[Congressional Record Volume 167, Number 49 (Tuesday, March 16, 2021)]
[Senate]
[Page S1534]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                               Death Tax

  Mr. THUNE. Mr. President, last week I introduced a bill to 
permanently repeal the death tax.
  I have been pushing to repeal the death tax for a long time because I 
have seen the consequences the tax can have for family farms and 
ranches and for family businesses. And I am proud that we protected a 
lot of family farms and businesses 3 years ago with the Tax Cuts and 
Jobs Act by doubling the death tax exemption, but the death tax is 
still a big problem.
  First of all, the change we made to the death tax in the Tax Cuts and 
Jobs Act isn't permanent. The increased exemption level expires at the 
end of 2025.
  Second, Democrats, who are always eager to seize any possible revenue 
source, have proposed not merely returning the exemption to its 
previous level but reducing it even further. And that would be a big 
problem for a lot of family farms and businesses.
  The death tax is a fundamentally flawed idea, both in theory and in 
practice. Every American, of course, has an obligation to pay taxes to 
help support our government, but there should be a limit to how many 
times the government can tax you. And death should not be a taxable 
event.
  The money you leave at your death has already been taxed by the 
government at least once, which makes the death tax double taxation.
  People who support the death tax tend to talk as if the death tax 
only affects the fabulously wealthy, but that isn't the case. Small- 
and medium-sized businesses, family farms, and ranches spend a lot of 
time and money on estate planning to avoid being hit by this tax. 
Farmers and ranchers in my State know, without careful and costly 
planning, the Federal Government can come around after their death 
demanding a staggering 40 percent of their taxable estate, and their 
children won't have the money to pay without risking the farm or the 
ranch. Why? Well, farming and ranching is often a cash-poor business.
  A farmer might, technically, be worth several million dollars, but 
the vast majority of that is land and farming equipment. Only a small 
fraction of it is money in the bank.
  The Farm Bureau reports that over the past 10 years, the value of 
farmland has increased by nearly 50 percent. It is completely possible 
that a farmer's land might have substantially increased in value over 
the past decade, while his income has barely increased at all or, with 
commodity prices the past few years, they may have been losing money. 
In fact, it is perfectly possible that in a bad year, a farm with 
several million dollars' worth of land might barely break even income-
wise.
  So what happens when a farmer dies? Well, the Federal Government will 
claim up to 40 percent of his taxable estate. But his liquid assets--in 
other words, the cash he has available--will likely not come close to 
covering the tax bill from the Federal Government. And so the only 
thing left for his children to do will be to start selling off farm 
equipment and land. In some cases, they will be able to keep the farm, 
just a smaller version of it. In others, they may have to sell off the 
family farm entirely. The same thing can happen with family-owned 
businesses.
  In the case of a larger family-owned business, the business owner may 
be worth $15 or $20 million, but only a small fraction of that may be 
money in the bank. The vast majority may be tied up in the business. In 
that case, when the Federal Government comes around demanding 40 
percent of the taxable estate, all the money that that business owner 
had in the bank won't even come close to covering the tax bill.
  To pay the Federal Government, the owner's descendants will have to 
sell off part or all of the family business. And this can happen again 
and again.
  Think about a business that was started half a century ago and passed 
down from father to daughter, to grandson. With every death, the 
Federal Government will have come demanding a big chunk of that estate. 
By the time you get to the third generation, the business may be 
struggling to stay afloat if it is still around at all.
  I recently read testimony from a business owner who stated that, 
without death tax reform, the family company will end with him. Why? 
Because the company will have to be sold to meet the tax bill the 
Federal Government will hand his descendants. The company has already 
faced the death tax multiple times in its history and given millions 
upon millions to the Federal Government. This next death tax bill will 
be the death blow.
  I am proud that Republicans improved the death tax situation for a 
lot of family farms and businesses by passing estate tax reform in the 
Tax Cuts and Jobs Act, but doubling the exemption is not enough. There 
are still family farms and businesses out there that aren't protected 
from this tax. And in my view, losing even one family farm or ranch or 
business to the death tax is one too many, not to mention the fact that 
in less than 5 years, the expanded exemption will expire putting many 
farms and businesses back in the tax's crosshairs.
  Family farms and businesses play a vital role in the economy and in 
communities. Family farms and ranches are the lifeblood literally of 
rural communities in South Dakota. They are a source of jobs. They 
provide support for local businesses. They help build up local schools 
and local infrastructure. Losing a local farm can hit rural communities 
very hard.
  It is mind-boggling that the Federal Government imposes a tax that 
punishes all the things we should be encouraging. The death tax 
punishes hard work. It punishes success. It punishes innovation. 
``Success'' should not be a dirty word, and families and employees 
should not be punished because a family has worked hard and built up a 
successful farm or ranch or business.
  On top of all this, the death tax is an inefficient tax that raises a 
small amount of revenue while placing a very large burden on farmers 
and ranchers and small business men and women.
  Repealing the death tax is an idea that has won bipartisan support in 
the past, including support from more than one sitting Democratic 
Senator. I hope it will win bipartisan support in this Congress as 
well. And I will continue to fight to ensure that no family farm or 
business has to worry about this punishing tax.
  I said it before, and I will say it again: One family farm or 
business lost is one too many.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Padilla). Without objection, it is so 
ordered.
  Mr. DURBIN. Mr. President, I ask to speak as if in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.