is the share of distributed earnings relative to total earnings.

Let us call this share the DPR, dividend payout ratio: earnings distributed to the holders of shares of capital relative to total earnings.

  • These two rates are the more calamitous the closer they come to zero. Yet the opposite is often maintained today when E is a company with negotiable shares and the prospects of a capital gain on the sale of these shares are positive.

There are many objections to the preference for capital gain capitalism at the expense of yield capitalism. Let us put forward two of them here: capital gain capitalism cannot be universal; the technostructures that play the card of capital gain at the expense of yield favor their own interests, throwing a pseudo-rational veil over an economically immature mode of enterprise management.

  • The main reason capital gain capitalism cannot be universal is established experimentally. With the extension of this capitalism comes the compensating alternative of the sector clumsily called, in France, the “social and solidarity economy.”

That does not mean that there prevails spontaneously, in this sector, the recognition that dividends are counterparts, equitable in principle, of the placement of savings in shares of capital. Likewise, it is not spontaneously that the refund, within short delays, to members who request it, of part or all of their stake, is assumed. Moreover, savings thus placed are managed ethically only if they include at least partial protection against monetary erosion through distributions of free shares to members.

  • Self-financing through undistributed earnings is in principle economically immature. For any enterprise E constituted as a company, it is admitted, in fact or by statute, that its managers do or do not have to force the hand of the capital contributors.

Self-financing through undistributed earnings forces the hand of the contributors of capital by implicitly telling them: “If, after this distribution, nothing remains in the common pot, new shares of capital will have to be issued in order to provide for the development of the enterprise and its inevitable, more or less complete, reconversions.” As a consequence of this line of conduct, current and potential shareholders perceive the rate of return of this placement less concretely. Yet the undistributed money belongs to the shareholders, who, if they receive the whole of the share owed to them, are on the whole more disposed to put back into the pot.

  • The effective average price, year after year, of placement in capital is the dividend on equity, not a statistical abstraction. Yet today, even more than before, it remains very commonly accepted that this price be arbitrarily understated by boards of directors.

As in economic reality, there are whole wages — the sum of the net pay and of all the contributions for which each wage is the base, including the contributions artificially called employer contributions — as well as whole dividends. Keeping in the background the whole wages hampers an economically logical regulation. In parallel, keeping in the background whole dividends hampers the regulation of the national stocks of capital so as to bring them to the levels required by full employment Chapter 7 – Employment.

  • As long as whole dividends are not more usual than arbitrarily understated dividends, raising the rates of earnings distributed to capital placers will not require a general rise in enterprises' margins. That raising will therefore not require downward pressure on the general level of real wages (purchasing power), contrary to what growing structural underemployment inevitably does.

On the other hand, it is hard to see how this raising could occur, in many countries, mainly through empiricism. The general distinctions between capital gain capitalism and yield capitalism, partial dividends and whole dividends, plenary exchanges and arbitrary exchanges208, are landmarks for action. Without them, trying to make the economy more normal is like lecturing an engine that runs badly.

  • What does a reduction in the tax rate paid by enterprises on their earnings bring about? One of the least negligible consequences is the reduction of a tax receipt.

In a national economy in good health, tax receipts cover the totality of public charges, debt amortization included209. Until the true budgetary result — the difference between public receipts and charges — is once again structurally in surplus, the reduction of one tax inflow generally calls for compensation by the increase of another. A budgetary policy whose aim is not the chronic surplus of receipts over charges across the whole non-market public sector infantilizes citizens, for, all things considered, in the long run, greater prosperity for everyone depends on reaching this aim210.

  • As long as enterprises are subject to paying a tax on their earnings, is it judicious that this be at the same rate whether the earnings are distributed or undistributed? Encouraging the distribution of as little of enterprises’ earnings as possible, or on the contrary as much as possible, is an essential choice of economic policy, because of the regulations and stimulations it thereby hampers or releases.

The proponents of “as little as possible” often favor a tax paid by enterprises on their earnings at a rate raised for distributed earnings and lowered for undistributed earnings. The proponents of “as much as possible” make the opposite choice of a rate lowered for the distributed portion, and raised for the undistributed portion. Today, among those who clearly come out in favor of one or the other of these options, the proponents of as little distributed earnings as possible are by far the more numerous, though for divergent motives.

  • What are the arguments of the proponents of as little distributed earnings as possible to shareholders? The undistributed earnings to shareholders are a source of self-financing that adds to asset amortization and to allocations to mandatory or exceptional provisions.

Among the proponents of as little distributed earnings as possible, some hold this view chiefly because it seems to them socially just: in their eyes, “growing rich while sleeping” is to be thwarted rather than favored, enterprises’ earnings becoming, in their view, morally positive only if they contribute as quickly as possible to the financing of investments and of job creation. For others, the option of as much self-financing as possible through undistributed earnings imposes itself because it lies in the logic of maximization of capital gain while reducing, or avoiding, the dilution of relative co-ownership shares in non-cooperative companies211. To this is added that self-financing through undistributed earnings opens a wide window for boosting the highest remuneration of top management: “Thanks to us, the gross operating surplus after asset-amortization allowances has risen (will rise) to 15% of capital which, given dividends of 3 to 5% of the same base, releases an after-tax result of at least double, a result on which a substantial share comes back to us”… QED! — this argument is equally usable when the company is a cooperative.

  • What are the arguments of the proponents of as much distributed earnings as possible to shareholders? They are the considerations that lead to the preference for yield capitalism, as distinct from the priority given to capital gain, inevitably créditist so as to fuel, in particular, the development and acquisition of enterprises through leverage212.

All economists rightly agree in considering that wages and interest rates are prices. By contrast, still few are those who likewise see a price in a dividend rate — this rate, relative to the capital whose dividends remunerate the supply and procure in exchange its effective yield. Failing to recognize this utterly factual point avoids confronting an anomaly heavy with consequences: the price of placement in capital is today administered, forced; it is not as fluctuating as the input and output impulses of a systemic regulator must be; it makes for a so-called capitalism whose key rates are rates of interest and not of profit, which is in itself contradictory213. For boards of directors tacitly agree to keep dividends at levels, and along smoothing paths, consistent with the theorization they endorse. Now in that theorization, there is as much gain as possible the moment it comes within reach, and as a result profit is kept from its proper status as a term of a economic exchange that feeds the regulations EPCE and RPP’ of the generator of economic wealth.

  • Under what conditions are the acts of saving and placing prerogatives that civil society exercises freely? Here we give the fiscal answer alone, while first noting that: 1) any amount of placed savings supports economic activity at least as much as the same amount allocated by its owner to the purchase of a consumer or capital good; 2) the exercise by individuals and foundations (among other non-commercial associations) of their prerogatives as savers and placers springs from a freedom all the more manipulated by public authority in that the legislator saw fit to establish tax bonuses and penalties which, besides their management costs, unequally distort what these placements yield ultimately, thereby contributing to making even more arbitrary the price referred to in the preceding paragraph.

When the income tax schedule is the same whether the income is from labor or from placement, fiscal considerations weigh all the less on the placement decisions made by individuals and non-commercial private associations as the schedule in force comes down to a single rate (flat tax). Reducing the rate of the tax paid by enterprises on their earnings — and, all the more, coming to abolish that tax — can be offset by more tax receipts from the tax on placement income.

  • In reality, the tax paid by enterprises on their earnings does not durably fall on the enterprises. Indeed, if this tax is, for example, a third or a quarter of earnings, what happens?

Earnings targets after payment of this tax are coupled to their pre-payment equivalents, the latter being higher by a third or a quarter than the targets net of tax. The margins further upstream of reaching this target (hence costs and selling prices) are calibrated so as to allow this target to be met. In the end — and all the faster the better the enterprise is managed — everything happens as if enterprises re-invoiced to their customers all the taxes to which they are subject. Since enterprises are not, properly speaking, taxpayers in their own right, exempting them from paying a tax on their earnings merely removes a pretense: a fiction that was fiscally convenient but has proved to run counter to the general interest, by helping to make people believe that what enterprises pay to the Treasury relieves citizens by that much — which is false — while prompting many of them to demand ever more coverage by public finances.

  • A tax ruling214 on the taxation of enterprises’ earnings can be addressed to civil society: the public authorities bind themselves to abolish, and to uphold the abolition of, the taxation of earnings of enterprises, through a procedure that prudence advises against immediately coupling with a complete timetable.

As the rate of the tax paid by enterprises on their distributed earnings is lowered, until it reaches zero, the rate of this same tax levied on enterprises’ undistributed earnings is raised, until it becomes wholly confiscatory by being brought to 100% for earnings remaining after tax-exempt allocations to mandatory reserves. In parallel, the rate of the income tax on distributed earnings is progressively adjusted so that it ends up the same as that on labor income215. But this arrangement, especially once it reaches its term, infringes the free exercise of a property right — so it will surely be objected. One will then have to recall, if need be ad nauseam, that:

  • The sole owners of the earnings of commercial companies (in law or in fact) are their shareholders216.
  • In the financing of enterprises, the rise in the proportion of capital — and hence the fall in the proportion of credit — will be favored217; which, joined to a rise in the national stock of capital, will have a positive effect on employment thanks to a better functioning of the EPCE feedback.
  • Inter-enterprise trade will make less use of long payment terms, which will bring it closer to a cash economy — one better immunized against the spread of cash-flow difficulties and insolvencies. For employment, this matters a great deal.
  • Through the tax ruling whose content has just been summarized, popular sovereignty and public power have at their disposal the lever that lets them set in motion the transition from creditism driven by capital gain, an inevitable purveyor of underemployment, towards yield capitalism, better suited to full employment — a capitalism of which cooperatives are naturally part in a free economy, alongside the other entrepreneurial statuses.

Notes

  1. This economist is French; the address from which the paragraph reproduced without any alteration or omission is taken was delivered in French. ↩
  2. The extension of capital gain capitalism at the expense of yield capitalism led Pierre Manent astray when, around the year 2000, he invited his students at the Paris Institute of Political Studies to recall “how the prodigious growth of stock-market capitalization seemed in recent years to be on the way to reconstituting that class of rentiers which the progress of industry and democracy had appeared to have condemned” (Cours familier de philosophie politique, Gallimard, Tel collection, p. 69). This was a contribution to peddling the conflation of rent with capital gain. The growth of stock-market capitalization is a product of, and in return produces, speculation destructive of the common good. This speculation, superadded by pension funds to the speculation whose social contribution is positive (by tending simultaneously toward the yield of a prudent family man and of the widow of Carpentras), procures rent for people who have reached the end of full-time professional activity. The belief that “the progress of industry and democracy” has the effect of eradicating the “class of rentiers” belongs entirely to economic pseudoscience, for three reasons:
    I/ Political economy can be objective only by replacing the distinction of social classes with that of roles, since the same individual — and all the more the same household — fills several roles, and impartiality does not allow one to wish that one be sacrificed for the benefit of another (for example, an employee and shareholder should not normally receive, for each of these titles, remunerations that offset each other, nor see his prerogatives reduced or increased in one of these roles because of the other).
    II/ Each of these roles is a means of exercising economic democracy.
    III/ In all socio-professional categories, estates too weakly made up of placements in shares of capital that pay dividends — that is, rent properly so called — disserve “the progress of industry and democracy.” Democracy, by means of two facts:
    the choice of one placement rather than another is the economic counterpart of the vote cast in elections by universal suffrage;
    to placements in shares of capital are attached voting rights — rights for which it is entirely logical that, even in a cooperative setting where the number of shares per member is capped by statute, one who holds n times more shares has n times more votes than another. ↩
  3. Arbitrary on the labor market through employer contributions; arbitrary on the capital market through self-financing by undistributed earnings; arbitrary on the markets where enterprises make their sales and their margins through many devices of commercial promotion (including gifts, which are not gifts) and, increasingly until now everywhere, with prices less and less comparable. More genuine competition, exclusively in a context of globalization, is highly doubtful, especially under a regime of volatile exchange rates and of priority given to capital gain over yield. ↩
  4. These amortizations are the interest payable to lenders plus the repayments of borrowed principal. When tax receipts cover the totality of public charges, debt amortization included, new public borrowing serves only to finance public investments. In public finance, as in the management of a private association whatever its aim, compressing charges does not necessarily go through cutting investments. In theory and in practice, the distinction between charges and investments is as fundamental as the broader one between flows and stocks. An elected official who says “We must reduce public spending, and therefore accept, for a time, lower public investments” is making a fallacious statement. ↩
  5. Reach this aim by focusing public action on the least wealthy majority as regards “greater prosperity”? And, or first, by reinforcing public aid to the most deprived? The narrowing of the range between the highest and lowest wages net of income tax, as well as between the highest and lowest pay-as-you-go pensions also net of income tax, does not fall within what a budgetary policy is responsible for producing. Raising the prosperity of the least wealthy majority faster than that of the wealthiest minority is better achieved by sorting out the natural responsibilities of the different economic roles than by believing, or letting it be believed, that it suffices to take from the wealthiest to redistribute to the least wealthy. Now this belief, real or feigned, plays a large role in public opinion’s endorsement of the very principle that enterprises pay a tax on their earnings. That liability is nonetheless counterproductive, and it is to be distinguished from the tax levy in the hands of the holders of property income; failing this distinction, too little effort is made to sort out the economic roles — those of enterprises and those of individuals and non-commercial private associations that place in the capital of enterprises are, in particular, different. Public opinion’s endorsement of the very principle that enterprises pay a tax on their earnings will recede once it becomes common to explain why this practice harms full employment, increasing only illusorily the public funds allocable to aid for the most deprived and to other works of collective enrichment. ↩
  6. The fraction of the capital supplied by a single member to a cooperative is capped by statute, generally in the form of a maximum number of shares per member. ↩
  7. A leveraged buyout, LBO, consists in financing a large fraction of a company’s takeover through bank or bond debt. The interest and the principal repayments on this debt are then drawn from the cash of the acquired company. With the many equivalents for stock-market ends, and public over-indebtedness, the occurrence of financial crises that generate economic crises is made inescapable. It is these crises that regulate créditist liberalism, but at the cost of social damage. ↩
  8. There is true capitalism only when the fraction of enterprises’ financial resources (hence of their liabilities) made up of placements in capital is generally greater than that of credit in all its forms (bonds included). Now the logical counterpart of these placements is the distribution of profits whereas the remuneration of the credit service is ensured by the payment of interest. In true capitalism, the major key rate is normally one of profit and not of interest. In creditism, it is the opposite. ↩
  9. See the definition of “tax ruling” on the tax authority’s website. ↩
  10. The mechanism of Guideline 7 belongs to the family of proposals known in the United States as corporate tax integration, which aim to tax business income once rather than at both the corporate and the shareholder level. The U.S. Department of the Treasury, Report on Integration of the Individual and Corporate Tax Systems: Taxing Business Income Once (1992), examined the main variants. It favored a dividend exclusion, which taxes business income once at the level of the enterprise, and rejected the dividends-paid deduction. The American Law Institute’s Reporter’s Study of Corporate Tax Integration (Alvin C. Warren Jr., 1993) recommended a shareholder credit (imputation) that turns the corporate tax into a withholding tax on income distributed to shareholders. Guideline 7 takes the direction opposite to the Treasury’s: earnings are taxed once, at the level of the ultimate taxpayer, at the rate applied to labor income. Its zero rate on distributed earnings amounts to a full dividends-paid deduction, a variant combined with withholding on dividends in the Senate Finance Committee’s 2014 staff study and 2015 working group report (Michael J. Graetz, testimony before the Committee, 17 May 2016). Its rising rate on undistributed earnings has a partial precedent in the U.S. accumulated earnings tax (Internal Revenue Code §§ 531–537), which penalizes earnings retained beyond the reasonable needs of the business. ↩
  11. Let us recall that we reserve the term “shareholder” for any holder of a share of capital (share capital, since it is that of a company), whether or not this share gives access, at its liquidation, to a capital gain (the mere offsetting of monetary erosion through distributions of free shares is not a capital gain), according to whether the shares are negotiable or refundable (cooperatives, mutuals: in French law, companies with member-employees and variable capital). ↩
  12. Françoise and François are shareholders. Since the delivery to civil society of the tax ruling on the taxation of earnings of enterprises, they receive markedly more dividends than before, including as remuneration for the placement in shares of capital of cooperative companies. Moreover, the supply of dividends is: 1) at last accompanied by the indication of a yield rate — the equivalent, for placement in capital, of the APR (TAEG) for credit (see 2.2.1); 2) increasingly often paired with an offer to subscribe to an increase of capital. The improvement in the average yield of Françoise and François’s share portfolio can only have, as consequences: 1) a greater proportion of share placements in their assets; 2) a markedly increased ease for commercial companies — whether agricultural, industrial, or tertiary — in mobilizing capital and creating durable jobs; 3) a retreat of capital-gain mercantilism through the rise of yield capitalism. ↩
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