Tuesday, September 28, 2010

THE COST OF REGULATION

Neal Boortz  An astounding 35% of national income is spent on federal tax and compliance costs. And like I said before, small businesses are faring marginally worse. A report from the Office of Advocacy of the US Small Business Administration found that small businesses pay a disproportionately large share of regulatory costs. The initial overall cost in 2008 was $8,086 per employee. But ... "these costs were not borne equally by businesses of all sizes. The regulatory cost per employee for businesses with fewer than 20 employees was $10,585, compared with $7,454 for medium sized firms (employing between 20 and 499 employees), and $7,755 for large firms."

 The Regulation Tax Keeps Growing  The annual cost of federal regulations in the United States increased to more than $1.75 trillion in 2008, a 3% real increase over five years, to about 14% of U.S. national income. This cost is in addition to the federal tax burden of 21%, for a combined cost of 35% of national income. One out of every three dollars earned in the U.S. goes to pay for or comply with federal laws and regulations, and new policies enacted in 2010 for health care and financial services will increase this burden.
Attempts have been made to estimate the costs of these laws and regulations, but the calculations are incomplete. In March, for example, the Congressional Budget Office estimated the cost and subsequent effect of health-care legislation on the federal budget deficit. These estimates did not consider the full compliance cost on businesses. The Regulatory Right to Know Act requires the Office of Management and Budget (OMB) to submit a cost-benefit analysis of federal rules and paperwork "to the extent feasible." So-called "non-major" rules are excluded in their 2009 report, however, as are rules adopted more than 10 years ago. This means that thousands of costly federal mandates are not included in OMB's tally. Discouragingly, OMB ignored the distribution of the regulatory burden, which is uneven.

In a report released last week for the Office of Advocacy of the U.S. Small Business Administration, we find that small businesses bear a disproportionately large share of regulatory costs. The portion of these costs that falls initially on businesses overall was $8,086 per employee in 2008. But these costs are not borne equally by businesses of all sizes. Larger firms benefit from economies of scale in compliance; small businesses do not have that advantage.

As a consequence, small businesses—those with fewer than 20 employees—incur regulatory costs 42% greater than firms with between 20 and 499 employees, and 36% greater than firms with more than 500 employees. The regulatory cost per employee for small businesses was $10,585, compared to $7,454 for medium firms and $7,755 for large firms.
The degree to which federal regulations disadvantage small businesses varies across the economy. In some sectors, such as manufacturing, the regulatory cost difference between small businesses and their larger counterparts is particularly acute.

Small manufacturers bear compliance costs that are 110% higher than those of medium-sized firms and 125% higher than large firms' costs. As much as it is fashionable to blame China for the demise of small manufacturing in America, the evidence suggests that looking for some reasons closer to home is warranted.

In no category do small businesses pay less in regulatory costs than both medium and large businesses. In retail and wholesale trade, small businesses pay 13% less than medium firms but 15% more than large firms. In services, small businesses pay 13% more than medium firms but 9% less than large firms. In health care and "other" (the biggest components of which are utilities and construction), small businesses pay 45% and 70% more than medium firms and 28% and 83% more than large firms.

This distribution of regulatory costs places small firms at a substantial competitive disadvantage. The cost disadvantage confronting small business is driven by environmental regulations, tax compliance, and occupational safety and homeland security rules.
In sum, individuals and businesses bear the burden of the $1.75 trillion cost of regulations, and small businesses bear a disproportionately large share of the compliance costs. Businesses must close, reallocate activity, absorb, or pass on the expense of complying with regulatory requirements.

In per-household terms, the combined federal burden of regulation and taxes is a remarkable $37,962. Increased transparency in both the cost and benefit side of the regulatory equation is necessary to determine whether what we spend is worth the 35% of national income that it costs, and whether the distribution of the burden is relatively efficient. This is particularly true now that the federal government is undertaking Herculean efforts to stimulate the economy while increasing regulations costly to businesses. Wall Street Journal article.
Ms. Crain and Mr. Crain are economics professors at Lafayette College, and the authors most recently of "The Impact of Regulatory Costs on Small Firms," published this month by the Office of Advocacy, U.S. Small Business Administration.
We have posted the entire article because all links take you to a mere excerpt.

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