Monday, September 23, 2024

How much are the super rich paying?

Presented by the American Council of Life Insurers: Delivered every Monday by 10 a.m., Weekly Tax examines the latest news in tax politics and policy.
Sep 23, 2024 View in browser
 
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By Bernie Becker

Presented by 

the American Council of Life Insurers

WHO’S PAYING WHAT, AND WHERE: It’s an academic point, on some level.

But the Joint Committee on Taxation’s recent finding that the richest people in America pay fairly robust amounts of taxes could easily play a key role in next year’s big tax debate.

The results of November’s elections will help decide which party has the upper hand in 2025, at the end of which large pieces of the Trump tax cuts will expire. Still, it certainly seems likely that Democrats will use whatever leverage they have to fight for higher taxes on the wealthy and corporations.

That doesn’t mean that it’s likely that Democrats would be able to enact one of their proposals aimed at the unrealized gains of the super-rich, including the yearly tax on those worth at least $100 million that was rolled out by President Joe Biden and embraced by Vice President Kamala Harris.

But the rhetoric about how the light tax treatment of the uber-wealthy illustrates the broader inequities of the American tax system is bound to be a key part of Democrats’ message next year, as it has for years now.

Remember all that talk about a dozen years ago about Warren Buffett paying less in taxes, effectively, than his secretary? If anything, progressives now are more convinced that super wealthy have ways to tamp down their tax exposure.

MORE ON THIS IN A BIT, but first thanks for joining us again for Weekly Tax — where we have to give credit to the social media team at the Chicago White Sox for just posting through it.

Just paving the way for Checkers: Today marks 80 years since then-President Franklin D. Roosevelt gave a speech deriding Republicans for taking their criticism a step too far — by wrongfully accusing the president of spending about $20 million in federal money to go pick up his Scottish terrier, Fala, after the pup was accidentally left behind in the Aleutian Islands.

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A message from the American Council of Life Insurers:

As tax policy is considered for 2025, helping more people build financial certainty through all stages of life should be a priority. Additional tax burdens on life insurers and policyholders could put affordable financial protection at risk, driving up the cost of financial security. Learn more about life insurers’ commitment to financial protection here.

 

WHO, WHAT, WHERE CONT’D: So with all that, it’s understandable why Democrats would think that JCT’s finding that the 16,000 richest families in America pay an effective tax rate of around 34 percent is damaging to their case.

In fact, key Democratic senators criticized JCT far more sharply than is the norm for congressional tax writers, with Finance Chair Ron Wyden (D-Ore.) — who has his own proposal aimed at the held assets of the very rich — calling the report full of “junk math.”

And to be fair, they have gotten some backing from the expert community in recent days.

— For instance, Marty Sullivan, the chief economist at Tax Analysts, essentially said that JCT goofed by not counting unrealized gains as income, something he argued was the prevailing thought for “most economists and many regular people.”

To be fair, Sullivan acknowledged that it’s difficult to nail down figures like effective tax rates, and he said that he preferred any tax aimed at unrealized gains to be aimed at a smaller group of exceptionally rich households than Biden’s plan.

And yet: “We strongly suggest that the JCT’s estimated 34 percent rate isn’t evidence of a truly progressive tax system,” Sullivan wrote in Tax Notes.

— Elsewhere, Steve Rosenthal of the Urban-Brookings Tax Policy Center maintained there is a middle ground between JCT’s figures and what the Biden administration has claimed in recent years — that the very wealthy pay an average effective rate of just 8 percent.

The White House’s 8 percent statistic does count unrealized gains as income, and progressives like to point to an approach known as “buy, borrow, die” — in which the super rich escape taxes by taking loans against their assets — as a big factor in why that upper echelon arguably doesn’t pay enough to the IRS.

But like Sullivan, Rosenthal made the case that the largest problem when it comes to taxing the very, very wealthy is that they get big tax advantages when passing down unrealized assets when they die. (This is something Democrats tried to change during the Biden administration, before dropping the idea over concerns that it might affect family farms.)

“Rather than argue about tax rates of the super-rich, policymakers would do well to focus on how best to collect taxes on the trillions of dollars that escape income taxation permanently,” Rosenthal wrote.

The view from the right: Not surprisingly, Republicans quickly brandished the JCT figures as further proof that the U.S. already has a rather progressive tax system.

Adam Michel of the libertarian Cato Institute noted that the Organization for Economic Cooperation and Development has found that the U.S. has a fairly progressive tax system, even when accounting for state and local taxes.

The U.S. also has comparatively high income inequality and comparatively low tax collections, according to the OECD. But Michel and others on the right argue that it would be impractical for the U.S. to try fund a larger social safety net solely through new revenues from the rich.

“Whatever you think the size of government should be, I think we should be more honest with people that bigger government requires higher taxes on everyone, not just the rich,” Michel told Weekly Tax.

IT IS THAT SEASON: Former President Donald Trump certainly seems to have been seeking targeted political gains with his tax proposals this campaign — he announced “no tax on tips” in Nevada, after all.

But as our Ally Mutnick and Sarah Ferris noted, Trump’s flip-flop on capping the deduction for state and local taxes looks to be less of a play to win himself votes in November, and more of an effort to preserve a Republican-run House for what he hopes will be the first half of his second term.

Several GOP lawmakers in marginal districts in states like California and New York personally lobbied Trump to essentially disavow the $10,000 cap on state and local deductions that he signed into law in his signature tax cuts.

As it happens, the SALT limits are also set to expire at the end of 2025 — a rare revenue-raiser that will be on the table next year, along with sizable amounts of tax cuts for individuals and certain kinds of businesses.

To put that another way, offering SALT relief would raise the price tag on a potential agreement next year, at a time when key members in both parties have sounded the alarm about how much extra red ink might come with such a deal.

It’s also not clear how much of a priority SALT might be in next year’s talks, precisely because the current cap isn’t much of an issue outside of a handful of high-tax states like California, New Jersey and New York. (Recall, for instance, that Democrats didn’t do anything on the issue when they had control of Congress and the White House in Biden’s first two years in office.)

 

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Around the World

Reuters: “Russia discussing hefty hike in 'exit tax' for foreign firms, RBC reports.”

Bloomberg: “Korea’s Influential ‘Ants’ to Rally Against Capital Gains Tax.”

Also Reuters: “Japan PM hopeful Ishiba sees 'room' for corporate tax hike, Kyodo reports.”

Around the Nation

South Dakota Public Broadcasting: “Grocery tax debate heats up as election day approaches.”

NBC Connecticut: “Aviation fuel tax holiday raising concerns.”

WGEM: “Illinois House GOP lawmakers call on colleagues to take up property tax bills.”

Also Worth Your Time

The New York Times: “How Trump Could Upend Taxation in America.”

CNN: “Angela Alsobrooks improperly claimed tax deductions on DC, Maryland properties, records show.”

POLITICO Pro: “House GOP announces plan to avert looming shutdown.”

Did you know?

The dog piece in the Monopoly board game is a Scottish terrier.

 

A message from the American Council of Life Insurers:

Congress must stand up against any tax increases on life insurers and policyholders. Families and small businesses depend on financial protection products. Benefits like life insurance, paid leave, retirement savings, and more are guaranteed to be there when needed.

With key provisions of the 2017 Tax Cuts and Jobs Act expiring next year, maintaining tax policy that helps people build financial resilience and certainty is a top priority. Learn more about life insurers’ commitment to expanding financial stability here.

 
 

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