But for a plan that promises such a utopia, the problems with the FairTax are legion. The FairTax plan creates new taxes, new taxpayers, and new tax collectors. The stated rate of the FairTax is too low to achieve the promised revenue neutrality. The amount by which it is claimed prices would fall under a FairTax system has been grossly exaggerated. There is nothing to prevent an income tax from being reinstituted, giving us a two-headed hydra of an income tax and a consumption tax. The institution of a FairTax would not abolish the IRS – if there were no IRS then why would businesses bother to collect a national sales tax? The FairTax’s monthly prebate would put all Americans on the dole – from Bill Gates on down – and require a vast welfare apparatus to oversee its payment. The FairTax has unknown and potentially huge transition costs. The FairTax double-taxes the savings of retirees who worked their whole life and paid taxes and then need to begin spending the money accumulated in their after-tax savings accounts. And not only would the FairTax require state and local governments to pay a national sales tax to the federal government on all their purchases, the federal government would have to pay sales taxes to itself on all its new purchases. How ludicrous is that? Since I have already written extensively about the problems with the FairTax, and that is not the focus of my talk, I will stop with its problems here and focus on why the FairTax, like the Flat Tax, is not true to its name.
So why is the FairTax not fair? Well, first of all, what’s fair about a consumption tax? Why is it that people who rightly criticize the income tax are so quick to accept a national sales tax on consumption? The FairTax perpetuates the fallacy that the government has a right to confiscate a percentage of the value of each new good sold and every service rendered. This is no different than claiming that the government has a right to the portion of each American’s income. As the late economist Murray Rothbard explained:
The consumption tax, on the other hand, can only be regarded as a payment for permission-to-live. It implies that a man will not be allowed to advance or even sustain his own life, unless he pays, off the top, a fee to the State for permission to do so. The consumption tax does not strike me, in its philosophical implications, as one whit more noble, or less presumptuous, than the income tax.
The FairTax is also not fair because of the rate. What is fair about the government taking a 30 percent cut on every transaction? I know the FairTaxers claim that the rate is only 23 percent, but when I buy an item for $1.00 and end up paying $1.30, the basic math I learned in elementary school tells me that I paid a tax rate of 30 percent. But regardless of whether the rate is 23 or 30 percent, why should the bloated, pork-laden leviathan we call the U.S. government get anywhere near this much of our income? And finally, maintaining that the FairTax is a "fair" tax system, or one that is "fairer" than our current system, is highly subjective. Neal Boortz himself even acknowledges this in his newest book on the FairTax: "Whether a tax system is ‘fair’ is a complicated economic and philosophical question, one that inevitably involves oversimplification and subjective judgment."