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Do Rubio and Lee have a secret plan to help poor families?

A key change in the tax plan proposed by Senators Marco Rubio and Mike Lee would be very advantageous for low-income households compared with the original Lee plan and, to a lesser extent, current law.

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J. Scott Applewhite/AP/File
Sen. Marco Rubio, R-Fla., right, accompanied by Sen. Mike Lee, R-Utah, outline their ideas for a new tax plan during a news conference on Capitol Hill in Washington, Wednesday, March 4, 2015.

In its analysis of the听tax reform plan proposed recently by Senators Marco Rubio (R-FL) and Mike Lee (R-UT), the Tax Foundation assumed the proposal would make the new听personal credit ($2,000 for singles and $4,000 for married couples) fully refundable.听This assumption helps explain why the group concluded the Lee-Rubio plan would be听.

Full refundability would be a significant departure from an earlier plan put forward by Senator Lee that the Tax Policy Center. It would be equivalent to a cash transfer payment that every adult could receive even if they had no income or tax liability鈥 they鈥檇 just need to file a return and claim it.

This change would be very advantageous for low-income households compared with the original Lee plan and, to a lesser extent, current law.听 However, the staffs of senators Lee and Rubio have not confirmed to us that the plan would make the credit refundable and there is no indication in the听听that this is true. In contrast, the document describes in detail the portion of the proposed additional child tax credit that is refundable.

A fully refundable personal credit would be a radical change. It would cause millions of Americans with no earnings and no other reason to file to become tax filers purely for purposes of claiming the credit.听 (In contrast, most recipients of the refundable Earned Income Tax Credit would file tax returns to claim a refund of withheld taxes even if there were no EITC.)

Such a credit also would create the potential for significant tax fraud since people would only need to possess a Social Security Number to be eligible. 听Without third-party reporting to establish eligibility for the credit, this provision would be very difficult for the IRS to enforce.

That said, while such a refundable personal credit has no precedent in US tax law, large unconditional cash payments have been proposed before.听 Conservative icon Milton Friedman听鈥攂asically a flat tax with a large refundable tax credit鈥攁s a replacement for welfare programs that discouraged work.

The Fair Tax, a national retail sales tax that some conservatives advocate as a replacement for other federal taxes, would include a听鈥攊.e., cash grant鈥攊ntended to offset the effect of the sales tax on families with incomes at or below the poverty level.听 However, critics have听听that the prebate would be 鈥渢he largest entitlement program in American history.鈥

It鈥檚 possible that Senators Lee and Rubio intended to propose such a radical and expensive new cash transfer program, but it would be a big change to the tax law and it's one that deserves to be fully fleshed out in their written plan.

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