“Victimizing America”: Tax Loophole Benefiting Romney’s Estate Costs U.S. $1 Billion Over Ten Years
According to Bloomberg News, Mitt Romney is taking advantage of a tax loophole to pass off a fortune to his children without paying taxes on it. According to administration figures, this loophole costs the government $1 billion over a ten-year budget window:
In January 1999, a trust set up by Mitt Romney for his children and grandchildren reaped a 1,000 percent return on the sale of shares in Internet advertising firm DoubleClick Inc.
If Romney had given the cash directly, he could have owed a gift tax at a rate as high as 55 percent. He avoided gift and estate taxes by using a type of generation-skipping trust known to tax planners by the nickname: “I Dig It.” […]
While Romney’s tax avoidance is both legal and common among high-net-worth individuals, it has become increasingly awkward for his candidacy since the disclosure of his remarks at a May fundraiser. He said that the nearly one-half of Americans who pay no income taxes are “dependent upon government” and “believe that they are victims.” […]
The Obama administration estimates that closing the loophole Romney used would bring the federal government almost $1 billion in the coming decade.
One analyst said that $1 billion is a “laughable” under-estimate of the loophole’s effect, as “a single billionaire could pay $500 million more in estate taxes if these trusts are shut down.”
It’s unclear whether Romney would close this particular loophole, since he refuses to divulge details about his tax plan. However, he has been upfront about his desire to eliminate the estate tax, which only affects the richest Americans. That tax cut would save the heirs of the Koch and Adelson fortunes billions of dollars. As ThinkProgress detailed, the lion’s share of tax breaks doled out in the U.S. go to the very rich.
By: Pat Garofalo, Think Progress, September 27, 2012
“An American Hero?”: Right-Wing Lauds Facebook Co-Founder’s Decision To Renounce US Citizenship
Eduardo Saverin, the co-founder of Facebook whose falling out with the company and its CEO Mark Zuckerberg was the subject of the 2010 blockbuster The Social Network, renounced his US citizenship last week, and the right has wasted no time labeling him a hero.
Saverin, who owns a roughly four percent stake of Facebook, announced that he was expatriating last week, just in time to avoid paying a federal capital gains tax on the fortune heading his way when the social site files its IPO.
Forbes Magazine, the conservative-leaning and business friendly magazine, ran an article with the headline “For De-Friending The U.S., Facebook’s Eduardo Saverin Is An American Hero.” John Tamny writes:
Saverin’s departure is also a reminder to politicians that while they can obnoxiously decree what percentage of our income we’ll hand them in taxes, what they vote for won’t necessarily reflect reality. Indeed, as evidenced by Saverin’s renunciation, tax rates and collection of monies on those rates are two different things. Assuming nosebleed rates of taxation were a driver of Saverin’s decision, politicians will hopefully see that if too greedy about collecting the money of others, they’ll eventually collect nothing.
Tamny seems to be convinced that Saverin’s departure will open the floodgates for dozens of US executives, investors and other wealthy businessmen who have made fortunes off of stocks and bonds to dramatically renounce their citizenship, break through the shackles of big government and book a one-way ticket to wherever in an attempt to hold on to every last penny they’ve earned. What Forbes and The Heritage Foundation ignore is that the capital gains tax is at a historically low rate, and even proposals to increase it slightly would still fall well short of approaching the rate during the 1970s.
Saverin’s decision to flee the United States is also remarkably shortsighted. As Farhad Manjoo notes on PandoDaily today, Saverin’s life story in particular is one that is quintessentially American.
By: Adam Peck, Think Progress, May 14, 2012
“The Branstad Rule”: GOP Governor Uses Tax Loophole To Cut His State Income Tax Bill To $52
President Obama and Senate Democrats have been trying to implement the Buffett rule, a minimum tax on millionaires, which would remedy the problem of millionaires being able to pay lower tax rates than middle class families. One state lawmaker in Iowa thinks his state needs its own version — the Branstad rule — after Gov. Terry Branstad (R-IA) was able to pay just $52in state income taxes on his nearly $200,000 in income:
Gov. Terry Branstad’s $52 state income tax bill in 2011 is proof that fixes are needed in the tax system, Sen. Robert Hogg, D-Cedar Rapids said today.
“Some people talk about nationally we need a Buffet rule, maybe in Iowa we need a Branstad rule,” said Hogg, who additionally noted that a person making between $30,000 to $40,000 a year can expect to pay somewhere around $1,000 or more in state income tax.
Branstad was able to pay such a low amount because Iowa is one of just six states in the country that allows residents to write off their federal income tax payments from the previous year on their current year’s tax return. So Branstad was able to apply his 2010 federal income tax payments — which were paid on the salary he received from his prior job as the president of Des Moines University — to this year’s state income tax bill.
Iowa loses $642 million annually due to this provision, nearly one quarter of its total income tax revenue. More than half of the benefit of the deduction goes to the richest 5 percent of Iowans, while 76 percent of the benefits go to the richest 20 percent. “States should take a hard look at eliminating, or at least capping, their deduction because of the impact this lopsided tax policy has on state budgets and tax fairness,” the Institute for Taxation and Economic Policy wrote. Branstad’s administration called his low tax bill an anomaly.
By: Pat Garofalo, Think Progress, April 25, 2012
The “Bane” Of His Existance: How Mitt Romney Stiff’s The IRS
Unlike Mitt Romney, most Americans who will pay their taxes today can’t afford fancy accountants. But Romney has reluctantly made public his tax returns, and thus shared valuable strategies to ensure that he pays a far lower rate than, say, Warren Buffett’s secretary. Citizens for Tax Justice recently waded through Romney’s 2010 return—in which his $22 million in income was miraculously taxed at just 13.9 percent—to come up with a handy primer for how you, too, can beat the IRS at its own game. To paraphrase:
1. Don’t work for a living
The tax rate on money earned actually working (“salaries and wages”) can be more than double the rate on money earned sitting around watching your investments go up in value (“capital gains”), thanks to the work of other people. Almost all of Romney’s income is taxed as capital gains.
2. If you work, disguise your compensation as capital gains
About half of the $15 million in capital gains and dividend income Romney reported in 2010 was actually compensation for his work at Bain Capital. But using a tax loophole favored by private-equity guys, he was able to get paid by taking equity stakes in deals that he put together (“carried interest,” in tax parlance) instead of in the proletarian form of a fully taxable salary. Bonus: This allowed Bain to avoid paying Medicare payroll taxes.
3. Give to charity—but not with cash, checks, or money orders
In 2010, Romney was able to write off $1.5 million worth of Domino’s Pizza stock he donated to a charity. It is likely that he originally received the stock as compensation from Bain, in which case the price he paid for it would have been close to zero. In this scenario, by donating the stock instead of selling it and donating the cash, Romney would have saved about $220,000 in taxes.
4. Give to charity—but not now
Romney’s return reports income from the W. Mitt Romney 1996 Charitable Remainder UniTrust. Not only is the trust tax exempt, but when Romney set it up 16 years ago, he got a tax deduction for making a charitable donation. Though the money in the trust is eventually supposed to go to charity, Romney can receive income from the trust for a number of years—quite possibly for the rest of his life.
5. Give to charity—your own
In 2010 Romney made a tax-deductible, $1.5 million donation to the Tyler Charitable Foundation, which he controls. Commanding your own foundation allows you to curry favor with political and business allies by donating money to their pet organizations and causes. For instance, in 2010 the Tyler Charitable Foundation donated $100,000 to to the George W. Bush Library.
6. Do not invest in America
Certain foreign investment vehicles allow you to avoid certain taxes. For example, Romney’s Individual Retirement Account could bypass the Unrelated Business Income Tax by investing through a foreign corporation. Though it’s hard to know whether Romney availed himself of those kinds of savings, he has invested substantially in foreign entities, including ones based in offshore tax havens such as Bermuda, the Cayman Islands, and Luxembourg.
7. Invest in sexy financial instruments
Romney earned $415,000 from an investment that gets special tax treatment: Through an accounting loophole, 60 percent of the profits from the investment are treated as long-term capital gains, a designation that has tax benefits, no matter how long the investment is held.
8. Borrow money to invest
While you can’t deduct interest from car loans or credit cards, you can write off interest on the money you borrow to make certain types of investments—for instance, if you borrow from a broker to buy stock (a “margin loan”). Portfolio management fees are also write-offs. A fellow like Romney, who makes his millions mainly from investments, could probably deduct a fair sum.
9. Push the limits of the law
When you engage in a type of transaction that the IRS views as potentially abusive, you must disclose it in a separate form. In 2010, Romney filed six such forms.
10. Be part of the 1 percent
When it comes to taxes, it costs money to save money. You’ll need to hire lawyers to help you set up tax-exempt charities and trusts or exploit offshore tax havens—and a professional money manager if you plan to invest in sexy financial instruments. It probably won’t be cost effective if you aren’t already rich, but any hard-working son of a governor can land a job at a private-equity firm and start getting paid in carried interest. Bonus: You might make enough money to one day run for president.
By: Josh Harkinson, Mother Jones, April 17, 2012
“Eric’s Zombie Lie”: Cantor Says It’s Time To Tax The Poor
House Majority Leader Eric Cantor justifies his latest big tax break for millionaires by dragging out an old, big lie.
CANTOR: We also know that over 45 percent of the people in this country don’t pay income taxes at all, and we have to question whether that’s fair. And should we broaden the base in a way that we can lower the rates for everybody that pays taxes. […]
KARL: Just wondering, what do you do about that? Are you saying we need to have a tax increase on the 45 percent who right now pay no federal income tax?
CANTOR: I’m saying that, just in a macro way of looking at it, you’ve got to discuss that issue. […] I’ve never believed that you go raise taxes on those that have been successful that are paying in, taking away from them, so that you just hand out and give to someone else.
Let’s just do this again, debunk that zombie lie. The more than 45 percent of people who “don’t pay income taxes” don’t pay federal income tax because they’re too poor!They pay federal payroll taxes. They pay sales taxes in most states. They pay a larger share of their income in taxes than rich people do. And they are students, and disabled people, and the elderly who don’t have income.
And you know who doesn’t pay income tax? Two dozen Fortune 500 companies that avoided corporate income taxes altogether in 2011.
And Eric Cantor says that we need to take even more money away from poor Americans and give it directly to “those that have been successful.” That’s the Republican version of redistribution of wealth.
10:57 AM PT: The Cantor NASCAR/NFL owners tax break just passed, 235-173. Ten Republicans voted no, one voted present, and 10 Democrats voted for it.
By: Joan McCarter, Daily Kos, April 19, 2012
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