This article is part of a series on |
Taxation in the United States |
---|
United Statesportal |
The marriage penalty in the United States refers to the higher taxes required from some married couples with both partners earning income that would not be required by two otherwise identical single people with exactly the same incomes. There is also a marriage bonus that applies in other cases. Multiple factors are involved, but in general, in the current U.S. system, single-income married couples usually benefit from filing as a married couple (similar to so-called income splitting), while dual-income married couples are often penalized. The percentage of couples affected has varied over the years, depending on shifts in tax rates.
Parts of this article (those related to the US tax code after 2017) need to be updated.(June 2024) |
The US tax code fixes different income levels for passing from one marginal tax rate to another, depending on whether the filing is done as a single person or as a married couple. For lower incomes, the transition points for married couples are twice those for single persons, which benefits a couple that gets married if their incomes are sufficiently different. This is equivalent to "income splitting", meaning that the tax due is the same as if the two persons use the schedule for single persons, but with each declaring half the total income. At higher incomes, this equivalence is lost but there is still an advantage if the two incomes are sufficiently different.
If the incomes of the two persons are similar, then at the lower end of the tax schedule there is no difference between filing as singles and filing as a married couple (ignoring the question of deductions, see below). But at the higher end of the tax schedule, there is a penalty for a married couple whose incomes are similar, compared to what they would pay as singles.
For example, the following chart shows the US federal tax rates for 2013:
Marginal tax rate [1] [2] [3] | Single | Married filing jointly or qualified widow(er) | Married filing separately | Head of household |
---|---|---|---|---|
10% | $0 – $8,925 | $0 – $17,850 | $0 – $8,925 | $0 – $12,750 |
15% | $8,926 – $36,250 | $17,851 – $72,500 | $8,926 – $36,250 | $12,751 – $48,600 |
25% | $36,251 – $87,850 | $72,501 – $146,400 | $36,251 – $73,200 | $48,601 – $125,450 |
28% | $87,851 – $183,250 | $146,401 – $223,050 | $73,201 – $111,525 | $125,451 – $203,150 |
33% | $183,251 – $398,350 | $223,051 – $398,350 | $111,526 – $199,175 | $203,151 – $398,350 |
35% | $398,351 – $400,000 | $398,351 – $450,000 | $199,176 – $225,000 | $398,351 – $425,000 |
39.6% | $400,001+ | $450,001+ | $225,001+ | $425,001+ |
Under these tax rates, two single people who each earned $87,850 would each file as "Single" and each would pay a marginal tax rate of 25%. However, if those same two people were married, their combined income would be exactly the same as before (2 * $87,850 = $175,700), but the "Married filing Jointly" tax brackets would push them into a higher marginal rate of 28%, costing them an additional $879 in taxes.
In the most extreme case, two single people who each earned $400,000 would each pay a marginal tax rate of 35%; but if those same two people filed as "Married, filing jointly" then their combined income would be exactly the same (2 * $400,000 = $800,000), yet $350,000 of that income would be taxed as the higher 39.6% rate, resulting in a marriage penalty of $32,119 in extra taxes ($16,100 for the 39.6% bracket alone, plus the remainder is due to the higher phase out of the lower brackets.) Using the formulas for 2016 income, if both persons have a taxable income X greater than $415,050 then as singles each would pay 0.396X−$43830.05, whereas if they were married filing jointly they would pay 2(0.396X)−$54333.70, so they lose 2($43830.05)−$54333.70 or $33,326.40. [4]
In some couples, the greater earner may benefit from filing as married, while the lesser earner from not being married. For example, consider two single people, one with an income of $100,000 (and therefore paying a marginal rate of 28%) and the other with no income (and therefore paying no income tax). By being married and filing jointly, the $100,000 earner reduces his/her bracket to the 25% rate, receiving a "marriage bonus" for a net tax savings of $364, while the nonearner goes from the 10% bracket to the 25% bracket on the first dollars earned upon entering the workforce.
It can be shown [5] [6] that it is mathematically impossible for a tax system to have all of (a) marginal tax rates that increase with income, (b) joint filing with (full) income splitting for married couples, and (c) combined tax bills that are (entirely) unaffected by two people's marital status. Partial income splitting models allow only a part of the income to be transferred among spouses in order to balance such criteria.
The US tax code allows taxpayers to claim deductions (such as charitable contributions, mortgage interest, or payments for state taxes) on their income. Taxpayers can choose either an automatic standard deduction or else can choose to itemize their deductions. Two single people filing separate returns can each choose the deduction policy that benefits them more, but a married couple filing a single return will both be forced to use the same method (Title 26 U.S. Code §63(c)(6)(A)). For example, if one person has no significant deductions, the person can take the standard deduction ($12,400 as of 2020). A different person, who has, for example, $15,000 in itemizations (such as charitable contributions), they would be better off itemizing deductions since the standard deduction is much less.
If the two people were allowed to file separate tax returns, then each can claim the deduction policy that benefits them the most, and their total combined deduction would be $27,400 ($12,400 + $15,000). However, if the two people are combined on one "Married, filing jointly" tax return, then they would be forced to choose either itemizing their deductions ($15,000 combined) or else using the standard deduction ($12,400 per person, $24,800 combined). Either way, the married couple would receive less deductions than two otherwise identical single people with exactly the same income.
On the other hand, being married can result in less tax. If one person earns twice the sum of the standard deduction ($24,800 a year) and the other earns nothing, the wage earner would pay 10% (tax year 2020) of his total income as tax as a single, but as a couple their taxable income would be zero so they would pay no tax.
In connection with other taxation issues in the United States, one concern is that these marriages are subsidizing one-earner/one-nonearner parent couples in Social Security and Medicare benefits. [7] For example, in social security and Medicare, two-earner couples pay taxes that create a surplus or at least pay for their own benefits (and receive reduced benefits such as reduced survivor benefits), while one-earner couples pay insufficient taxes that create a deficit and receive an extra, unfunded benefit of 50% or more in Social Security (i.e., a total of 150% or more), and 100% or more in Medicare (i.e. a total of 200% or more).
This problem is exacerbated by the fact Social Security and Medicare taxes are collected only on wage income, passive income such as capital and property earnings are exempt, and benefits are progressive. This means that the chief tax burden for the programs is carried by two-earner families with wages that range between the mid-range and the cap and these families also receive fewer benefits than any other family structure or set-up.
Proposals to "raise the cap" will continue to place an extra burden on 2-earner families where each partner has earned income (not capital gains or other property-based income that is exempt from the tax).
The Affordable Care Act added a tax on passive income and capital gains to support Medicare [ citation needed ] but it is not known if this is sufficient to prevent the heavy burden faced by two-earner families in subsidizing sole breadwinner families and especially the burden faced by two-earner families with wages between the mid-range and the cap. No such tax is yet imposed to support progressivity in Social Security benefits.
The Tax Policy Center also sees the current "marriage bonus" for sole breadwinners as the chief tax expenditure of the Bush tax cuts and a key contributor to the Federal debt. [8]
The International Monetary Fund has called for the United States, Portugal and France, all countries with significant sovereign debt, to eliminate their practices, including income splitting, that charge 2-earner families higher taxes over single income families (whether married or not). [9]
The marriage penalty can be even worse in cases where one spouse is not a citizen or resident of the United States [ citation needed ]. Although that spouse cannot be required by US law to pay US taxes, since the US person is still required by law to file taxes on worldwide income, two choices are left. The US person may either file as 'Married Filing Separately' (or 'Head of Household' if they have at least one qualifying person who is not their spouse) or try to convince their spouse to voluntarily pay US income taxes on their income by filing a joint return. The former requires using the 'Married Filing Separately' or 'Head of Household' tax brackets, which are less beneficial than 'Married Filing Jointly'. [10] [1] [2] The latter allows that person to use the more favorable 'Married Filing Jointly' tax brackets but requires paying tax on the non-US person's income, which would not be required for two otherwise identical single people.
The United States has separate federal, state, and local governments with taxes imposed at each of these levels. Taxes are levied on income, payroll, property, sales, capital gains, dividends, imports, estates and gifts, as well as various fees. In 2020, taxes collected by federal, state, and local governments amounted to 25.5% of GDP, below the OECD average of 33.5% of GDP.
In the United States, Social Security is the commonly used term for the federal Old-Age, Survivors, and Disability Insurance (OASDI) program and is administered by the Social Security Administration (SSA). The Social Security Act was passed in 1935, and the existing version of the Act, as amended, encompasses several social welfare and social insurance programs.
Under United States tax law, itemized deductions are eligible expenses that individual taxpayers can claim on federal income tax returns and which decrease their taxable income, and are claimable in place of a standard deduction, if available.
According to the United States Government Accountability Office (GAO), there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges. These rights were a key issue in the debate over federal recognition of same-sex marriage. Under the 1996 Defense of Marriage Act (DOMA), the federal government was prohibited from recognizing same-sex couples who were lawfully married under the laws of their state. The conflict between this definition and the Due Process Clause of the Fifth Amendment to the Constitution led the U.S. Supreme Court to rule DOMA unconstitutional on June 26, 2013, in the case of United States v. Windsor. DOMA was finally repealed and replaced by the Respect for Marriage Act on December 13, 2022, which retains the same statutory provisions as DOMA and extends them to interracial and same-sex married couples.
A Roth IRA is an individual retirement account (IRA) under United States law that is generally not taxed upon distribution, provided certain conditions are met. The principal difference between Roth IRAs and most other tax-advantaged retirement plans is that rather than granting a tax reduction for contributions to the retirement plan, qualified withdrawals from the Roth IRA plan are tax-free, and growth in the account is tax-free.
Payroll taxes are taxes imposed on employers or employees, and are usually calculated as a percentage of the salaries that employers pay their employees. By law, some payroll taxes are the responsibility of the employee and others fall on the employer, but almost all economists agree that the true economic incidence of a payroll tax is unaffected by this distinction, and falls largely or entirely on workers in the form of lower wages. Because payroll taxes fall exclusively on wages and not on returns to financial or physical investments, payroll taxes may contribute to underinvestment in human capital, such as higher education.
Tax brackets are the divisions at which tax rates change in a progressive tax system. Essentially, tax brackets are the cutoff values for taxable income—income past a certain point is taxed at a higher rate.
The United States federal government and most state governments impose an income tax. They are determined by applying a tax rate, which may increase as income increases, to taxable income, which is the total income less allowable deductions. Income is broadly defined. Individuals and corporations are directly taxable, and estates and trusts may be taxable on undistributed income. Partnerships are not taxed, but their partners are taxed on their shares of partnership income. Residents and citizens are taxed on worldwide income, while nonresidents are taxed only on income within the jurisdiction. Several types of credits reduce tax, and some types of credits may exceed tax before credits. Most business expenses are deductible. Individuals may deduct certain personal expenses, including home mortgage interest, state taxes, contributions to charity, and some other items. Some deductions are subject to limits, and an Alternative Minimum Tax (AMT) applies at the federal and some state levels.
Section 1 of the Internal Revenue Code, titled "Tax Imposed" is the law that imposes a federal income tax on taxable income, and sets forth the amount of the tax to be paid. A similar tax on corporations is set forth in IRC §11.
Head of Household is a filing status for individual United States taxpayers. It provides preferential tax rates and a larger standard deduction for single people caring for qualifying dependents.
The United States Internal Revenue Service (IRS) uses forms for taxpayers and tax-exempt organizations to report financial information, such as to report income, calculate taxes to be paid to the federal government, and disclose other information as required by the Internal Revenue Code (IRC). There are over 800 various forms and schedules. Other tax forms in the United States are filed with state and local governments.
Income splitting is a tax policy of fictionally attributing earned and passive income of one spouse to the other spouse for the purposes of assessing personal income tax, thus reducing tax rates paid by the spouse who earns more and increasing rates paid by a spouse who earns less.
Under United States federal income tax law, filing status is an important factor in computing taxable income. Filing status depends in part on marital status and family situation.
The United States federal earned income tax credit or earned income credit is a refundable tax credit for low- to moderate-income working individuals and couples, particularly those with children. The amount of EITC benefit depends on a recipient's income and number of children. Low-income adults with no children are eligible. For a person or couple to claim one or more persons as their qualifying child, requirements such as relationship, age, and shared residency must be met.
The Tax Relief and Health Care Act of 2006, includes a package of tax extenders, provisions affecting health savings accounts and other provisions in the United States.
The alternative minimum tax (AMT) is a tax imposed by the United States federal government in addition to the regular income tax for certain individuals, estates, and trusts. As of tax year 2018, the AMT raises about $5.2 billion, or 0.4% of all federal income tax revenue, affecting 0.1% of taxpayers, mostly in the upper income ranges.
Taxes in Germany are levied at various government levels: the federal government, the 16 states (Länder), and numerous municipalities (Städte/Gemeinden). The structured tax system has evolved significantly, since the reunification of Germany in 1990 and the integration within the European Union, which has influenced tax policies. Today, income tax and Value-Added Tax (VAT) are the primary sources of tax revenue. These taxes reflect Germany's commitment to a balanced approach between direct and indirect taxation, essential for funding extensive social welfare programs and public infrastructure. The modern German tax system accentuate on fairness and efficiency, adapting to global economic trends and domestic fiscal needs.
In general, the United States federal income tax is progressive, as rates of tax generally increase as taxable income increases, at least with respect to individuals that earn wage income. As a group, the lowest earning workers, especially those with dependents, pay no income taxes and may actually receive a small subsidy from the federal government.
The economics of marriage includes the economic analysis of household formation and break up, of production and distribution decisions within the household. It is closely related to the law and economics of marriages and households. Grossbard-Shechtman identifies three approaches to the subject: the Marxist approach, the neo-classical approach and the game theoretic approaches. Marital status has a positive influence on economic status. There is a marriage prime for males that the wage of married males is 15% higher than the wage of never married male. The Uniform Marital Property Act issued clause on the distribution of marital property and individual property. The Uniform Premarital Agreements Act offers clauses to guide two spouses to make an agreement on distribution of rights and obligations before marriage.
Shared earning/shared parenting marriage, also known as peer marriage, is a type of marriage where partners at the outset agree to adhere to a model of shared responsibility for earning money, meeting the needs of children, doing household chores, and taking recreation time in near equal fashion across these four domains. It refers to an intact family formed in the relatively equal earning and parenting style from its initiation. Peer marriage is distinct from shared parenting, as well as the type of equal or co-parenting that father's rights activists in the United States, the United Kingdom and elsewhere seek after a divorce in the case of marriages, or unmarried pregnancies/childbirths, not set up in this fashion at the outset of the relationship or pregnancy.