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1942: Income Taxation

Taxes on income are the most important source of Federal tax revenue. In the fiscal year 1942, income taxes — the individual income tax, the corporation income tax and the corporation excess profits tax — yielded $8,000,000,000, or 60 per cent of total Federal internal revenue and customs. The individual income tax accounted for $3,300,000,000 and the corporation income and excess profits taxes for $4,700,000,000. In 1941, collections aggregated $3,400,000,000, or 47 per cent of total Federal internal revenue and customs; the individual income tax produced $1,400,000,000 and the corporation income and excess profits taxes, $2,000,000,000.

The importance of the income tax in the Federal revenue system was further increased by the Revenue Act of 1942. Budget estimates indicate that changes made in the 1942 Act, together with increases in the level of income, will raise the yield of the individual income tax and the new Victory tax (net of post-war credit claimed for current use) to $7,800,000,000 in the fiscal year 1943 and $13,100,000,000 in the fiscal year 1944, the first full year of operation of the Act. Corresponding figures for corporation income and excess profits taxes (net of post-war credit claimed for current use) are $9,800,000,000 for 1943 and $14,600,000,000 for 1944. Estimated total income taxes of $17,600,000,000 in 1943 and $27,700,000,000 in 1944 will be approximately 74 per cent and 79 per cent, respectively, of total internal revenue and customs.

In response to wartime needs, income taxes are contributing a growing proportion of total Federal revenue.

During the fiscal year 1942, income taxes contributed $529,000,000, or 14 per cent, to estimated total State tax revenue (exclusive of unemployment compensation taxes). In the fiscal year 1941 collections were about $420,000,000.

Massachusetts, Mississippi, and New York made minor revisions in individual income tax rates during 1942. No significant developments occurred in the state corporation income tax field.

Individual Income Tax.

The Revenue Act of 1942 reduced personal exemptions (for taxable years beginning in 1942) from $750 to $500 for single persons and from $1,500 to $1,200 for married persons and heads of families. The credit for dependents was reduced from $400 to $350. Members of the armed forces below the grade of commissioned officer were granted additional allowances in the form of an exclusion from gross income of the first $250 received for active service in the case of a single person and the first $300 received for active service in the case of a married person or head of family.

For the Victory tax, a new element in the income tax system, the exemption for each individual receiving income is $624 regardless of his marital and family status. The exclusions of income for members of the armed forces apply to the Victory tax.

The normal tax rate of the regular income tax was increased from 4 per cent to 6 per cent. The surtax rates, which previously ranged from 6 per cent on the first $2,000 of surtax net income to 77 per cent on the excess over $5,000,000, were increased by the 1942 Act to range from 13 per cent on the first $2,000 to 82 per cent on the excess over $200,000.

The Victory tax became effective Jan. 1, 1943. It is a tax of 5 per cent on the 'Victory tax net income' of every individual after allowance of the fixed exemption of $624. 'Victory tax net income' is gross income in the case of wages, salaries, interest and dividends and net income in the case of rent and business, professional and farm income. A credit may be taken either currently or after the war for part of the Victory tax: for married persons, 40 per cent of the tax, or $1,000, whichever is less; for single persons, 25 per cent, or $500; and for each dependent, 2 per cent, or $100. To the extent that the taxpayer has paid premiums on life insurance, made net repayments of debt, and purchased eligible United States obligations the credit may be taken as a current tax reduction at the time the return is filed.

On wages and salaries collection at source under the Victory tax was begun Jan. 1, 1943. Taxpayers will file their first Victory tax returns as part of their income tax returns due in March 1944. At that time they will receive credit for amounts withheld at source, and if these exceed both the Victory tax and income tax liability, they will receive refunds from the Government.

A ceiling of 90 per cent was placed on the total effective rate of the individual income tax and the Victory tax, by limiting the Victory tax liability to the difference between 90 per cent of net income and the net income tax liability.

Many changes were made by the 1942 Act to achieve greater equity and to improve the administration of the income tax. An allowance for medical and dental expenses is one of the significant features of the Act. The allowance, a deduction in computing net income, is limited to expenses in excess of 5 per cent of the taxpayer's net income but may not exceed $2,500 where a joint return or head-of-family return is filed, or $1,250 in other cases.

Several important measures suggested by the Treasury were not included in the 1942 Act. One of these was that a part of the regular individual income tax be collected at source on wages, salaries, and dividends. The Act as passed restricted such collection at source to wages and salaries under the Victory tax. Three special privileges which the Treasury urged Congress to remove — the tax-exemption of interest from state and local securities, the use of separate returns by husband and wife, and the option of percentage depletion on mines and oil wells — were not eliminated.

To supplement the income tax the Treasury proposed that a tax be levied at progressive rates on consumer spending for goods and services. The spendings tax would have provided personal exemptions of fixed amounts to cover a minimum of necessities and comfort and would not have taxed personal savings. The Congress did not act favorably on the Treasury proposal.

It is estimated that more than 27,000,000 persons will pay a net income tax on 1942 incomes and that, at 1942 income levels, approximately 43,000,000 will be subject to the net income tax or the Victory tax on 1943 incomes. Final figures reveal that 14,710,771 individual income tax returns, including 7,437,307 taxable returns were filed for 1940. Returns with net income showed aggregate net income of $36,300,000,000 and income tax liability of $1,400,000,000. Returns with net income of $5,000 and over accounted for 6 per cent of all returns, 24.5 per cent of the reported net income, and 92.8 per cent of the income tax liability.

Corporation Income and Excess Profits Taxes.

The Revenue Act of 1942 left corporation normal tax rates unchanged but revised surtax rates upward. Corporations with normal tax net income of $25,000 or less are taxed at rates graduated from 15 to 19 per cent. Corporations with normal tax net income over $50,000 are subject to a normal tax of 24 per cent. Corporations in the intermediate bracket — normal tax net income over $25,000 but not over $50,000 — pay a normal tax equal to the sum of $4,250 and 31 per cent of the excess of the corporate normal tax net income over $25,000. Surtax rates were raised to 10 per cent for corporations with surtax net income of $25,000 or less and to 16 per cent for corporations with surtax net income over $50,000. Corporations in the intermediate bracket pay a surtax equal to the sum of $2,500 and 22 per cent of the excess of the corporate surtax net income over $25,000. The surtax rates prior to the passage of the 1942 Act were 6 per cent on the first $25,000 and 7 per cent on the balance of surtax net income.

The excess profits tax has been revised to substitute a flat rate of 90 per cent for the previous rates, which were graduated from 35 per cent to 60 per cent. The invested capital credit allowed in computing excess profits was reduced to 8 per cent on the first $5,000,000, 7 per cent on the next $5,000,000, 6 per cent on the next $190,000,000, and 5 per cent on the balance.

The effect of the higher tax rates is partially offset by other changes in the corporation income and excess profits tax structure. Profits which are subject to the excess profits tax are no longer subject to the income tax. The excess profits tax is limited to an amount which when combined with the income tax (both normal and surtax) is not in excess of 80 per cent of surtax net income prior to deduction of the profits subject to excess profits tax. Provision is made for a post-war refund of 10 per cent of the excess profits tax. Corporations making net repayments of debt may obtain a current excess profits tax reduction not to exceed 40 per cent of the net debt repayment or 10 per cent of excess profits taxes imposed in the year of repayment. The post-war refund for such year is diminished to the extent of the current tax reduction. In addition to the two-year carry-forward of losses and unused excess profits credit previously allowed, a two-year carry-back of losses and unused credit is provided. Full or partial exemption from excess profits taxes is granted under certain circumstances for income from certain mining and timber operations. Taxpayers with abnormally low earnings in one of the base-period years are granted automatic relief under the excess-profits tax. Taxpayers with abnormally low average base-period earnings may apply for special relief in the form of a constructive earnings base to a new division of the Tax Court of the United States.

The privilege of making consolidated income tax returns was granted to closely affiliated corporations, such corporations being subject, however, to an additional tax of 2 per cent on surtax net income. The interrelated capital stock and declared value excess profits taxes were retained, but an amendment permits annual redeclaration of capital stock value.

Further changes were made in the treatment of capital gains and losses (of both individuals and corporations) as well as in the provision imposing income taxes on insurance companies, investment companies, public utilities, and American corporations trading in the Western Hemisphere.

Preliminary statistics of income tax returns for 1940 show that 511,741 corporate returns were filed. Of these, 43,741 were for inactive corporations. The income tax liability was $2,000,000,000 and was levied on the $11,200,000,000 of net income reported on 220,980 taxable returns.

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