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161 IRET Congressional Advisory 1 (2003)

handle is hein.taxfoundation/iretcgadv0158 and id is 1 raw text is: INSTITUTE FOR RESEARCH ON THE ECONOMICS OF TAXATION
IRET is a non-profit 501 (c)(3) economic policy research and educational organization devoted to informing
the public about policies that will promote growth and efficient operation of the market economy.
October 17, 2003                                                                Advisory No. 161
PRESCRIPTION DRUG MEANS TEST
MEANS HIGH MARGINAL TAX RATES
Executive Summary
Means testing has been suggested to bring down the costs of the prescription drug bills. That may
be necessary, but income tests have the effect of imposing severe tax penalties on earning
additional wages or saving for retirement. That is certainly true in the House and Senate drug
plans, which provide special low income benefits (waivers of premiums and deductibles, and
reduced copayments) that are withdrawn as incomes rise.
Similarly, the asset tests in the bills would encourage low income people to spend down, give
away, or hide their excess assets, rather than lose the substantial low income subsidy year after
year. Likewise, the limitation on the catastrophic drug expense benefit for upper middle income
seniors in the House bill would create an implicit marginal income tax rate spike and discourage
work effort. Plans by the House-Senate conference on the bills to add additional upper income
means testing would exacerbate these effects.
Consider a participant under the Senate bill whose income is $12,906 (135% of the projected 2006
poverty level), and who spends $4,500 on drugs:
  If he earned an extra $2,400 or withdrew that amount from an IRA, he would lose $2,571 in
waivers of low income premiums and copayments. That's an implicit tax of 107 percent of
the added income.
  If his drug spending were at the catastrophic spending threshold of $5,813, he would lose a
$3,752 subsidy by earning $2,400 more income, an implicit tax rate of 156%.
For upper income seniors, the out-of-pocket requirement for triggering catastrophic benefits under
the House bill rise by $8,100 as income grows from $60,000 to $200,000, an implicit add-on
marginal tax rate of 5.83%. With federal and state income taxes and the payroll tax, working
seniors could be paying 43 percent to 50 percent tax on their added income.
Many Medicare recipients choose not to work, and those with very high requirements for
prescription drugs may be too ill to work even if they wanted to. Nonetheless, the added
disincentive effect of high implicit tax rates under the catastrophic drug feature could discourage
others who wish to work from doing so. The presence of means testing also dis-rewards those
who save for retirement.

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