“Dubious Legal Tactics”: How Mitt Romney’s Millions Went Tax-Free Overseas
On the same day that Mitt Romney cracked his birther “joke,” new evidence indicated that he and his partners at Bain Capital have used questionable methods to avoid federal taxes – including a scheme that transforms corporate stock into untaxed offshore “derivatives,” and a practice that converts management fees into capital gains, which are taxed at a far lower rate.
While nobody has asked to see the Republican candidate’s birth certificate, as he said at a Michigan rally on Friday, everybody has a renewed interest in examining the tax returns he continues to withhold.
The complex and tricky tax shelters used by Bain Capital continued to emerge from as lawyers and other experts examined the hundreds of pages of previously confidential company documents uncovered by the Gawker website in an exclusive series this week. The authenticity of the documents was confirmed by a Bain spokesperson, who said that the company deplores the public posting of its proprietary materials.
In a sense, the latest revelations about how Bain protected its vast income from taxation are scarcely surprising to anyone familiar with the world of private equity where Romney made his fortune, estimated at $250 million or more. Avoiding taxes is among the most important attractions of that industry for the wealthy clients it aims to attract.
But several experts who have looked over the new Bain documents have warned that dubious legal tactics may have been employed by some of the company’s investment vehicles, including several that are listed on the partial returns that Romney has already released. Those experts, such as Victor Fleischer, a law professor at the University of Colorado, and Daniel Shaviro, who teaches tax law at New York University’s law school, have raised questions about both the equity “swap” and fee conversion maneuvers.
Companies like Bain make money both from investment income, which is taxed at the lower capital gains rate, and from management fees, which are taxed as ordinary income like wages. If the firm can somehow transform its management fees into capital investments, then it can avoid the 35 percent top federal income tax rate, and pay the 15 percent capital gains rate instead. That is what Bain evidently does to keep its partners’ taxes low – around the 13 percent rate that Romney admits to paying. But critics like Fleischer say this is an abusive tactic that cannot be justified by law, even though the IRS has never attempted to stop companies that use it.
“Unlike carried interest, which is unseemly but perfectly legal, Bain’s management fee conversions are not legal,” the Colorado professor wrote on his blog. “If challenged in court, Bain would lose. The Bain partners, in my opinion, misreported their income if they reported these converted fees as capital gain instead of ordinary income.”
Equally troubling is the use of offshore accounts to avoid taxation on stock holdings. This tactic is called a “total return equity swap,” because it involves swapping real equities for derivative paper investments that provide all the same dividends as the stock itself – but aren’t subject to federal taxes. According to Shaviro, this practice was sufficiently blatant to elicit a warning from the IRS two years ago. He wrote recently that those who used it over the past decade “were coming perilously close to committing tax fraud, in cases where the economic equivalence to direct [stock] ownership was too great.”
In the complex territory of tax law, precise boundaries aren’t always clear. What makes the “total return equity swap” potentially perilous for Romney, however, is the use of foreign accounts to avoid taxes, which is what many Americans suspect him of doing. Despite the accounts that he has maintained in Switzerland, the Cayman Islands, Luxembourg, Bermuda and other tax havens, Romney’s campaign has repeatedly denied, with little credibility, that his wealth was invested abroad to evade taxes.
The proof may well lie within the tax returns that he is so determined to conceal. Wisecracks about the president’s alleged foreign birthplace may not distract concerned voters from the overseas accounts where Romney’s money has been hidden.
By: Joe Conason, The National Memo, August 25, 2012
“Passing And Punting On The Trail”: Mr. Thirteen Percent’s “Just Trust Me Campaign”
Mitt Romney, returning to New Hampshire on Monday with his new running mate, lasted only about 30 seconds before stumbling right into the issue that has dogged his candidacy like no other.
“Gosh, I feel like I’m almost a New Hampshire resident,” the winner of the state’s Republican primary told the crowd at Saint Anselm College in Manchester. “It would save me some tax dollars, I think.”
D’oh! Does Mr. Thirteen Percent really want to remind everybody how determined he is to keep his tax returns private?
Maybe so. The Republican standard-bearer seems to take a stubborn pride in his refusal to cough up details. My colleague Greg Sargent argues that Romney seems to be running a “just trust me” campaign that extends beyond 1040s and into the policy realm. It’s an intriguing observation, and so I kept an ear out for specifics as I listened to Romney and Paul Ryan hold their joint town hall meeting at Saint Anselm. Sure enough, they spoke and fielded questions for about an hour but deftly avoided detail.
“I’m going to do five things when I’m in Washington,” Romney announced. This was a promising start.
“Number one, we’re going to take advantage of our energy resources,” he offered. Excellent! Drilling? Pipelines? Nuclear? Romney did not say: Just trust him.
“Number two, I’m going to make sure that our schools are second to none,” Romney said. “We need our kids to have the skills to succeed. That’s number two,” he went on. Thus ended the education-policy segment of the program.
“Number three, I want trade that works for America,” Romney said. The closest he got to specifics here was to say he would “crack down on cheaters like China when they play on an unfair basis.”
“Go, Mitt!” somebody shouted.
Mitt did go — right to No. 4, to “show America that this team can put America on track to a balanced budget and stop the deficit spending.”
“Mitt, Mitt, Mitt, Mitt, Mitt!” the audience chanted.
He moved on to No. 5: reducing regulations. And here he had a specific, sort of: “I want to make sure that we get Obamacare out of the way and replace it with something which will help encourage job growth in this country.”
Replace it with . . . something?
Of course, Romney is hardly the first presidential candidate to avoid specific commitments and promises. His opponent, President Obama, was caught on a hot mike telling Russia’s Dmitry Medvedev to wait until after the election for a new Russia policy.
The difference with Obama, though, is he has already established a track record in office. By declining to put meat on the bones of his policy proposals, Romney wouldn’t have any mandate from the voters if he does defeat Obama. In policy speeches, he’s somewhat more specific than he is at typical campaign stops, but even then there’s nothing resembling a comprehensive plan for budget balancing, job creation or tax reform.
Romney and Ryan, in rolled-up sleeves and open collars, took the stage at Saint Anselm to the orchestral tune “Tryouts,” from the college-football film “Rudy.” This was appropriate, because the two men were about to pass and punt on issue after issue.
Ryan, the policy wonk of the pair, teased the crowd with the prospect of specific proposals (“We’re going to win this debate about Medicare!”) but then floated the idea of letting younger Americans, when they retire, “have a choice of guaranteed coverage options, including traditional Medicare.” That is a specific policy — but it hasn’t consistently been Ryan’s; he got the House last year to approve his plan phasing out traditional Medicare.
Still, that was apparently enough detail for one day. “I won’t go into all the things that we’re proposing to do to get jobs back, because I want to leave something for Mitt to talk about,” Ryan said. “The point is, we’re offering you solutions.”
Just trust them.
In fact, Romney didn’t furnish the promised proposals, and his foreign policy didn’t get much more elaborate than “American strength is critical.”
The audience members were friendly, but they wanted more details. His plan to reduce the debt?
“We want to grow this economy and cut federal spending.”
His tax plan? “I will not raise taxes on the American people.”
His Afghanistan plan? “Bring our men and women home, and do so in a way consistent with our mission.”
His plan to reduce student costs? “Make sure that when you graduate, you can get a job.”
Just trust him.
By: Dana Milbank, Opinion Writer, The Washington Post, August 20, 2012
Share This Blog
Unknown Feed- An error has occurred; the feed is probably down. Try again later.
mykeystrokes.com 