The tax avoidance threshold: around 50%
June 3rd, 2010 at 5:57 pm ETIn Megan McArdle’s post “Why We Can’t Just Keep Raising Taxes on the Rich”, she notes that there’s a marginal tax rate beyond which tax avoidance behaviors start to be more attractive, and that that rate (empirically speaking) seems to be in the vicinity of 50 percent:
Paying more than half their income in taxes violates most people’s sense of fairness. More importantly, the higher the marginal rate, the bigger the payoff from tax avoidance–and the more you can afford to pay smart tax lawyers while still coming out ahead yourself.
I think this is probably right on both counts. A decade or more ago I knew people who relocated to Florida and New Hampshire solely for tax reasons, and I thought they were insane, but the older I get and the more I start thinking about retiring someday (yes, I know, ack!), the less sure I am. I instantly got more interested in tax avoidance when I moved from Georgia (a very low-tax state) to New York City (subject to a high New York state rate, a separate New York City income tax, and on top of that an “unincorporated business tax” seen nowhere else that feels incredibly punitive to those of us new to the city). I haven’t done anything about it, except at the margins (incrementally more charitable giving, and so forth), but you can bet that if someone came to me and said “for a thousand bucks a year in perpetuity, I’ll give you a legal way to cut your tax burden by X percent” or whatever, I’d at least buy them a cup of coffee and hear about it. And, for the record, I’m not even “rich”!
None of this means I don’t appreciate the benefits of living in a high-tax, high-service jurisdiction like New York. I moved here on purpose, for a number of good reasons, and wanting to experience life in a place with a strong social contract (excellent public services and community amenities, and one of America’s strongest social safety nets) was one of them. But they call New York expensive because it is expensive, and even in New York (a place where, a year or so ago, millionaires supported in public a proposal to slap a surtax on their incomes to cover the budget gap in basic services, even as some of them unsuccessfully lobbied in private to kill it), there’s a limit to how high you can turn up the dial.
As McArdle notes, we’re pulling ever closer to that 50% threshold, so watch out.




Rich Mintz blogs on online fundraising and social media, American history and culture, bicycling and urbanism, food, technology, and other topics. Professionally, he's an expert in fundraising, constituency development, and social media for nonprofits, cultural organizations, cause-related marketers, and corporations. He is based in New York, where he serves as Vice President, Strategy, for 