Mineral oil companies: Why an excess profit tax is not a good idea

The Bremen Senate is calling for the introduction of a so-called excess profit tax in the Bundesrat.

The idea is simple: If a company makes particularly high profits due to a crisis, an additional tax should be levied on these "excess profits".

At first glance, this seems a plausible idea: if a company makes an additional profit without any effort or investment, one could tax this additional profit without the tax reducing the motivation to invest.

This argument overlooks the fact that excess profits also have a useful function in the economy.

Let’s take a mask manufacturer as an example in spring 2020. At that time, individual federal states paid up to 10 euros per FFP2 mask – the manufacturers made excess profits.

It is precisely these profits that provide a strong incentive for other companies to now also produce masks.

FFP2 masks - also from German production - were soon available for less than one euro in every supermarket.

The excess profits led to new suppliers entering the market and thus to a fall in prices;

they were therefore temporary and a necessary market signal.

The example also shows that temporary excess profits disappear by themselves over time.

In many situations, supposed excess profits also turn out to be a reward for high costs at another point in time.

An example of this is the search for a Covid vaccine: many companies have incurred high costs to develop vaccines.

Few were successful, these then made high profits.

If the successful companies were now taxed (or the patent protection removed), the companies would no longer have an incentive to incur the high development costs in a possible next pandemic.

The excess profit tax is currently being discussed, particularly with regard to the high price of petrol.

The arguments mentioned so far are less relevant for mineral oil companies.

So is this a case for an excess profits tax?

There is already a law on this in the US.

It stipulates that large companies pay a 95 percent tax on profits that exceed the average profit for the years 2015 to 2019.

Only: The reference period was not chosen at random.

The average price per barrel of crude oil during this period was $57;

in the previous three years it averaged $108.

Depending on the choice of the reference period, the amount of the excess profits looks completely different.

Surplus is not something clearly defined, but something arbitrarily defined.

In addition, the state already taxes excess profits – as part of normal profit taxation.

On average, about 30 percent of all profits generated in Germany go to the state (even more if profits are distributed to shareholders).

Therefore, even without a separate excess profit tax, companies have to pay more tax if they make higher profits.

If there is concern that some large companies will evade regular profit taxation by shifting profits to low-tax countries, then this will also be the case with an excess profit tax.

However, the correct answer to this is to take better action against profit shifting and not to introduce an additional excess profit tax.

If you think through the idea of ​​an excess profit tax, the other side of the coin is that the state would have to support companies in bad years, i.e. compensate for underprofits.

This means that the state is increasingly taking on the entrepreneurial risk and intervening more strongly in the economy.

However, history has clearly shown that the social market economy is the better form of organization and that entrepreneurial incentives ensure more innovation and growth.

The state should concentrate on the framework conditions and the compensation for social hardship, such as that caused by high petrol prices.

Dominika Langenmayr is a professor of economics, with a focus on public finance, at the Catholic