“There is no art which one government sooner learns of another than that of draining money from the pockets of the people.” (V.ii.h.12; my emphasis)
At this point in The Wealth of Nations — i.e. between Articles 2 and 3 of Part 2, Ch. 2, Book V of his magnum opus, for those keeping score at home –, Adam Smith includes an intriguing appendix on “Taxes upon the Capital Value of Land, Houses, and Stock” (available here; scroll down to “Appendix to Articles I and II”). Here, Smith draws a temporal distinction between the ownership and the transfer of property, such as land, houses, and capital or “stock”:
“While property remains in the possession of the same person, whatever permanent taxes may have been imposed upon it, they have never been intended to diminish or take away any part of its capital value, but only some part of the revenue arising from it. But when property changes hands, when it is transmitted either from the dead to the living, or from the living to the living, such taxes have frequently been imposed upon it as necessarily take away some part of its capital value.” (WN, V.ii.h.1; my emphasis)
In plain English, when the government imposes a tax on property such as land (L), houses (H), or capital (C), that tax should not be based on the value of L, H, or C. Instead, the government should only tax any revenue streams produced by that property, i.e. the revenue generated by L, H, or C. But when the ownership of L, H, or C is transferred to another person — either by agreement (e.g. purchase and sale), by death (a will), or by a donation inter vivos (a gift) — any tax imposed on the transfer of L, H, or C will be bad in an economic or wealth-maximization sense because such a tax will “necessarily” reduce “some part of [L, H, or C’s] value.”
Next, Smith draws a secondary — but no less important — distinction between transfers of L and H (land and houses) on the one hand and transfers of C (other capital assets) on the other:
“The transference of all sorts of property from the dead to the living, and that of immovable property, of lands and houses, from the living to the living, are transactions which are in their nature either public and notorious, or such as cannot be long concealed. Such transactions, therefore, may be taxed directly. The transference of stock, or movable property, from the living to the living, by the lending of money, is frequently a secret transaction, and may always be made so. It cannot easily, therefore, be taxed directly.” (WN, V.ii.h.2; my emphasis)
In brief, it is easier to tax transfers of L and H than transfers of C because such L and H transfers “are in their nature either public and notorious, or such as cannot be long concealed.” Does this mean the government won’t try to tax transfers of C? Of course not! The government can tax all types of property transfers in one of two ways: “stamp-duties” (stamp taxes) and “duties upon registration” (registration fees). In the words of the Scottish tax scholar:
“The transference of stock, or movable property …. has been taxed indirectly in two different ways; first, by requiring that the deed containing the obligation to repay should be written upon paper or parchment which had paid a certain stamp-duty, otherwise not to be valid; secondly, by requiring, under the like penalty of invalidity, that it should be recorded either in a public or secret register, and by imposing certain duties upon such registration.” (WN, V.ii.h.2; my emphasis)
In other words, because transfers of capital assets and other moveable property are easy to conceal, the government can try to flush out these underground transfers, forcing them to the surface, so to speak. How? By refusing to enforce or to otherwise recognize the legality of those transfers unless they are recorded in a government registry — with the government charging you a hefty registration fee for this privilege — or recorded on a piece of official paper sold to you by the government. Smith then makes two additional points about these two types of property-transfer taxes. Although registration fees and stamp taxes “are of very modern invention”, they are now — in Smith’s day as well as ours! — “almost universal”:
“Those modes of taxation, by stamp-duties and by duties upon registration, are of very modern invention. In the course of little more than a century, however, stamp-duties have, in Europe, become almost universal, and duties upon registration extremely common.” (V.ii.h.12)
It is here, after the words “extremely common”, that Smith adds the following snide — though no less true! — remark: “There is no art which one government sooner learns of another than that of draining money from the pockets of the people.” (V.ii.h.12; my emphasis) In other words: don’t steal; the government hates competition! Nota bene: I will have more to say about Smith’s appendix on stamp taxes and registration fees in my next post.












