Memorandum by Professor Iain McLean (LGR
33)
LAND TAX: OPTIONS FOR REFORM
EXECUTIVE SUMMARY
This submission to your inquiry into
the current Balance of Funding Review is to be read in parallel
with that from Professor John Muellbauer.[16]
Our research, starting from different points and addressed to
different problems, has coincided in a recommendation that the
UK must take taxation of land values seriously as a possible solution
to the widely acknowledged problems of the existing property tax
regime.
Arguments for land tax in the UK
are venerable, going back two centuries to Tom Paine and David
Ricardo. The arguments for it were set out by Henry George in
the 19th century. George's arguments are economically sound, and
they deserve better than his current reputation as a crank. Chancellor
David Lloyd George attempted to introduce taxation of land values
in the 1909 and 1914 Budgets but was defeated first by the House
of Lords and then by World War I.
It is both efficient and fair to
tax economic rent. Economic rent on land is the amount it earns
over and above that which it could earn in its next best use.
This principle is endorsed by the standard text on the UK tax
system, coauthored by Mervyn King, now the Governor of the Bank
of England.
Land tax is fair because most of
the economic rent from land arises from the activities of public
bodies, such as supplying utilities and granting planning permissions.
It is efficient because it is one of the least economically distorting
of all taxes. Unlike current and some past taxes, it does not
suppress desired economic activity. It should be set at a zero
level on agricultural land earning no economic rent, with a minimum
taxable threshold of perhaps £20,000 per hectare.
The well-known problem of the "asset-rich,
cash-poor taxpayer" could be met by making the tax liability
on a freehold house deferrable until the house is sold.
The existing taxes that are in part
land taxes are Council Tax, Uniform Business Rate, Stamp Duty,
Inheritance Tax, Capital Gains Tax, and S 106 Agreements under
the Planning Act 1990. All are defective for this purpose.
The recent Barker Review of housing
supply in the UK acknowledges that the tax regime contributes
to its undersupply. It discusses the disadvantages of taxes on
land transactions, but fails to draw the logical conclusion that
the appropriate tax is on land values, not on transactions.
The required data and software to
implement land value taxation exist. In 1914 they did not.
Property taxation acts as a macroeconomic
stabiliser, but also as a source of local revenue. Therefore some
at least of the proceeds of property taxation should fund the
delivery of local services. Because it would be more robust than
the present portfolio, land value taxation would help ameliorate
the balance of funding of local and central government.
1. INTRODUCTION
The ODPM-led Balance of Funding Review was constituted
in summer 2003 and is to report in summer 2004. Its remit to explore
the balance of funding between central and local government has
become more urgent as political protests against above-inflation
rises in Council Tax in 2003-04 have led all parties to explore
alternatives to the current local taxation regime. The ODPM Select
Committee has announced an inquiry into these issues and has been
collecting evidence. This paper explores whether a form of land
taxation could substitute for Council Tax and Uniform Business
Rate in whole or in part. More detailed information on the problems
of the present local tax regime, and fuller details of my proposals,
are in my jointly-authored pamphlet New Localism, New Finance
(McLean and McMillan 2003). This pamphlet has been submitted to
the Balance of funding Review group and is now submitted to your
Committee as further background evidence.
The next section traces arguments for land tax
since the French Revolution. It shows that land taxation is both
fair and economically efficient. Section 3, Could a land tax
work? concludes that it could.
2. CLASSICAL
ARGUMENTS: PAINE,
RICARDO, THE
TWO GEORGES
2.1 Tom Paine (1737-1809)
In his Agrarian Justice (1797) Paine
proposed:
To pay to every Person, when arrived at the Age
of TWENTY-ONE YEARS, the Sum of FIFTEEN POUNDS Sterling, to enable
HIM or HER to begin the World!
Ten pounds Sterling per Annum during life to
every Person now living of the Age of FIFTY YEARS, and to all
others when they shall arrive at that Age, to enable them to live
in Old Age without Wretchedness, and go decently out of the World
(Paine 1797/1995, p 409).
Agrarian Justice is a short manifesto
addressed to the Directory which then governed France. Paine takes
from John Locke the basic idea that in the state of nature all
property is held in common. But:
Man, in a natural state, subsisting by hunting,
requires ten times the quantity of land to range over, to procure
himself sustenance, than would support him in a civilized state,
where the earth is cultivated . . . [B]ut it is nevertheless true,
that it is the value of the improvement only, and not the earth
itself, that is individual property. Every proprietor therefore
of cultivated land, owes to the community a ground-rent
. . . and it is from this ground rent that the fund proposed in
this plan is to issue (Paine 1797/1995, pp 417-8).
Paine goes on to calculate national wealth and
mortality rates, using UK data from Prime Minister Pitt the Younger's
budget of 1796, plus some (heroic) actuarial assumptions about
life expectancy. He assumes life expectancy of 30 at age 21, the
age at which people are treated as entitled to receive settlements
and therefore the age at which each would get his or her £15
citizen's stake to begin the world. He notes that fewer than half
the babies born reach that age. He therefore assumes that 1/30
of those over 21 die in any one year, and that 1/30 of the (privately-held)
assets in the economy change hands each year. The same proportion
of national wealth is therefore available annually for redistribution,
which Paine proposes to do by a 10% inheritance tax. He calculates
that this would suffice both for his £15 endowment and his
old age pensions.
Thus the Paine scheme begins by being a land
tax based on Lockean ideas, but ends up as an inheritance tax
on all assets, real and personal. There are three components to
the argument.
1. Land was originally an unowned common-pool
resource. It is therefore legitimate for the community to tax
it. This argument itself comes in two varieties. One comes
direct from Locke's Second Treatise of Government, Chapter
V on property ("And a King of a large and fruitful Territory
there [among the Native Americans] feeds, lodges, and is clad
worse than a day Labourer in England"Locke, 2nd
Treatise § 41). Therefore, according to Paine, private appropriation
of land is acceptable because it improves productivity: but
the state retains the right to tax land that has been removed
from the common stock. The second justification of land tax came
from the French Physiocrats, who maintained that the soil is the
sole source of wealth and the only proper object of taxation.
2. There is no natural right to bequeath,
nor to inherit. Inheritance tax is therefore morally justified.
Land reform was a common theme of the French and American Enlightenments.
Reformers in both countries tried to sweep away the old rules
of inheritance after their respective revolutions. The most eloquent
of these reformers was Thomas Jefferson. According to Jefferson,
as the dead cannot bind the living, all contracts should be void
after 19 years.
3. It is legitimate to levy capital
taxes on personal as well as real property. This is Paine's
really original move:
Personal property is the effect of Society;
and it is as impossible for an individual to acquire personal
property without the aid of Society, as it is for him to make
land originally. Separate an individual from society, and give
him an island or a continent to possess, and he cannot acquire
personal property (Paine 1797/1995, p 428).
In other words, personal property can only exist
because of the norms and conventions of law and exchange. These
are social constructs. Therefore the society which makes them
possible has a right to tax them. This argument was used in the
UK between 1909 and 1914. It is time to revisit it.
2.2 David Ricardo
David Ricardo (1772-1823) refined and formalised
the ideas of the Physiocrats. In On the Principles of Political
Economy and Taxation (1817), Ricardo expounded his conception
of rent with wonderful clarity:
Rent is that portion of the produce of the earth,
which is paid to the landlord for the use of the original and
indestructible powers of the soil. It is often, however, confounded
with the interest and profit of capital, and, in popular language,
the term is applied to whatever is annually paid by a farmer to
his landlord. If, of two adjoining farms of the same extent, and
of the same natural fertility, one had all the conveniences of
farming buildings, and, besides, were properly drained and manured,
and advantageously divided by hedges, fences and walls, while
the other had none of these advantages, more remuneration would
naturally be paid for the use of one, than for the use of the
other; yet in both cases this remuneration would be called rent.
But it is evident, that a portion only of the money annually to
be paid for the improved farm, would be given for the original
and indestructible powers of the soil; the other portion would
be paid for the use of the capital which had been employed in
ameliorating the quality of the land, and in erecting such buildings
as were necessary to secure and preserve the produce. (Ricardo,
Principles, ch 2, cited from http://www.econlib.org/library/Ricardo/ricP.html).
Ricardo was the founder of classical economics.
But he was also the godfather of Marxian and Georgeite economics.
Rent invariably proceeds from the employment of an additional
quantity of labour with a proportionally less return, argues
Ricardo later in the same chapter:
The rise of rent is always the effect of the
increasing wealth of the country, and of the difficulty of providing
food for its augmented population. It is a symptom, but it is
never a cause of wealth; for wealth often increases most rapidly
while rent is either stationary, or even falling. Rent increases
most rapidly, as the disposable land decreases in its productive
powers. Wealth increases most rapidly in those countries where
the disposable land is most fertile, where importation is least
restricted, and where through agricultural improvements, productions
can be multiplied without any increase in the proportional quantity
of labour, and where consequently the progress of rent is slow
(ibid.)
Therefore, for Ricardo, land rents were inherently
monopolistic. Landowners as landowners contributed nothing,
unlike suppliers of capital and of labour, to the productive economy,
and their rents rose inversely with prosperity. An abundant factor
of production commands a zero rent. Under perfect competition,
rents from capital and labour will tend to zero. Ricardian rents
from land will not.
2.3 Henry George and David Lloyd George.
Ricardo's theory of rent helped to mobilise
the Anti-Corn Law League and the Repeal of the Corn Laws in the
1840s. But what seem to be the logical implications of Ricardian
rent theory for taxation were not drawn until two generations
later.
In 1871, Henry George (1839-97) was a journalist
in a San Francisco which was growing with astonishing speed thanks
to the Gold Rush. Land and railroad owners were making conspicuous
monopoly profits. The Central Pacific Rail Road controlled all
overland traffic from the East, and its proprietors had extracted
monopoly rents from the US people, via the US Congress, in the
legislation empowering them to build the western end of the intercontinental
railroad. (They were less straightforwardly crooked than their
Midwest partners the Union Pacific, who bought up Congress with
UP stock). George started to write what became Progress and
Poverty (George 1879/[1911]). He opposed private property
in land. However, Progress and Poverty advocates land taxation
rather than land nationalization. George observes:
The best tax by which the public revenues can
be raised is evidently that which will closest conform to the
following conditions:
1.
That it bear as lightly as possible upon productionso
as least to check the increase of the general fund from which
taxes must be paid and the community maintained.
2.
That it be easily and cheaply collected, and fall
as directly as may be upon the ultimate payersso as to
take from the people as little as possible in addition to what
it yields the government.
3.
That it be certainso as to give the least
opportunity for tyranny or corruption on the part of officials,
and the least temptation to law-breaking and evasion on the part
of the taxpayers.
4.
That it bear equallyso as to give no citizen
an advantage or put any at a disadvantage, as compared to others
(George 1879/[1911], p.290).
Note that these Georgeite principles of efficient
and equitable taxation go beyond, and are detachable from, the
Ricardian theory of rent. They are obviously compatible with Ricardo,
but one could support George's principles of optimal taxation
(as for instance do Kay and King 1990, ch. 12 passim, esp. at
p. 179) without being committed to full-dress Ricardianism.
In the last decade of his life George became
closely identified with what his followers have always called
"the single tax" (Barker 1955, p 509). They argued,
not just that land should be taxed, but that only land
should be taxed. This was to regress from Ricardo to the Physiocrats,
and has unfortunately given the followers of Henry George a cranky
reputation which has prevented their ideas from being taken as
seriously as they deserve to be.
Henry George had far more influence on British
and American policy than did Karl Marx. He visited Ireland and
Britain during the Irish land campaign and British agricultural
depression in 1881-82 and 1884-85. His ideas spread to the Liberal
and Irish parties, and to some Labour and Conservative thinkers
as well. They reached their apogee in Lloyd George's two budgets
of 1909 and 1914. In the 1909 budget, Lloyd George introduced
taxation of land values, to be implemented when a land valuation
register was ready. This had inflamed the Duke of Buccleuch, but:
[A] fully-equipped Duke costs as much to keep
as two Dreadnoughtsand they are just as great a terrorand
they last longer.
Anticipating (and helping to provoke) the House
of Lords' rejection of the budget, Lloyd George went on
The question will be asked "Should 500 men,
ordinary men chosen accidentally from among the unemployed, override
the judgmentthe deliberate judgmentof millions of
people who are engaged in the industry which makes the wealth
of the country?" That is one question. Another will be, who
ordained that a few should have the land of Britain as a perquisite;
who made 10,000 people owners of the soil, and the rest of us
trespassers in the land of our birth[?]. . . These are the questions
that will be asked. The answers are charged with peril for the
order of things the Peers represent; but they are fraught with
rare and refreshing fruit for the parched lips of the multitude
. . . (At Newcastle upon Tyne, October 10, 1909, quoted by Jenkins
1968, p 94).
These arguments descend from Paine, Ricardo,
and Henry George. Others echoed them. In reading the quotation
below, note not only who first said it in 1909, but who revived
it in 2003.
Roads are made, streets are made, services are
improved, electric light turns night into day, water is brought
from reservoirs a hundred miles off in the mountains and
all the while the landlord sits still. Every one of those improvements
is effected by the labour and cost of other people and the taxpayers.
To not one of those improvements does the land monopolist, as
a land monopolist, contribute, and yet by every one of them the
value of his land is enhanced. He renders no service to the community,
he contributes nothing to the general welfare, he contributes
nothing to the process from which his own enrichment is derived.
(Winston Churchill, 1909, quoted by Barker 2003, p 116).
In 1909 Winston Churchill was a Liberal minister.
His Georgeite speech was made in the Commons in defence of his
colleague Lloyd George's budget. In 2003 Kate Barker, a business
economist and member of the Monetary Policy Committee of the Bank
of England, was commissioned by Chancellor Gordon Brown to report
on the stickiness of the housing market in the UK and to propose
remedies. The analytical chapter from which the quotation comes
carries all the implications of an argument in favour of land
tax, although in her recommendations Barker rejects land tax on
the grounds that betterment taxes have always failed. So they
have; but betterment taxes are not the same as land taxes. The
next section of this paper argues that land tax could work.
The land tax campaign of 1909-14 failed. By
1914 the register of land holdings was still not ready. Lloyd
George returned to land taxation in his 1914 Budget, relying on
his capacity for brilliant improvisation to work out the details.
However, the outbreak of World War I put paid to land tax in the
UK. Discussion has only restarted in a serious way since 2003.
The Liberal Party has retained a commitment to "site value
rating", but in 2004 its successors, the Liberal Democrats,
dropped that commitment, for domestic property, in favour of replacing
Council Tax by local income tax.
3. COULD LAND
TAX WORK?
The standard text on the UK tax system, one
of whose authors is now the Governor of the Bank of England, insists
that "the underlying intellectual argument for seeking to
tax economic rent retains its force" (Kay and King 1990,
p. 179). Since 1947, land use in the UK has depended on its planning
status. If a field is zoned for agriculture, it is worth a few
thousand pounds per hectare. If it is zoned for business, it may
be worth millions of pounds per hectare. Land value taxation is
efficient (because it does not distort the incentives to develop
land) and equitable (because it returns some of the economic rent
to the people who created it, namely the local authority and its
electors). Henry George recognised both of these properties. Tom
Paine recognised the second. As Kay and King explain (p 181):
Suppose the award of planning permission increases
the value of a plot of land from £5,000 to £1 million.
Then even if the resulting gain were taxed at 90%, the developer
would still be better off by almost £100,000 using the land
for housing than retaining it for agricultural purposes. Substantial
incentives to bring projects forward would remain.
There are two main objections: the expectation
that the tax would not be permanent, and the costs of assessment.
Property interests have always sat out past attempts at land taxation.
This happened not only in 1909 and 1914, but also, as Barker (2003,
Box 7.3) notes, in 1947, 1967, 1974, and 1985. On each occasion
property owners had an incentive to delay transactions in the
hope that their lobbying against the legislation would succeed.
On each occasion, they did succeed. The inference to draw is not
Barker's inference that land taxation is unfeasible. It is that
any tax should be a tax on capital value, not a tax on transactions.
The second objection to land value taxation
is the difficulty of assessment. This is less of a problem than
it seems. The same difficulty faces both business rates and council
tax, the two taxes that land value tax would replace (in whole
or in part). Both of these taxes are linked to valuations that
rapidly go out of date. Council tax bands are determined by houses'
value in 1991. The next Council Tax revaluation is not due until
2007. The base for Uniform Business Rate is revalued only every
five years. The more time that elapses between valuations, the
more those whose assets have risen in relative value have an incentive
to block revaluation. It was just such a revolt against rating
revaluation in the 1980s that led to the Poll Tax.
Enough houses change hands every year that the
capital value of every house in the land could be calculated annually.
Estate agents do it all the time, in their ordinary business.
Therefore there is no reason why a public sector valuer (the existing
Valuation service or a successor) could not do the same. Commercial
and industrial property changes hands less often, so that annual
valuation of every parcel of land may not be feasible. But this
is not an insuperable objection. At worst a government could stick
with the existing five-yearly revaluation, which could be updated
whenever a sale took place. A good deal of detailed work would
be required in order to calculate the correct taxation basis when
land is leased rather than sold (and any prospect of a land value
tax would give owners an incentive to sell leases rather than
freeholds). So land value taxation is not an option for tomorrow.
But it could be an attractive option for 2009, the centenary year
of the People's Budget. A National Land and Property Gazetteer
is already being constructed, by uniting databases from the Ordnance
Survey, the Royal Mail, and local and central government. In principle
it can identify every taxable hereditament in the UK. And it is
not a snooper's charter, because it contains information only
about places, not about people.
A third objection, currently politically salient,
is that any property tax including land tax penalises the "asset-rich
but cash-poor"who in current debate are characterised
as "Devon pensioners". The first, robust, answer, is
that Devon pensioners should face the real opportunity cost of
continuing to live in large houses, and they have the options
of taking in lodgers or trading down to smaller houses. A softer
answer is that the tax liability on a freehold house could be
deferred if the householder cannot pay, and become a charge on
the estate when the house is sold. Local authorities would be
able to borrow against this debt owed to them, and would therefore
not be deprived of a cash flow.
Land tax would be a tax on land value, or more
strictly on the economic rent deriving from land value. Therefore
it should be levied at a zero rate at land that has no value above
baseline agricultural usea zero rate band up to £20,000/hectare
has been proposed. Above that, it would not depend on whether
land had a planning permission, but on whether the market believed
that it would get planning permissionthus it would catch
speculative appreciation in land values on urban fringes. A fourth
objection is therefore that if it is partly a local tax (which
on balance I think it should be), land tax gives local authorities
an incentive to permit sprawling developments and US-like malls
from which the 1947 system protects the UK. The answer to that
objection is that councils, like Devon pensioners, should face
the true opportunity cost of their decisions. And so should the
people they represent. Refusing development comes at a cost which
at present local citizens do not bear. They should face the open
choice: Permit development and face lower local tax rates,
or refuse it and face higher local tax rates. The ballot box
should decide.
This argument works both ways. If an authority
proposes a development that reduces land valuessay an incinerator
or a tannery next to a housing estateit is right that those
who take the decision should face the true costs in a reduced
land tax income flow.
Finally, as a land tax would tax Ricardian rents,
it must be a tax on that portion of the produce of the earth,
which is paid to the landlord for the use of the original and
indestructible powers of the soil, to repeat Ricardo's words.
Therefore it is a tax on land, not on the structures that sit
on the land. This means that a future valuation regime would have
to separate those two. In the case of houses, that is both fair
and uncomplicated. Every Sunday the papers tell you what improvements
add value to your house and what do not. In the case of commercial
and industrial premises, it is admittedly more complicated. However
it is done in Denmark and some parts of the USA.
To get a feeling for the magnitudes involved,
Table 1 reproduces the latest (Budget 2004) UK official estimates
of the current yield of each tax.
Table 1
UK GOVERNMENT: CURRENT RECEIPTS
£ billions
| Outturn
2002-03
| Estimate
2003-04 | Projection
2004-05
|
Inland Revenue Income tax (gross of tax credits)
| 112.6 | 119.1 | 127.8
|
Social security contributions | 64.6
| 72.2 | 77.7 |
Corporation tax | 29.5 |
28.7 | 34.8 |
Tax credits | -3.4 | -4.8
| -4.1 |
Petroleum revenue tax | 1.0
| 1.2 | 1.0 |
Capital gains tax | 1.6 |
1.2 | 1.5 |
Inheritance tax | 2.4 | 2.5
| 2.8 |
Stamp duties | 7.5 | 7.5
| 9.4 |
Total Inland Revenue (net of tax credits) |
215.8 | 227.6 | 251.0
|
Customs and Excise Value added tax | 63.5
| 69.7 | 73.1 |
Fuel duties | 22.1 | 22.8
| 24.4 |
Tobacco duties | 8.1 | 8.1
| 8.1 |
Spirits duties | 2.3 | 2.4
| 2.4 |
Wine duties | 1.9 | 2.0
| 2.0 |
Beer and cider duties | 3.1
| 3.2 | 3.3 |
Betting and gaming duties | 1.3
| 1.3 | 1.3 |
Air passenger duty | 0.8 |
0.8 | 0.9 |
Insurance tax premium | 2.1
| 2.3 | 2.4 |
Landfill tax | 0.5 | 0.6
| 0.6 |
Climate change levy | 0.8 |
0.8 | 0.8 |
Aggregates levy | 0.2 | 0.3
| 0.3 |
Customs duties and levies | 1.9
| 1.9 | 1.9 |
Total Customs and Excise | 108.7
| 116.4 | 121.6 |
Vehicle excise duties | 4.6
| 4.7 | 4.9 |
Oil royalties | 0.4 | 0.0
| 0.0 |
Business rates | 18.5 | 18.7
| 19.1 |
Council tax | 16.7 | 18.6
| 19.7 |
Other taxes and royalties | 10.9
| 12.3 | 13.2 |
Net taxes and social security contributions
| 375.6 | 398.2 | 429.4
|
Accruals adjustments on taxes | -0.3
| 3.0 | 0.8 |
Less own resources contribution to European Communities (EC) budget
| -4.4 | -4.5 | -3.7
|
Less PC corporation tax payments | -0.1
| -0.1 | -0.1 |
Tax credits adjustment | 1.1
| 0.5 | 0.6 |
Interest and dividends | 4.5
| 4.1 | 4.9 |
Other receipts | 19.8 | 20.3
| 22.7 |
Current receipts | 396.2 |
421.5 | 454.7 |
| | |
|
Source for Table 1: Budget 2004, Financial Statement
& Budget Report (London: HM Treasury 2004), Table C8.
Table 1 shows that tax proceeds on capital transactions are
low, whereas even under the existing regime tax proceeds on (purported)
land values are much higher. In the former class, IHT, Capital
Gains Tax, and Stamp Duty jointly yielded £11.5 billion (0.03%
of receipts) in 2002-03. In the latter class, business rates and
council tax jointly yielded £35.2 billion (0.09% of receipts).
Neither class of taxation comes anywhere near capturing the
windfall gains of which Winston Churchill spoke in 1909, nor anywhere
near recouping any of them for the public sector. Consider the
case of transport improvements, for example. The Jubilee Line
Extension, from Green Park to Stratford, was commissioned in the
early 1990s for completion in time for the opening of the Millennium
Dome, at its North Greenwich station. Because it was common knowledge
that government credibility depended on its opening by 1 January
2000, suppliers of both capital and labour to the project extracted
huge rents, and its costs overran hugely (for that and other reasons).
Nevertheless, studies by Transport for London show that, even
at the bloated costs incurred, the Jubilee Line Extension could
very easily have been financed by a land tax. Property values
adjacent to its stations rose hugelyby £2.8 billion
at Southwark and Canary Wharf alone. Even at stations not on the
Extension, property values rose by more than the general rate.
People living near Stanmore station at the other end of the line
had a new means of getting conveniently to other parts of Londonnot
only to the Dome, but also to Southwark and Canary Wharf. However,
the UK government not only failed to extract any tax revenues
from the uplift at Canary Wharf, it actually offered the area
an undeserved and instantly capitalised tax break in the shape
of stamp duty exemption for sales of commercial properties in
"deprived wards" (McLean and McMillan 2003, ch 3).
Transport improvements cost money. The commonest source of
land value gain, however, costs nothing except staff wages: namely,
planning permissions for changes from a low-rent land use (such
as agriculture) to a high-rent use (such as an out of town shopping
centre). Here, the economic rent is created because planning law,
for basically benign reasons, deliberately creates a scarcity.
Left to themselves, market forces might produce a suburban Britain
that looks like suburban America. Almost nobody at any point of
the political spectrum wants that. Therefore, since 1947, there
have been tight zoning restrictions on land-use planning in the
UK. However, there has been too much sentiment and too little
hard-headedness about the economic and social issues involved
in the 1947 regime, which is still in place. The 1947 regime is
very indulgent to farmers, which was appropriate after the blockades
and food shortages of both World Wars, but no longer is. It produced
socially desirable policies such as Green Belts by command-and-control,
not by price signals.[17]
And, although nobody wants an unregulated market in land use,
a regulated market would so far outperform the present command-and-control
regime that a robust land tax could produce a higher yield, at
a lower rate in the £, than the existing UBR and Council
Tax.
At present the UK has a raft of bad land taxes. They include
Council Tax; business rates; Stamp Duty; IHT and CGT to the extent
that they catch increases in land values (which is not much, as
those who benefit can pay for sophisticated tax advice); and,
probably worst of all, Section 106 Agreements. The last are agreements
between a developer and a locally authority whereby the developer
agrees to contribute to some socially desired outcome (such as
subsidising social housing or urban transport) in return for the
grant of planning permission. S.106 agreements are the worst sort
of disguised taxation. They are extremely costly to both developers
and local authorities; and the gains they produce are in no way
commensurate to the cost. A simple auction of planning permissions
would do far better. A tax levied on land value (and not
on transactions, as IHT, CGT, Stamp Duty, and the abortive 1947,
1967, and 1974 land taxes all were) would be better yet.
4. CONCLUSION: IMPLEMENTING
PAINE
Tom Paine's argument is sound. Landowners accrue monopoly
rents, which society has a right to tax for two reasons: first,
that Ricardian rents should be taxed even if they arise without
policy intervention; second, that policy interventions confer
windfall gains, which it is appropriate for the community to tax.
Paine assumed that the right tax was inheritance tax, but this
can be queried. It is unpopular; it is a tax on transactions,
not on wealth; it is easy to evade. Death is an involuntary transaction,
unlike those that trigger liability to CGT and Stamp Dutybut
a taxpayer with foresight can give away assets before death in
order to mitigate IHT liability.
Nothing in Paine's argument implies that IHT is the only
appropriate tax, and Henry George succinctly gives the reasons
why land tax is both the most efficient and the most equitable.
It is efficient because it is hard to evade and because it minimally
distorts economic activity. It would have beneficial effects on
UK housing supply, as Barker's evidence shows, even though she
shies away from that conclusion herself.
Admittedly, its transaction costs can be high, but these
have to be incurred already for the existing tax regime of council
tax and business rates. Also, the formal incidence of land tax
lies on landowners, whereas the formal incidence of business rates
lies on occupiers. In economic theory, this difference matters
not at all, for the reasons given by Kay and King (ch. 1 passim).
In practice it would create considerable problems of transition,
because UK business premises are typically let on long leases
with upward-only rent reviews. A tax change that transferred liability
from occupiers to freeholders would in the long run be neutral
because rent agreements would change to accommodate it. But there
would have to be some (perhaps messy) transitional arrangements.
The official numbers given in Table 1 show that the yield
of the existing (bad) land taxes is high. Better taxes, which
stimulated real economic activity where the present tax regime
suppresses economic activity (in the case of S.106 agreements)
and encourages bubbles (in the case of Council Tax), could yield
more while costing less (as a percentage of economic activity
involving land). Policymakers have an opportunity to implement
Tom Paine's dream. Which is also the dream of David Ricardo, Henry
George, and Lloyd George. What better way than that could there
be to mark the centenary of the People's Budget in 2009?
REFERENCES
Barker, C A (1955). Henry George. New York: Oxford
University Press.
Barker, K (2003). Review of Housing Supply: Securing our
Future Housing Needs. Interim ReportAnalysis. London:
HM Treasury.
George, Henry (1879/[1911]). Progress and Poverty,
Everyman Edition. London: J M Dent.
Jenkins, Roy (1968). Mr Balfour's Poodle 2nd ed. London:
Collins.
Kay, J A and King, M (1990). The British Tax System
5th edn. Oxford: Oxford University Press.
McLean, I and Mcmillan, A. (2003). New Localism, new finance.
London: NLGN
Paine, Thomas (1797/1995). Agrarian Justice. In T.
Paine, The Rights of Man, Common Sense, and Other Political
Writings ed. M Philp. Oxford: Oxford University Press.
16
B/P 12-Property and Land, Taxation and the Economy-John Muellbauer,
Nuffield College, Oxford Paper for the Joseph Rowntree Foundation
[available from the Committee Office]. Back
17
Another telling citation from Barker refers to the late 1940s
and early 1950s, when the Green Belt proposed by the 1943 Abercrombie
Plan for green space in and round London had been implemented,
but Abercrombie's idea of inner-urban parks on cleared bomb sites
had succumbed to development pressures: "Children playing
in London's increasingly busy streets, and without most of the
new local parks that [Abercrombie] had promised, could console
themselves with the thought that 10 or 15 miles away there was
a belt of agricultural land that they would never be able to spoil"
(S Inwood quoted by Barker 2003, p 36). Back
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