The Spanish personal income tax
During the period analyzed in this paper, 1999–2014, the Spanish personal income tax (PIT) has been structured in two separate tax bases: a “general” tax base comprising a broad definition of taxable income taxed with a progressive schedule and a “special” tax base comprising specific income sources taxed with a flat-rate schedule. Until 2006, the special tax base included only some types of capital gains. In 2007, it was renamed the “savings” tax base and additional components of capital income were added, as explained in more detail in Sect. 3.2.
Taxable income in the general tax base is computed in several steps. The first step is to sum the gross income from each income source.Footnote 2 Second, the income-related expenditures (required to earn that income) are subtracted from each income source, resulting in the adjusted gross income (AGI). Third, income-specific deductions are subtracted from each AGI to obtain the taxable income for each source.
As an example, taxable labor income results from adding the gross income earned by workers (e.g., wages and salaries, bonus, in-kind payments) and subtracting income-related expenditures, such as payroll taxes for wage employees, and then subtracting income-specific deductions (e.g., the general reduction for labor income). The process is the same for other income sources.Footnote 3 After computing taxable incomes from all sources and adding them up, a set of general deductions is subtracted to obtain the general taxable income, which is taxed with a progressive tax schedule.Footnote 4
The special (savings, since 2007) tax base is taxed at a preferential tax rate, targeted at particular components of capital income.Footnote 5 In the period 1999–2006, the preferential tax rate was applied only to long-term capital gains, while in 2007–2014 special taxable income included capital gains derived from the transmission of assets as well as the main component of financial capital income (i.e., income from interests and dividends). Taxable income in this case results from subtracting the remnant of deductions not applied in the general tax base, as well as allowances for past capital losses.
The application of the progressive tax schedule to the general tax base and the flat rate to the special/savings tax base yields, respectively, the general and the special/savings tax liability. The aggregate tax liability from these two tax bases is further reduced by the application of several tax credits, resulting in the tax due. The most relevant tax credits in quantitative terms are the mortgage interest tax credit for primary dwellings, the tax credit for the birth or adoption of children, the €400 stimulus tax credit in effect in 2008 and 2009 and the refundable maternity tax credit for working mothers with children below 3 years, established in 2003.Footnote 6
The legislative power to rule and reform the personal income tax law has traditionally been assigned to the Spanish parliament, which designs the structure and main features of the tax (often following the initiative of the central government). However, since 1997 regional parliaments have progressively obtained legislative capacity (extended in 2002 and 2010) to introduce changes in the tax schedule for the general base, modifications in the personal and family deductions and also the ability to introduce new tax credits. In spite of the regional dimension of the tax, the PIT is administered at the national level in a unique tax return by the Spanish Tax Agency.Footnote 7
Tax reforms
The specific definition of the components that determine tax bases as well as the tax rates applied to taxable income have been subject to substantial modifications over time. These changes are due to major reforms of the PIT but also to significant changes passed in the annual Budget Law and measures included in other bills.Footnote 8 The core reforms of the PIT that provide us with useful identifying variation were put into force in 2003, 2007 and 2012 fiscal years. (Note that the fiscal year coincides with the calendar year). We also consider changes in the general tax schedule at the regional level. These regional changes were modest until 2010, when in the context of the European Sovereign Debt Crisis regional parliaments became more active in creating new brackets with higher marginal tax rates for top income earners (see discussion in Online Appendix A). These two sets of changes in the PIT constitute the identifying variation that we use to estimate the elasticity of taxable income for the period 1999–2014.
The 2003 Reform reduced the top marginal tax rate from 48 to 45% (a 6.25% cut) and the lowest marginal rate from 18 to 15% (a 20% cut). The top panels of Fig. 1 depict the changes in the marginal tax rate (MTR, left) and average tax rate (ATR, right) by levels of taxable income. The reform reduced the number of tax brackets (from six to five) and was particularly beneficial for taxpayers with taxable income between €40,460 and €45,000, as they experienced a 16.7% reduction in their marginal tax rate (from 45 to 37%). The tax rate on capital gains was also reduced from 18 to 15%. Besides the lower marginal tax rates, the reform expanded the amounts of the personal and family deductions. The most relevant change in tax credits was the introduction of a new refundable cash credit for working mothers with children below 3 years that could reach €1200 per year. The ex ante revenue impact of this pro-cyclical reform was significant with an estimated permanent tax revenue reduction equivalent to 0.50% of GDP in 2003 (Gil et al. 2019).Footnote 9
The 2007 Reform was a significant overhaul that modified both the definition of taxable income in the two tax bases and the overall tax structure. The two most relevant changes were (i) moving most financial capital income from the general to the savings tax base and (ii) converting the personal and family exemptions (with the exception of the deduction for joint filing) into a tax credit from the general tax liability, rather than a deduction from the tax base. Regarding (i), income from interest and dividends went from being taxed at 45% in the general base to being taxed at the 18% flat rate in the savings base (a 60% reduction in the MTR). This implied a dramatic reduction in the marginal tax rate for medium- and high-income taxpayers with substantial financial income. Notice that this modification could also imply lower marginal rates for additional income obtained from other sources such as labor, real estate or business income. The reform also expanded the definition of capital gains taxed under the savings tax base, including all gains from the transmission of assets regardless of the period over which the gain was generated.Footnote 10 Regarding (ii), the new way to calculate tax liability consisted of applied the progressive tax schedule to general taxable income and the personal and family exemption separately, and then subtracting the two resulting amounts. Notice that this change increased the progressivity of the tax schedule, because in the new system all taxpayers with the same personal and family characteristics obtain the same reduction in tax liability, while in the case of a deduction, tax liability decreases in proportion to each taxpayer’s marginal tax rate.
It the 2007 reform, the number of brackets in the progressive tax schedule for the general tax base was reduced from 5 to 4. For example, a small bracket with a 15% rate that applied to incomes up to €4161.6 in 2006 was eliminated and replaced by a larger bracket for incomes up to €17,700 taxed at a 24% rate. The reform also expanded a tax bracket for middle income, reducing the marginal tax rate in the range €26,842.3–€32,360.6 by 32.1% (from 37 to 28%). Similarly, income between €46,810 and €52,360.6 experienced a 21.6% reduction in the marginal tax rate (from 45 to 37%). Finally, the top marginal rate was also reduced by 4.7% (from 45 to 43%). The ex ante revenue impact of this reform is estimated to imply a reduction in permanent tax revenue equivalent to 0.3% of GDP in 2007 (Gil et al. 2019).
The 2012 Reform consisted of a general increase in marginal tax rates for all taxpayers, increasing the progressivity of the tax schedule in both the general and savings tax bases. In 2011, the central government had already introduced two additional brackets with higher marginal tax rates for top income earners: 44% for taxable income between €120,000 and €175,000 and 45% for taxable income above the latter amount. On the same year, some regional governments modified their tax schedules as well, reaching a top marginal rate of 49% in Andalusia and Catalonia. The 2012 reform increased the marginal tax rates for all brackets: by 3.1% for the first, 7.1% for the second, 8.1% for the third, 9.3% for the fourth, 11.4% for the fifth, 13.3% for the sixth and 15.6% for the newly created seventh bracket (for taxable income above €300,000). The pre- and post-reform tax schedules are shown in the bottom panels of Fig. 1. The reform also increased the tax rates on savings income, introducing some progressivity on the savings tax schedule. Savings income up to €6000 was now taxed at 21%, a second bracket up to €24,000 at 25% and any savings income above that at 27%. The ex ante estimated tax revenue impact of this pro-cyclical reform was 0.50% of GDP in 2012 (Gil et al. 2019).
Data
We use an administrative panel dataset of income tax returns compiled by the Instituto de Estudios Fiscales (Pérez et al. 2018) with information provided by the Spanish Tax Agency (Agencia Estatal de Administración Tributaria, AEAT). This panel contains a random sample of about 3% of all income tax returns filed in Spain in the period 1999–2014.Footnote 11 The sample is stratified by gross income level (ten categories), region (15 autonomous communities and the two autonomous cities of Ceuta and Melilla) and a binary indicator of the main source of income (whether labor is the main income source or not) based on information from 2003 (the base year). To mitigate panel attrition, going forward and backward in time, taxpayers that drop out from the panel are replaced by new filers in their same income–region–source stratum.
Table 1 Distribution of income by source and taxpayer types The dataset contains more than 8.1 million tax returns (about 500,000 per year, on average), with a larger sample in the more recent years reflecting the increase in the total number of taxpayers. Each tax return is associated with a sampling weight that represents the inverse of the probability of being selected. Using these weights, the yearly aggregates of the main gross income and tax base and liability magnitudes are representative of the ones reported in the universe of the population (see Onrubia et al. 2011, for more details).
The dataset contains detailed information on the main components of all income sources, income-related deductions of type of income, the rights and effective tax exemption of each deduction, the legal tax bases, disaggregated information on a broad range of tax credits and the overall tax liability. In terms of socio-demographic characteristics, we observe gender, date of birth, province and city of residence. Besides, the information in the tax return data allows us to infer the number of children and dependents that each taxpayer is responsible for. Table 1 reports the share of income due to each income source (left panel) and the share of income received by each category of taxpayer (right panel). About 80% of income reported in the Spanish PIT is labor income, 8.9% capital income, 8.3% business income and 3.9% capital gains. If we classify taxpayers into different categories based on their most important source of income, we observe that wage employees account for 82% of the tax returns analyzed. Self-employed taxpayers represent 7.8% of the sample, although it is worth noting that only two-thirds of these (5.2% of the total) are under the direct estimation regime. The rest of self-employed taxpayers are in the “objective estimation” or agricultural regimes, where the tax liability is determined based on observable features of each business, rather than actual income. For this reason, in the analyses performed below, we will only consider the first group as self-employed.Footnote 12 The remaining 10% of taxpayers are almost equally split into the “saver” and “investor” categories, where the most relevant income sources are capital income or capital gains, respectively.
The marginal tax rate (MTR) is not directly observed in the tax return data. Thus, we use the available information on income and regional location, as well as the main tax base parameters, to calculate the MTR with a self-constructed tax calculator in the spirit of the NBER TAXSIM used in studies about the USA. Building this tax calculator is critical for our empirical strategy, as it is needed to calculate the predicted net-of-tax rate instrumental variable used to identify causal effects.Footnote 13 We calculate the marginal tax rate separately for each income source, following Kleven and Schultz (2014). We first calculate the tax liability for the observed taxable income and then redo the calculation adding €10 to that amount. Then, we divide by 10 the difference between the two tax liabilities, to obtain the marginal tax rate for each income source:
$$\begin{aligned} \tau ^{j}=\frac{T\left( z^{j}+10\right) -T\left( z^{j}\right) }{10},\text {where }j=\left\{ L,KR,KF,B\right\} . \end{aligned}$$
In most of our regression analysis, we estimate the elasticity of taxable income with respect to the net-of-tax marginal rate. Therefore, we need a measure of the “overall” marginal tax rate faced by each taxpayer. To do this, we construct a weighted marginal tax rate on all taxable income, where the weights correspond to the relative importance of each income source in each tax return.Footnote 14 Let the share of income due to source j be denoted by \(s_{it}^{j}\equiv \left( z_{it}^{j}/z_{it}\right) \).Footnote 15 Then, the overall marginal tax rate for taxpayer i in year t is given by:
$$\begin{aligned} \tau _{it}=\sum _{j}s_{it}^{j}\tau _{it}^{j}. \end{aligned}$$
Sample selection and homogeneous definition of the tax base
We follow the existing literature to apply some sample restrictions to arrive at the estimation sample. First, we exclude taxpayers with negative taxable (or gross) income. This is important because the main outcome variable is defined as the change in log taxable income, which would not be properly defined if income in one of the periods is negative. Since joint filing is only preferable for households in which the second earner has very low income, we consider the tax declaration the unit of analysis. Moreover, we drop year-pair observations where taxpayers change their filing status between the base year (t) and \(t+s\). Further, we exclude pensioners, identified as taxpayers aged 65 and above with positive labor income but zero social security contributions. The reason for excluding pensioners is their main source of income is determined mechanically by public pension rules. Note that our main results are robust to including pensioners in our estimation sample.
Contrary to common practice in the literature (e.g., Gruber and Saez 2002, and followers), we do not exclude observations below a certain threshold of gross income in the base year. Instead, we carefully document and quantify the existence of mean reversion in each period. Then, in the regression analysis, we test different specifications of nonlinear controls for base-year income to find an econometric solution to this potential bias. In a robustness test, we check that our results are not affected by dropping taxpayers with broad income below €5000 or €10,000 in the base year (see Sect. 5 for details).
In line with the rest of the literature, our tax calculator contains a consistent definition of taxable income over time. This constant definition may not match the “legal” definition of taxable income in every year, but this homogenization of the tax base is needed for providing consistent estimates when tax reforms change the tax base (e.g., the 2007 reform). Without this adjustment, the dependent variable would change mechanically every time the legal definition of the tax base changes, leading to biased estimates (Kopczuk 2005; Weber 2014). When homogenizing the tax base over time, we follow the earlier literature in excluding capital gains from the tax base, because its tax treatment and economic nature are quite different from other income sources (see, for instance, the discussion in Saez et al. 2012). We also consider the fact that financial capital income is taxed under different tax bases over this period, as well as the fact that the main component of personal and family deductions is converted into tax credits since 2007.
Data availability allows us to compute for each year the gross and the adjusted gross income for each source of income taxed in the PIT. We also have detailed yearly information on the implementation rules and the amount of both the income-specific and the general deductions that are subtracted from each component of gross income and from the aggregation of these components. In the particular case of homogenizing over time the personal and family tax credits created in 2007, we assume that the base of these tax credits is equivalent to a deduction that reduces the general taxable income as in the period 1999–2006. Taking together data availability and our homogenization assumptions, we can create a homogenous definition of aggregate taxable income in the Spanish PIT over the period 1999–2014.
Summary statistics
Table 2 reports summary statistics for the final sample used in the regression analyses, covering the period 1999–2014. All monetary variables are in real 2012 euros. The sample restrictions described above plus the fact that we take 3-year differences of the data in each period (which means we “lose” 3 years of observations) result in a baseline panel dataset with 4.02 million observations.
Table 2 Summary statistics Real average gross income in 2012 euros is €36,200, and real average taxable income is €23,392, both with high dispersion and highly skewed to the right (i.e., the median is lower than the average in both cases). The average net-of-tax rate is 0.71, corresponding to a marginal tax rate of 29%. The average change in log real taxable income is \(-\,0.02\), although there is substantial heterogeneity in this variable, which can take large values both positive and negative. The average change in the log net-of-tax rate is also close to zero \((-\,0.01)\), with substantial variation on both sides of its distribution. Finally, the average taxpayer is 46.6-year old, 42% of taxpayers are female and 17 of households file jointly. (In the latter case, the dataset records the gender and age of the primary earner.)