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Thomas Piketty, Emmanuel Saez · In A. Auerbach, R. Chetty, M. Feldstein and E. Saez (eds.), Handbook of Public Economics, Vol. 5, Amsterdam: Elsevier-North Holland, ch. 7, pp. 391-474
Optimal Labor Income Taxation
18 problems found: 1 major · 3 moderate · 14 minor
What the paper claims
- Optimal linear income tax tau = (1 - gbar)/(1 - gbar + e) (revenue-maximising 1/(1+e); median-voter (1 - zm/Z)/(1 - zm/Z + e)); with an 'empirically realistic' aggregate elasticity e = 0.25 the theory delivers rates at or above actual average tax rates.
- Optimal top-bracket rate tau = (1 - g)/(1 - g + a*e), revenue-maximising 1/(1 + a*e) when g = 0; the US top tail is Pareto with a slightly below 1.5, so the zero-top-rate result is irrelevant; the formula is general (heterogeneous preferences, discrete/continuous populations) and is the asymptote of the Mirrlees schedule.
- With compensation bargaining/rent-seeking, tau* = (1 + a*e_b)/(1 + a*e); because cross-country evidence shows no growth effect of top-rate cuts, rent-seeking 'likely' drives the top-share/top-rate correlation, so optimal top rates 'might be substantially larger than what it commonly assumed (say, above 80% rather than 50-60%)'; 'in our view, this is the right model' for the quasi-confiscatory 20th-century top rates.
- Evidence on top incomes: (i) large short-run responses to tax reforms are all avoidance/retiming, and no tax-reform study shows large real responses; (ii) long-run cross-country and US time-series correlations imply a large elasticity of top incomes to the net-of-tax rate; (iii) because the US correlation also holds for income including realized capital gains, income shifting 'cannot be the main channel' of the long-run correlation.
- International migration: with migration only, T(z)/(z - T(z)) = (1 - g)/eta_m; adding migration to the top-rate formula gives tau = 1/(1 + a*e + eta_m); the migration elasticity of all top earners is likely below .25 for most countries, so migration does not drastically change the top rate, while preferential schemes for foreigners are beggar-thy-neighbour.
- Nonlinear schedule and transfers: T'(z)/(1 - T'(z)) = (1/e)(1 - G(z))(1 - H(z))/(z h(z)) gives U-shaped marginal rates rising at the top; with intensive responses the optimal bottom phase-out rate is high, (g0 - 1)/(g0 - 1 + e0), also in the continuous Mirrlees model (App. A.2); with extensive responses an in-work benefit (negative bottom rate, EITC-type) is optimal when g1 > 1.
- Avoidance and income shifting: with sheltering into a base taxed at t, tau = [1 + t(e - (Y/Z)e_Y)]/(1 + e); closing loopholes (t = tau) makes only the real elasticity relevant, tau = t = 1/(1 + e_Y); shifting between labor and capital bases pulls their optimal rates together.
- Extensions and limits of welfarism: tagging, Atkinson-Stiglitz (Laroque-Kaplow proof), in-kind transfers, family taxation, relative income; generalized social marginal welfare weights 'contain as special cases virtually all' situations; equal-opportunity weights equal to the low-background share among earners (top rate (1 - g)/(1 - g + a*e) with g the low-background fraction of top earners) and mobility-based weights provide 'an objective, non-ideological basis' for welfare evaluation.
Every problem found
1majorconfirmed · previously known · overclaiming
The chapter suggests the best top income tax rate might be above 80%, because cutting top rates did not seem to boost economic growth across rich countries. But when the authors' own statistical analysis is re-run, the data turn out to be far too noisy to tell. They are about as consistent with a best rate in the mid-60s, close to the conventional view the chapter questions, as with one near 100%. The '80%-plus' figure is a hypothesis, not a finding.
Technical detail and evidence
Why it matters, in detail. In tau* = (1 + a e3)/(1 + a e) with a = 1.5 and e = 0.5, the split of e into a real part e1 and a bargaining part e3 = e - e1 is identified only through the growth coefficient beta = pi*e1. The preferred estimate (beta = 0.0083) has an HC1 standard error of 0.017 (0.036 clustered), so e1 is not distinguishable from 0 or from about 0.4, and the test's minimum detectable e1 (0.3-0.5) exceeds the 0.2 threshold separating 'above 80%' from lower rates. Treating 'no detectable effect' as e1 of about 0 mechanically assigns the whole total elasticity to e3. Within the interval, the optimum ranges from about 64% to 100% (point estimate 93%). Any upward bias in the total e from confounders inflates e3, and thus the rate, further. This is not a test that can discriminate the bargaining model from the standard model.
Evidence. Adjudicator's independent Python translation of PSS international.do (15 Nov 2012) on AllCountries_update_pre75.dta (scripts/pss_reproduce.py; output/pss_table2_reproduction.csv) reproduces PSS (2014) Table 2 to three decimals, as Auditor A also found. Preferred specification (country FE, trend, trend x initial GDP), 1981-2010: beta = 0.0083, HC1 s.e. 0.0173, country-clustered s.e. 0.0364, N = 540. PSS's conversion e1 = beta/pi with pi = 0.10 (PSS 2014, p. 257) gives e1 = 0.08 with a 95% CI of [-0.26, 0.42] (HC1) or about [-0.6, 0.8] (clustered, 18 clusters). Minimum detectable e1 at 80% power (HC1): 0.48 (1981-2010), 0.38 (1960-80), 0.30 (1960-2010). Implied tau* (a = 1.5, e = 0.5): 93% at e1 = 0.08, 83% at 0.2, 64% at 0.42, 57% at 0.5. Across PSS's five specifications for 1981-2010, beta runs from -0.098 to +0.037; the latter (country FE, no convergence term) has HC1 p = 0.049 (implying e1 of about 0.37 and tau* of 68%) but is insignificant with clustered s.e. (0.055). For 1960-2010 the preferred beta is -0.018 (p = 0.09). Even e1 = 0.2 implies only about 3% higher GDP from the US 1960-2009 cut (dlog(1 - tau) of about 1.5), below what such panels can detect. PSS themselves write that 'the standard error around this estimate is large', that the identifying assumption is 'very strong' and that the estimates are 'not fully robust to the choice of time period' (PSS 2014, pp. 257-258). Better-identified US time-series evidence (Mertens & Montiel Olea 2018, QJE 133(4)) finds that top-rate cuts raise real GDP and incomes below the top 1% and that 'explanations based on avoidance or rent-seeking alone cannot explain' this (their elasticities are short-run). Auditor B reproduced the same regressions with clustered intervals and judged that they 'do not pin down a zero real response or the rent component', but declined to count this as an issue because of the hedged wording.
Why this severity. The >80% figure is the chapter's main quantitative policy suggestion on top rates beyond the standard formula. It rests on an unvalidated parameter whose range in the authors' own data (e1 from about 0 to 0.42 even with optimistic standard errors) maps into optimal rates from about 64% to 100%, a range that includes the '50-60%' view the chapter says may be too low. Eq. (8) itself is correct and the sentence is hedged, so the finding is unestablished rather than refuted, which is why this is major rather than critical.
The authors' response. PSS (2014, pp. 257-258) concede the large standard error, the 'very strong' identifying assumption and sensitivity to the period, and present the result only as 'more consistent with' the bargaining model. The chapter itself adds that 'more compelling empirical identification would be very useful' (p. 434) and that 'little empirical evidence can bear on the issue' (p. 428). No reply to Mertens & Montiel Olea (2018) was located.
2moderateconfirmed · newly identified here · internal inconsistency
The chapter proposes valuing top earners according to how many of them come from poor backgrounds. But its formula forgets to compare that share with the share of poor-background people in the whole population. As a result, even in a society with perfectly equal opportunity it would call for top tax rates of 60-70%, where its own principle calls for none. A later paper co-written by Saez makes the comparison correctly.
Technical detail and evidence
Why it matters, in detail. Omitting the 1/pi factor biases the top-bracket weight g toward zero and tau toward the revenue-maximising rate 1/(1 + a e). With pi = 0.5, Pr(low | top) = 0.17, a = 1.5 and e = 0.25, the chapter's method gives 68.9% instead of 63.8%. The p. 464 transition-probability proposal gives 72.6%. In the equal-opportunity limit it gives 57-73% instead of 0. The qualitative limiting result (g = 0 if nobody from a low background reaches the top) is unaffected.
Evidence. Algebra re-derived by the adjudicator (Auditor B's derivation confirmed). If earnings are independent of background (perfect equality of opportunity), the correct weight is 1 everywhere and tau = 0. The printed formula gives g = 0.5 and tau = 57% (a = 1.5, e = .25), and the p. 464 proposal with Pr(top 1% | low) = 0.01 gives 72.5%. With US mobility data, Pr(low | top 1%) = 0.170 (Saez & Stantcheva 2016, AER 106(1), Table 2, col. 1, from Chetty et al. 2014). The chapter's method then gives g = 0.17 and tau = 68.9% at e = .25 (52.5% at e = .5). The normalized weight 0.34 gives 63.8% (46.8%). The p. 464 transition-probability version (Pr(top 1% | low) of about 0.0034) gives 72.6%. Saez & Stantcheva (2016, pp. 39-41) define the weight as the 'representation index' (the low-background share relative to its population share) and report 47% at e = 0.5. In effect, the later paper co-authored by Saez normalizes correctly. The passage is identical in all three versions.
Why this severity. A substantive conceptual error, not a typo, in a secondary normative extension. It can prescribe a large positive top rate where the stated criterion implies none, and it inflates rates by about 5-9 percentage points with realistic mobility data. It does not touch the chapter's core formulas or calibrations.
The authors' response. No direct response. Saez & Stantcheva (2016, AER 106(1), Sec. IV.A and Table 2) use the normalized representation index, implicitly correcting the normalization.
3moderatelikely · previously known · methodology
The authors argue that the surge in top incomes after tax cuts was not just the rich relabelling income to avoid tax, because the same pattern appears when capital gains are counted. But in the 1960s much of the income of the rich was kept inside their companies, which those tax statistics barely capture. Using the authors' own later and more complete income data, about half of the apparent response to tax rates disappears. That fits money being moved around rather than newly earned.
Technical detail and evidence
Why it matters, in detail. Suppose about 0.25 of the 0.56 fiscal-income elasticity reflects top-1% income moving out of corporate retained earnings and into the personal base as individual top rates fell. In PSS's notation that is e2, not zero as the chapter infers. Then the comprehensive-income elasticity is about 0.31 (PSZ 2018), or about 0.23 in the 2022 vintage. With a = 1.5, e = 0.5, and e2 = 0.25 shifted to a base taxed at t = 0.35, PSS's formula tau = (1 + t a e2 + a e3)/(1 + a e) gives about 79% for e1 = 0.08 and about 65% for e1 = 0.25. If retained earnings could be taxed at tau, the relevant e would fall and tau would rise. Either way, the realized-gains comparison does not establish that shifting is not a main channel. The post-1960 US time-series evidence is not robust to a linear trend.
Evidence. Adjudicator's computation (scripts/us_concepts_check.py) uses PSZ (2018, QJE) Data sheet columns 102 (top-1% fiscal income, equal-split adults), 67 (pre-tax national income) and 253 (top-1% retained earnings, % of national income), with the US top statutory rate from PSS usdata.dta (83.7% in 1962-64, 35% in 2005-09). Long-run elasticity dlog(share)/dlog(1 - MTR), 1962-64 to 2005-09: fiscal income 9.47% to 20.47%, e = 0.56; pre-tax national income 12.75% to 19.48%, e = 0.31; pre-tax national income minus top-1% retained earnings 8.70% to 18.20%, e = 0.54 (0.51 if retained earnings are also removed from the denominator). The top 1%'s retained earnings fell from 4.05% to 1.28% of national income, which accounts for about 83-91% of the gap between the two elasticities. The 2022 PSZ vintage gives 0.23 (pre-tax, 1960-64 to 2005-09) against 0.53 (fiscal income incl. KG, tax units). US time series, Newey-West(8) (scripts/us_timeseries_check.py): 1913-2008 elasticities of 0.25-0.30 with or without a trend (reproducing PSS 2014 Table 1), but 1960-2008 elasticities of 0.45-0.47 without a trend turn to -0.12 with one, both including and excluding gains. Over 1962-2010 the DINA-based elasticities fall to between -0.10 and +0.03 once a trend is added. PSS (2014, note 26): 'the correlation disappears when additional polynomials in time are added as identification is based solely on time series variation.' Auditor A's figures are reproduced exactly; Auditor B made the conceptual point (realized gains do not make the measure comprehensive) without quantifying it.
Why this severity. The issue removes one link in the argument for high rates: that the long-run elasticity of about 0.5 is not avoidance. On a comprehensive income concept that elasticity is about 45% smaller. Its effect on the optimal rate is ambiguous: higher if the corporate-retention margin can be closed, roughly 65-79% rather than above 80% if it cannot. So it qualifies rather than overturns C3-C4.
The authors' response. The chapter's own note 72 describes the retained-earnings channel, and PSS (2014, note 26) acknowledge the time-series fragility. No direct response located. The interpretation depends on PSZ's allocation of retained earnings by equity ownership, itself an imputation.
4moderateplausible · previously known · speculative assumption
The chapter's simple formula for the best top tax rate assumes a single measured response captures everything that matters. Later research argues it may miss how high taxes discourage people from building skills or chasing top careers, and how that also reduces other tax revenue. Some studies put the best rate nearer 50% than 73%, though another finds about 80%. The formula's numbers are less certain than they look.
Technical detail and evidence
Why it matters, in detail. Eq. (7) is exact given the total elasticity of top-bracket taxable income. The policy-relevant elasticity, however, includes long-run career and human-capital responses and assignment re-sorting, and revenue effects on lower brackets and other bases enter the first-order condition directly (tau = (1 - a2 e2 - a3 e3)/(1 + a1 e1) in BHL). Calibrated dynamic models move the revenue-maximising top rate from 73% to about 49% (BHL) or about 62% (SW), while a model with income risk gives about 79% (KK). The uncertainty is two-sided but large relative to the apparent precision of 1/(1 + a e).
Evidence. Badel, Huggett & Luo (2020, EJ 130(629)): revenue-maximising top rate about 49% against the 'established' 73%. Their decomposition (1 - 4.508*0.040 - 0.120*0.739)/(1 + 1.7*0.317) = 47.5% (65.0% without cross-base terms) was recomputed by Auditor B and the adjudicator. Scheuer & Werning (2017, QJE 132(1), Sec. 5.2): with Diamond-Saez parameters, the superstar adjustment raises e to 0.4 and the rate falls to 62%. Jones (2022, JPE 130(9)): worker-welfare-maximising top rate 9% in the benchmark against 91% for revenue maximisation ignoring innovation. Counter-evidence: Kindermann & Krueger (2022, AEJ:Macro 14(2)) find 79% in a life-cycle model with uninsurable earnings risk.
Why this severity. This is a robustness concern whose impact is model-dependent and contested: plausible alternatives move the illustrative 73% to anywhere between about 49% and 79%. The formula is exact for its stated sufficient statistics, and most of the critiques post-date the chapter.
The authors' response. The chapter acknowledges that long-run responses are hard to estimate (note 35) and that elastic education choices imply lower optimal rates (Sec. 6.6). No direct reply to Badel-Huggett-Luo, Scheuer-Werning or Jones located.
5minorconfirmed · newly identified here · internal inconsistency
The paragraph describing the chapter's key international chart was copied from an older version of a related paper that used different years. As a result it misdescribes four countries and rounds the main number up. The chart itself, and its main number, are correct.
Technical detail and evidence
Why it matters, in detail. The long-difference cross-country elasticity (0.47, s.e. 0.11) reproduces. Only the verbal reading is wrong, and it hides two counterexamples: France and the Netherlands cut top rates by 17-19 points and saw falling top shares.
Evidence. Independent reproduction (scripts/pss_reproduce.py; output/fig5a_country_changes.csv). France cut its top rate by 17.2 points (comparable to the Netherlands' 18.5 and Australia's 18.6), with a top-1% share change of -0.93 points. Finland's top rate changed by -8.1 points and its top share by -1.82 points. The Netherlands' rate fell by 18.5 points and its share fell 2.81 points, a decrease. Portugal's rate fell 39.0 points and its share rose 3.65 points, as much as Canada's (+3.66). Six English-speaking countries are plotted, and New Zealand's +1.45 is below Italy's 'modest' +2.53. Elasticity 0.470 (s.e. 0.114), N = 18; leave-one-out range 0.42-0.54. The paragraph is nearly verbatim from PSS NBER WP 17616 rev0 (Nov 2011, pp. 28-29), which described a 1975-79 to 2004-08 comparison. PSS's March 2013 WP and the 2014 AEJ article corrected it ('Germany, Spain, Denmark or Switzerland'; 'Norway and Portugal'; modest 'Japan'; '0.47'). The text is the same in all three Handbook versions.
Why this severity. This is a description error. The regression and figure are correct and robust to dropping any country, but three of the four misclassifications (France, Finland, Netherlands) make the cut/increase pattern look cleaner than it is.
The authors' response. PSS (2014) corrected the corresponding prose in their own paper; the Handbook text was not corrected.
6minorconfirmed · newly identified here · arithmetic or transcription
A footnote telling readers how to adjust the key behavioural number for people's reaction to having less money has a plus where a minus belongs. The chapter's own calculations don't use it, but anyone who followed it would overstate the best top tax rate by several points.
Technical detail and evidence
Why it matters, in detail. The sign flip reverses the direction of the income-effect adjustment: e = ē^u - η̄(a - 1)/a is at least ē^u, not at most. Plugging uncompensated elasticities and income effects into the footnote understates e and overstates tau by about 6-8 points for plausible parameters.
Evidence. Saez (2001, REStud 68(1), eq. 8): tau/(1 - tau) = (1 - ḡ)(zm/z̄ - 1)/(ζ̄^u zm/z̄ - η̄). With a = zm/(zm - z̄), this implies a e = a ζ̄^u - η̄(a - 1). Numerical checks: Auditor A (reform elasticity 0.193 against the footnote's -0.249) and Auditor B (log-utility example +0.25 against -0.25). The error is present in all three versions. Example: ē^u = 0.2, η̄ = -0.1, a = 1.5 gives a correct e = 0.233 and tau = 74%, against 0.167 and 80% from the footnote. Auditor B's example (ē^u = .3, η̄ = -.1, a = 2): 58.8% against 66.7%.
Why this severity. No calculation in the chapter uses the decomposition, and the text's qualitative statement (for a given compensated elasticity, income effects raise tau) is correct. A reader who used the footnote to convert Marshallian estimates would overstate the top rate by about 6-8 points.
7minorconfirmed · newly identified here · methodology
The chapter's shortcut formula for how the emigration of high earners should lower the top tax rate assumes they pay the top rate on every dollar. In fact their first dollars are taxed at lower rates, so each departure costs less revenue than the formula implies. The formula therefore slightly understates how high the top rate can go, which, if anything, strengthens the chapter's view that migration is a limited constraint.
Technical detail and evidence
Why it matters, in detail. Eq. (10) requires T(z)/(z - T(z)) = tau/(1 - tau) on (z - z*)-weighted average. With realistic schedules the weighted average wedge is below tau/(1 - tau), so the true optimum exceeds 1/(1 + a e + eta_m): about +3 to +7 points at a = 2, e = .25, eta_m = .5, and about +2 to +3 points at a = 1.5, e = .25, eta_m = .25. The gap is large only when migration is the sole margin.
Evidence. Adjudicator's computation (scripts/migration_check.py) uses the exact first-order condition with both margins, (1 - tau)[1 - eta_m W] = tau e a, where W is the (z - z*)-weighted mean of T/(z - T) over a Pareto tail. In the chapter's example (a = 2, e = .25, eta_m = .5), Eq. (10) gives 50% against an exact 53.4% (30% average tax at the threshold) or 56.8% (no tax at the threshold). In a US-like case (a = 1.5, e = .25, eta_m = .25), it gives 61.5% against 63.4-64.9%. Auditor B's counterexample has no intensive response and a tax-free threshold: Eq. (10) gives 66.7% against 90.9% by direct maximisation (reproduced), and 79.8-82.5% with a 30% threshold tax. Auditor A found the same restriction ('exact when the bracket's average rate equals tau; otherwise conservative'). The same expression appears in Brewer, Saez & Shephard (2010, online appendix).
Why this severity. The approximation errs toward overstating migration's effect, understating the optimal rate by about 2-7 points in the chapter's own parameterisations. So the chapter's conclusion that migration does not drastically change top rates is reinforced, not undermined. Auditor B's 24-point gap requires zero intensive elasticity and zero tax at the threshold.
8minorconfirmed · previously known · methodology
The chapter measures how unequal top incomes are using all reported income, including investment gains taxed at lower rates, even though it is about taxing earnings. Using wages instead lowers its benchmark top rate only a little, from about 73% to about 70%.
Technical detail and evidence
Why it matters, in detail. For a US top rate that applies to ordinary income, the relevant tail index is about 1.6 (1.76 for wages) rather than 1.45, which lowers 1/(1 + a e) at e = .25 from 73% to 69-72%. Attributing the post-1970 thickening of the tail entirely to tax cuts would imply an even larger elasticity at the very top, not a fixed e = 0.25 with a variable a. That scenario is not established.
Evidence. Fig. 4 reproduced from IRS SOI 2005 Table 1.4: a = 1.49 ($200k), 1.43 ($500k), 1.42 ($1M), 1.43-1.45 ($1.5-2M). Caption thresholds match Piketty-Saez TabFig2010 nominal thresholds ($99,234; $350,501). Piketty-Saez (TabFig2010) a at P99 in 2005: 1.45 including gains, 1.59 excluding gains, 1.76 for wages (Table B3). The wage figure was 3.06 (1960), 3.10 (1970), 2.54 (1980), 1.99 (1990), 1.68 (2000) and 1.76 (2005). 1/(1 + 0.25a) is 73.4% with gains included, 71.6% for ordinary income and 69.4% for wages; the PSS 83% becomes 81% with the wage a.
Why this severity. The choice of income concept moves the revenue-maximising rate by about 1-4 points. The endogeneity concern is speculative: in the chapter's constant-elasticity model the tail index is invariant to tau, and Appendix A.1 describes calibrating the skill distribution and iterating to a fixed point.
The authors' response. Note 55 discloses that the figure uses total pre-tax family income including realized capital gains.
9minorconfirmed · newly identified here · misrepresentation of source
A footnote says a companion paper found a particular pattern in executive pay both over time in the US and across countries. In fact that paper found it only in the US; its international evidence is of a different kind.
Technical detail and evidence
Why it matters, in detail. The cross-country CEO result is a level correlation conditional on performance, not a luck-sensitivity result. It is weaker evidence of tax-induced bargaining than the note implies.
Evidence. PSS (2013 WP; 2014 AEJ, abstract and Sec. III) show pay-for-luck only in US data for 1970-2010. Their international evidence (2006 CEO data from Fernandes et al. 2013) concerns pay levels: CEO pay is negatively correlated with top rates after controlling for firm performance, more so in poorly governed firms. It does not concern sensitivity to luck. The cited November 2011 WP contains no CEO regressions of its own (literature review only, pp. 31-32). The sentence is identical in all three versions.
Why this severity. This misdescribes supporting evidence for the bargaining interpretation, but the underlying US result exists. It overstates the breadth of the micro evidence without changing any number.
10minorconfirmed · previously known · misrepresentation of source
A footnote says a key simplifying assumption of the 'rent-seeking' model can be dropped without changing the results. The cited paper actually says that dropping it can push the answer either up or down, depending on who loses from the rent-seeking.
Technical detail and evidence
Why it matters, in detail. The Pigouvian term in Eq. (8) is valid only when the government can undo the externality with the demogrant. Otherwise the correction depends on who bears the rents. In Rothschild-Scheuer's calibration, a 25% Pigouvian wedge implies top-rate corrections between 15.9% and 31% depending on incidence.
Evidence. The PSS November 2011 WP (pp. 22-23, 'Non uniform external effects') shows nothing formal. It notes that if the externality falls on lower earners the optimal rate would be higher, that if it falls on upper earners it would be lower, and (note 20) that the government can then no longer undo it. PSS (2014, pp. 243-244) call the uniform case 'a strong assumption' and acknowledge that in Rothschild & Scheuer the correction 'can be either smaller or larger than the pure Pigouvian correction'. The chapter's own note 59 reports that in Rothschild-Scheuer high top rates are not optimal when rent-seekers take from other rent-seekers.
Why this severity. The text of the chapter elsewhere (note 59) discloses the qualification, so the misstatement is local; it does, however, understate the informational requirements of the >80% case.
The authors' response. PSS (2014, pp. 243-244) partially accept Rothschild & Scheuer's point.
11minorconfirmed · newly identified here · overclaiming
The chapter says no study of tax reforms has found big changes in how much people actually work. At least one well-known study of the 1986 US reform found that wives in top-income households worked substantially more after their tax rates were cut.
Technical detail and evidence
Why it matters, in detail. A well-known TRA86 study finds a large real (participation-driven) response among high-income households. This weakens the categorical claim used to motivate small real elasticities at the top, although secondary earnings are a small share of top-1% income.
Evidence. Eissa (1995, NBER WP 5023) uses the 1986 Tax Reform Act as a natural experiment. It finds a labour-supply elasticity of about 0.8 for married women at or above the 99th percentile, at least half of it through participation (a second control group supports the participation response but is inconclusive on hours). The chapter cites Moffitt & Wilhelm (2000) on hours of top earners under the same reform (note 65) but not Eissa. The survey cited, Saez, Slemrod & Giertz (2012, p. 42), makes the weaker claim that there is no compelling evidence of real responses at the top.
Why this severity. The general reading of the taxable-income literature (most large short-run responses are avoidance or retiming) still largely holds, and secondary-earner elasticities are acknowledged in Sec. 6.4. The blanket 'none' is nonetheless false and supports the low-e1 premise behind C3.
12minorconfirmed · newly identified here · documentation gap
A background table of government spending by category cannot be rebuilt from the sources it cites; several entries differ by up to 1.4% of GDP. It does not affect the chapter's tax formulas.
Technical detail and evidence
Why it matters, in detail. Category-level entries differ from the cited source by up to 1.4 points of GDP, plausibly because of vintages or reclassification, but the construction is undocumented. The broad message (social spending is about 22-34% of GDP and dominated by education, health and pensions) is unaffected.
Evidence. Auditor B averaged the cited annual tables (Adema et al. 2011, Tables A.I.1.4a-d). Chapter value against source mean: US health 7.7 vs 7.16; France health 7.1 vs 7.50 (so the US/France ranking reverses); Germany pensions 10.1 vs 11.11; UK pensions 4.8 vs 5.42 (below every annual value, 5.3-5.6); Germany other social 4.4 vs 3.15; UK other social 5.7 vs 4.27. The entries also match no single column of Adema Table I.2, which the adjudicator checked: for example, UK pensions are 5.4/5.4/5.5 there. Component sums are internally consistent within 0.1 point. Totals excluding education are broadly in line with current SOCX (Auditor A).
Why this severity. This is a background table that plays no role in the formulas or calibrations, and note 12 warns that categories are not homogeneous across countries. It is a provenance gap, not evidence of fabricated numbers.
The authors' response. Note 12 says only 'broad orders of magnitude' are intended.
13minorconfirmed · newly identified here · data error
The chart of historical top tax rates shows Britain's 1970s top rate as 98%, but that rate applied only to investment income. The top rate on wages was 83%, the figure the authors use in their own statistical work.
Technical detail and evidence
Why it matters, in detail. The figure mixes the earned-income schedule with the investment-income surcharge. The labour-income top rate was 83% (1974-78) and 60% (1979-88).
Evidence. Finance Act 1974, Part II, income-tax charge for 1974-75 (legislation.gov.uk copy in cache): higher rates up to 83% ('The remainder 83 per cent') on total income, plus an 'additional rate of 15 per cent' on investment income above GBP 2,000 only, so 98% applied only to investment income. The PSS data used for Fig. 5A code UK inctax as 0.83 (1974-78) and 0.60 (1979-87). Verified in AllCountries_update_pre75.dta.
Why this severity. Background figure. For a chapter on labour income it overstates the UK top rate on earnings by 15 points in 1974-83, and it is inconsistent with the authors' own regression data, but no result depends on it.
14minorconfirmed · newly identified here · data error
The chapter says rich countries collect 30-45% of their economic output in taxes, but several, including the US (about 23-27%), collect less. This background slip doesn't change the analysis.
Technical detail and evidence
Why it matters, in detail. Several large advanced economies lie below the stated ranges. Since Panel B's tau = 35% is meant as a rate on the actual (narrower) base, the illustration is unaffected.
Evidence. OECD Revenue Statistics (current vintage, SDMX extract in cache), 2010 tax/GDP: 14 of the 38 current members were below 30%, including the US (23.4%), Japan (26.2%), Switzerland (25.8%) and Australia (25.1%); 10 of the 34 members as of 2012 were below 30%. The US ratio of tax to national income is roughly 27-31%.
Why this severity. This is an imprecise background statement. Note 39 explains that effective rates on actual tax bases exceed ratios of tax to national income, so the 35% used for the US in Table 2 Panel B remains defensible.
The authors' response. Note 39 notes that tax bases are narrower than national income.
15minorconfirmed · newly identified here · arithmetic or transcription
There are a number of typos in equations, labels and references. They should be fixed, but none changes any result.
Technical detail and evidence
Why it matters, in detail. Eq. (8), Eqs. (13)-(16) and Appendix A.2's Eq. (19) all reproduce once the local notation is corrected.
Evidence. Verified on rendered pages or extracted text of the published PDF. p. 427: '(y/z)e_b = (1 - s)e' should read (y/z)e_y. p. 438, Eq. (12): the sum uses T_n instead of T_m, so the printed behavioural term is identically zero because shares sum to one. p. 440, Fig. 7 graphic: dc1 is written for dc0, and the behavioural fiscal cost lacks its minus sign. p. 467: 'u_l(c, l = 0) > 0' should be < 0, and 'u(-c0, 0)' should be u(c0, 0). p. 468: the utility c - l^(1+e)/(1+e) is paired with labour [n(1 - T')]^e; the exponent should be 1 + 1/e. p. 432: 'Panel A also displays' should be Panel B. p. 424: '$400,000, approximately the top 1% threshold' is inconsistent with the caption's P99 of $350,500. Text window 2004-2009 vs caption 2005-2009. p. 451: Kleven, Kreiner and Saez '2009b' should be 2009a. p. 431: the citation years of the Kleven et al. papers are swapped. p. 464: the garbled 'those deem Roemer et al. (2003)'. Cross-references on pp. 405 and 414 to 'Section 6' for the limits of utilitarianism and welfare weights should point to Section 7. Table of contents page numbers are off by 1-2 pages from Sec. 4.2 onward (e.g., Sec. 6 is listed at p. 447 but starts at p. 445). Author-name errors in references ('Crépon, Esther, Marc, Roland and Philippe'; 'Stancheva').
Why this severity. None affects a conclusion; the neighbouring text or final formulas are correct in each case.
16minorlikely · newly identified here · documentation gap
The chapter's example of a 'utilitarian' tax rate of about 61% treats a stay-at-home spouse of a high earner as if they lived only on government benefits. Allowing for sharing within families would lower that illustrative rate somewhat, by at most about 9 points.
Technical detail and evidence
Why it matters, in detail. Including zero earners at c = R widens the dispersion of 1/c weights and lowers gbar. With intra-household pooling, gbar would rise and tau fall toward the earners-only bound (52% at e = .25). The printed utilitarian rates are therefore an upper end of the defensible range.
Evidence. Adjudicator's reconstruction (scripts/table2_check.py) from Census CPS ASEC 2011 PINC-05 (2010 earnings, ages 25-44 and 45-64; uniform within bins, Pareto top bin matched to the published mean). Including the 23.0% zero earners gives tau = 60.1/48.4/36.4% and gbar = 62.4/53.2/42.7%; earners only gives tau = 52.5/40.2/28.8%. Median/mean is 0.725 including zeros (0.765 earners only), against the '70%' used. Auditors A and B obtained the same results within 1 point using different grouped tables. The closed-form rows reproduce exactly.
Why this severity. The table is explicitly illustrative and its population definition is disclosed. Household sharing would lower the utilitarian rate by an unknown amount, bounded by roughly 9 points (the earners-only case). This is a modelling simplification, not an error.
The authors' response. Table 2 is described as 'simple illustrative calculations'.
17minorplausible · previously known · overclaiming
The chapter promotes a flexible way of deciding whose income should count most in setting taxes, and calls one version 'objective' and 'non-ideological'. But choosing those weights is itself a value judgement, and later research shows some versions can rank tax policies inconsistently.
Technical detail and evidence
Why it matters, in detail. Local (generalized-weight) optimality need not correspond to any coherent global ranking unless the weights are structurally utilitarian. Allocation-dependent weights can create multiple or self-fulfilling optima.
Evidence. Sher (2024, AER 114(11)) proves that generalized weights give consistent comparisons only if they are 'structurally utilitarian'. Weights that depend on taxes paid, as suggested on p. 463 ('weights depend positively on net taxes paid'), can generate intransitive rankings of tax reforms. Fleurbaey & Maniquet (2018, JEL 56(3), Sec. 10) show multiple equilibria, including a self-fulfilling 100% tax, in the Saez-Stantcheva luck/desert application.
Why this severity. This is programmatic language in the limitations section, not a quantitative result, and the main critiques post-date the chapter.
18minorplausible · newly identified here · external inconsistency
The chapter's argument for wage subsidies like the US Earned Income Tax Credit relies on evidence that such subsidies draw many people into work. A later re-examination of every expansion of that credit found that most did not clearly raise employment. The chapter's theory is unaffected, but its factual premise is less secure.
Technical detail and evidence
Why it matters, in detail. If extensive-margin elasticities at the bottom are small, Eq. (16) gives bottom rates near (1 - g1)/(1 - g1 + e1) with small e1, which pushes toward the intensive-margin prescription of Eq. (14) (high phase-outs) rather than in-work subsidies.
Evidence. Kleven (NBER WP 26405, 2019; revised 2024) re-examines every state and federal EITC reform. Apart from the 1993 federal reform, he finds EITC expansions 'are not associated with any clear and robust effects on employment', and the 1993 effects 'align more closely with confounding effects from welfare reform and the macroeconomy'. This reappraisal is itself debated; the chapter reflected the consensus of its time.
Why this severity. The transfer formulas are conditional on the elasticities and remain correct. Only the empirical support for the extensive-margin case is weaker than presented, and that support post-dates the chapter.
Claims examined and rejected
Problems one auditor raised that did not survive checking.
- The tentative 'above 80%' rent-seeking suggestion does not warrant a separate identification issue, because the chapter warns about causality and calls for better identification (Codex report, 'Fairness decision'). — Not accepted. The chapter goes beyond a tentative remark ('In our view, this is the right model'), and re-estimation from the authors' files shows the evidence cannot separate e1 = 0.08 from e1 of about 0.4 even with optimistic standard errors. Counted as major issue F1, with the hedging reflected in the rationale.
- The sign error in note 54 is a moderate issue. — Severity downgraded to minor (F6). No computation in the chapter uses the decomposition and the qualitative statement in the text is correct.
- The missing average-tax qualification of Eq. (10) is a moderate issue (24-point error in a counterexample). — Severity downgraded to minor (F7). The 24-point gap requires a zero intensive elasticity and zero tax at the threshold. With the chapter's own parameters the error is about 2-7 points, and it runs in the conservative direction, reinforcing the chapter's conclusion.
- If the Pareto tail responds to top tax rates, evaluating a at the 1970 value could lower the optimal rate by 8-17 points (Auditor A, I4). — Rejected as unsupported. The calculation assumes the whole historical change in a was tax-driven while keeping e = 0.25. In the chapter's constant-elasticity model a is invariant to tau, and Appendix A.1 describes the fixed-point calibration. Only the 1-4 point income-concept effect is retained (F8).
- Table 2's utilitarian row rests on an undisclosed treatment of non-earners (moderate). — Partly rejected. Note 40 states that the population is all individuals aged 25-64, so including zero earners is the disclosed, literal definition. Retained only as a minor caveat about the absence of household sharing (F9).
- Top-1% retained earnings account for the entire gap between the fiscal-income and pre-tax national income elasticities. — Corrected in degree: they account for about 83-91% of the gap (0.56 vs 0.31; 0.51-0.54 after removing them). The substance of the issue is retained (F2).
- Another PSS specification for 1981-2010 gives a borderline-significant positive growth effect (e1 of about 0.37). — Qualified rather than rejected. The coefficient (0.037) is significant only with heteroskedasticity-robust errors (p = 0.049); with country-clustered errors (s.e. 0.055) it is not. The specification-dependence point stands.
- The Pareto-parameter issue is moderate. — Severity downgraded to minor (F8). The concept mismatch moves the revenue-maximising rate by 1-4 points, and the endogeneity component is speculative.
Audit notes
What reproduced. Reproduced independently by the adjudicator, with scripts in final/scripts and logs in final/output. (1) Table 2: closed-form rows exactly; the utilitarian row from Census CPS ASEC 2011 PINC-05 gives tau = 60.1/48.4/36.4% and gbar = 62.4/53.2/42.7%, against 61/48/36% and 61/54/44% printed, only when the 23% zero earners are included; earners only gives 52.5/40.2/28.8%. (2) Fig. 4: a = 1.49/1.43/1.42 at $200k/$500k/$1M from IRS SOI 2005. (3) Fig. 5A: 0.470 (0.114), N = 18, by an independent translation of PSS international.do; country positions confirm the stale prose (F5). (4) PSS Table 2 growth regressions reproduce to three decimals; implied e1 confidence intervals and power computed (F1). (5) PSS Table 1 US time-series elasticities reproduce (0.25-0.30), and they turn negative over 1960-2008 when a trend is added. (6) PSZ DINA long-run elasticities: 0.56 for fiscal income vs 0.31 for pre-tax national income vs 0.54 after removing top-1% retained earnings (F2). (7) Pareto coefficients by concept from Piketty-Saez tables (1.45/1.59/1.76). (8) Note 54 checked against Saez (2001) eq. 8. (9) Eq. (10) vs the exact first-order condition and Auditor B's counterexample (90.9% vs 66.7%) reproduced. (10) The equal-opportunity normalization was checked against Saez-Stantcheva (2016) Table 2. Not reproduced: the Fig. 2 budget sets (TANF/SNAP/EITC/RSA rules not specified), the Fig. 1 series beyond the UK check, Table 1 (the cited source does not reconcile), the PSS CEO-pay regressions, and the chapter's CPS microdata procedure (grouped data used instead). No code or data accompany the chapter.
Limits of this audit. No code or data accompany the chapter. Table 2 was rebuilt from grouped Census tables rather than CPS microdata, and Fig. 4 from grouped IRS tables rather than the 2005 microdata. Fig. 2's tax-benefit budget sets and the full Fig. 1 series were not recomputed, and Table 1's construction files were not available. The PSS CEO-pay regressions (ExecuComp/international data) were not reproduced. The F2 interpretation depends on PSZ's imputation of corporate retained earnings by equity ownership. Critiques published after 2013 (F4, F13, F14) are used as external evidence, not as charges of error at the time of writing. Severity judgements on normative and interpretive claims (F1, F13) necessarily involve judgement; the hedged wording of the >80% sentence is reflected in rating it major rather than critical. The HAL deposit was obtained only by Auditor B; the PSE copy of the Elsevier PDF was used as the version of record.