STATEMENT
of the
Honorable Nydia M. Velázquez
Hearing on Tax Code Reforms: What Has Been Accomplished and
What Remains to be Done
House Committee on Small Business
July 23, 2003


Thank you, Mr. Chairman.

Small businesses are the engine of this economy. They are key to our recovery. Unfortunately, they face many challenges today, including inequities in federal contracting, health care, federal regulations - and the U.S. tax code.

Small businesses account for 44 percent of all federal revenue, yet they must deal with the upfront cost of taxes in addition to high compliance costs. With regard to tax compliance, there is a substantial gap between costs to large and small firms. The costs per employee for small businesses topped the costs for large firms by 114 percent.

The tax code does not have to operate in a manner to stifle growth. It can be used as tool to ensure that this nation's small business are able to offer quality health care and comprehensive retirement plans to their employees, as well as provide incentives to re-invest their cash back into their businesses.

However, the current tax code has done more to impede small business growth, than encourage it. This stems from the complexity of the tax code as well as the IRS' continual failure to address the impact its rules and regulations have on small businesses. As a result, small businesses are left to outsource their complex tax work, which is extremely costly.

Earlier this year, this Committee looked at the ways the IRS has consistently failed to comply with the Regulatory Flexibility Act. Today, we will look beyond the regulatory structure and examine how we can change the Internal Revenue Code to account for the needs of small businesses.

Not only has the IRS failed to address the needs of small businesses in issuing their rules and regulations, but Congress has also failed to consider the adverse effects that the tax code has on small businesses. Too often, our laws - though well-intended - unfairly harm small businesses because of the one-size-fits-all approach. We must hold ourselves accountable for the burden that we place on small businesses and rectify these inequities.

In 2001, National Small Business United released a groundbreaking report entitled, "The Internal Revenue Code: Unequal Treatment Between Large and Small Firms." This report reinforced what small businesses had been claiming for years - the U.S. tax system fails them.

This study showed how the Internal Revenue Code unfairly puts small businesses at a disadvantage in comparison to large firms and outlined reforms for fixing the system. Whether it is deductibility of health care for the self-employed, expensing meals and entertainment, or standard home office deductions - small businesses aren't able to reap the same benefits as their corporate counterparts.

This tax report was a tremendous step forward in exposing the unfairness this system poses for small businesses today. I was so impressed it that I made sure every Member of Congress received a copy.

However, to get the changes suggested in this report passed into law, small businesses need the support of the administration. In March 2002, President Bush released his small business agenda, promising that he would simplify the tax code and provide small businesses with the relief they need. Although the administration voiced its commitment to helping small businesses get the tax relief they have long been asking for, recent moves have shown just the opposite.

The 2003 tax cut is a perfect example. The President had a $350 billion pie with which to provide at least offer some tax relief to small businesses. Instead, the bulk of the bill was aimed at providing tax relief to large corporations in the form of a dividend tax cut.

The small business relief that was in the tax cut was completely inadequate. The two provisions specifically aimed at small businesses - the bonus depreciation and increased expensing - both expire after only a few years. And not one of the proposals in the NSBU report was passed into law. Small businesses deserve better.

Today's hearing is an opportunity to assess the real impact of the U.S. tax code on our nation's small businesses. The president claims that a reduction in the top rate is a reduction in taxes for small business owners. However, the 2001 cuts failed to impact the growth of small business and the acceleration of these tax cuts in the 2003 package will do little to enhance the prosperity of small business owners and their employees.

It is possible to use targeted tax cuts to create investment without having a cost to the budget. This is why we must take a close look today at the changes that can help small businesses, which are such a driving force in strengthening our economy. Now more than ever, we need to be able to depend on our small businesses - and we cannot afford to continue letting them carry these unfair burdens.


House Small Business Committee Democrats
B343-C Rayburn HOB
Washington, D.C. 20515
(202) 225-4038