“It’s August Already”: Will We Ever Get To See Romney’s 2011 Tax Return?
I don’t know about you, but this year I filed my taxes just before the April 15 deadline. Most people do. But if you need to, you can file for an extension from the IRS. That’s what Mitt Romney did. And if you look around the discussion about his taxes, you’ll find that everyone keeps referring to the “two years of tax returns” Romney has agreed to release. But what people don’t mention is that Romney hasn’t actually released two years of tax returns. He released one year, his 2010 return (and even that was incomplete). But we haven’t seen his 2011 return. He keeps saying he’ll release it when it’s ready, but is it going to be ready before November?
In fairness, Mitt Romney’s taxes are really, really complicated. He has so many different income streams and accounts and pass-throughs and roundabouts and double-flipping financial McTwists that it takes a team of accountants to prepare the documents. His 2010 return ran to more than 200 pages. But it’s August. Maybe someone should ask whether the accountants are making progress.
My guess is that for the next three months, every time the question comes up, Romney will say that the return is being prepared, and he’ll release it as soon as it’s ready. And then lo and behold we’ll get to election day never having seen it.
From Romney’s perspective, this makes perfect strategic sense. Nobody seems interested in the 2011 return, so there isn’t much cost to putting it off, and if he does release it, that’ll mean a couple of days of stories about all the interesting stuff it contains. It’s essentially the same calculation as he’s using on the rest of his returns: there’s a cost to not releasing them, but it’s evidently smaller than the cost he anticipates from releasing them. So, voters: No tax returns for you!
By: Paul Waldman, Contributing Editor, The American Prospect, August 6, 2012
“We The People vs You People”: Why Mitt Romney Won’t Release His Tax Returns
What’s Mitt Romney hiding, exactly? Why won’t he release his long-form birth certificate college transcripts tax returns? Well, his tax returns are probably just the words “I DON’T HAVE TIME FOR THIS PEASANT WORK I’M QUITE RICH YOU SEE” scrawled in a Montblanc on an otherwise blank 1040EZ, but we’ll likely never know: He refuses to release any returns from prior to 2010 (he claims he’ll get around to showing us his 2011 return), which is all sort of weird because the guy has been planning on running for president for a while, and one thing presidential candidates do is release a whole bunch of tax returns, a practice pioneered by this guy named George Romney, the kindly puppeteer/scientist who crafted/programmed young Willard.
Ann Romney, whose horse is competing in the Olympics, went on the TV to patiently explain that, no, the Romneys would not be sharing any more information on their finances. This is an actual thing she said, on ABC: ““We’ve given all you people need to know and understand about our financial situation and how we live our life.”
Whoa, there, Ann. When you’re being painted as a living embodiment of out-of-touch plutocratic wealth, maybe avoid the construction “you people.” Even if you just mean it to refer to “the press,” which it seems like you probably did.
People have some theories about what is so bad in Romney’s tax returns. Some people think he might not have paid any taxes at all one year, which Romney’s campaign denies. (But how do we know?) Matt Yglesias, who points out that the guy already ran for president once so you’d think he’d have cleaned his tax situation up a bit, says maybe there’s something in the very recent past that Mitt doesn’t want exposed (like his disclosing his secret Swiss bank account to the IRS to avoid criminal prosecution in 2009?).
There are a bunch of other reasons, too, and all of them can be summarized as “he won’t release them because they will confirm what we already basically know about Romney’s wealth and business practices.”
But Ben Domenech and Erick Erickson have a different idea of exactly what Romney’s hiding. A brilliant, counterintuitive idea. This is for real their actual theory:
Ben Domenech has been doing some pretty solid reporting in The Transom (you’ve subscribed, haven’t you?) about what might be in Mitt Romney’s taxes. He offers this morning the best and most informed theory.
Why most informed? Well, he talked to people who were familiar with the veep vetting process for McCain in 2008.
Here’s what he reports:
So what about the years before 2009? We know he turned over more than two decades of returns to the McCain campaign during the veepstakes vetting process. What was in them? “Mitt’s taxes were complex, but clean. He overpaid his taxes…”
That’s so simple, I can’t believe I didn’t think of it before. Mitt Romney doesn’t want anyone to know that he… overpaid his taxes. The guy whose effective rate was 14 percent in 2010, the one return he released to the public, definitely paid way more than that in his secret, hidden, earlier returns. He is embarrassed, I guess. He doesn’t want his rich financier friends to laugh at him.
By: Alex Pareene, Salon, July 19, 2012
“Billionaire Nullification”: With No Guardrails, Secret Money Fuels The 2012 Elections
For those who believe money already has too much power in U.S. politics, 2012 will be a miserable year. The Supreme Court’s Citizens United decision, lassitude at the Federal Election Commission and the growing audacity of very rich conservatives have created a new political system that will make the politics of the Gilded Age look like a clean government paradise.
Americans won’t even fully know what’s happening to them because so much can be donated in secrecy to opaque organizations. It’s always helpful for voters to know who is trying to buy an election, and for whom. This time, much of the auction will be held in private. You can be sure that the candidates will find out who helped elect them, but the voters will remain in the dark.
We do know that the playing field this year is tilted sharply to the right. Journalists often focus on the world of rich liberals in places such as Hollywood and Silicon Valley. But there are even more conservative millionaire and billionaire donors who hail from less mediagenic places. There is, for example, a lot of oil money in Texas. Then there’s Wall Street. Once a bountiful source of Democratic as well as Republican cash, it has shifted toward the party of Mitt Romney, John Boehner and Mitch McConnell. And then there’s Las Vegas casino mogul Sheldon Adelson, whose $10 million donation to the super PAC supporting Romney was reported Wednesday.
Republicans argue that turnabout is fair play. Barack Obama shunned the public financing system in 2008 and vastly outspent John McCain. Democrats, they say, are complaining now because they are at a disadvantage.
That’s at best half right. It’s true that Obama struck a blow against public financing, though the system was insufficiently financed and would eventually have collapsed under its own weight. And four years ago, Obama filled his coffers through the regulated system that limited the size of contributions and that required disclosure. This year, there are no guardrails, no limits on what can be raised and spent. A remarkably small number of very wealthy people will be able to do what hasn’t been done for generations.
And their influence will be especially large in congressional races where the outside groups can swamp what the candidates themselves spend. Those who claim that this is all about free speech need to explain how speech is free when one side can buy the microphone and can set the terms of debate, especially in contests below the presidential level.
What is to be done? The IRS could and should crack down on political committees legally disguised as “charities.” The Federal Election Commission and Congress could promote disclosure. The Supreme Court could undo its error, or we could do it by embarking on the cumbersome process of amending the Constitution. Ultimately, we need to democratize the money chase by providing, say, 5-to-1 public matches for small donations.
But it’s highly unlikely that any of this will happen before November, so here is a modest proposal: A small group of billionaires, aided perhaps by a few super-millionaires, should form an alliance to offset the spending of the other billionaires and super-millionaires. They might call themselves Billionaires Against Billionaire Politics. These public-spirited citizens would announce that they will match every penny raised by the various super PACs on the other side.
In principle, they could commit themselves to balancing off whichever side — conservative or liberal, Republican or Democrat — is dominating the airwaves and the fundraising. The idea would be to destroy the incentives for the very rich to buy the election. If shrewd wealthy people realized that every $10 million they put up would be met immediately by $10 million from the other side, they might lose interest in the exercise.
As a practical matter, it’s conservative dollars that need to be offset, so this balancing act would likely be financed by non-conservatives. George Soros, Warren Buffett and New York Mayor Mike Bloomberg come to mind. But there may be other, less high-profile wealthy folks who want to do their patriotic bit. The hope is that this would be a one-shot deal. After one nuclear winter of an election, rich partisans could agree to mutual disarmament.
It’s preposterous that our system has handed over so much power to those with large fortunes that the only way to get matters under control is to have one group of rich people check the power of another group of rich people. Maybe the absurdity of it all will finally force the Supreme Court and Congress to bring us back to something more reasonable. It’s called democracy.
By: E. J. Dionne, Opinion Writer, The Washington Post, June 13, 2012
Newt Gingrich Used Gimmick To Avoid Paying Taxes On Millions In Income
Former House Speaker Newt Gingrich (R) caused a stir during last week’s Republican presidential primary debate when he released his 2010 tax return and revealed that he had paid a 31.5 percent tax rate on $3.14 million in income. The release came amid widespread calls for Gingrich’s fellow candidate, former Massachusetts Gov. Mitt Romney (R), to release his own tax returns, after Romney admitted his tax rate was about 15 percent.
But further scrutiny of Gingrich’s own returns from tax experts has revealed that his tax rate should have been even higher. That’s because, according to Forbes, Gingrich dodged “tens of thousands of dollars in Medicare payroll taxes” by classifying most of his income from two companies he owns as profits and dividends, therefore avoiding the payroll tax — a technique the IRS has “consistently and successfully attacked” in the past. Newt and Callista Gingrich classified only $444,327 of their income from Gingrich Holdings and Gingrich Productions as ordinary income. Meanwhile, the other $2.4 million earned was classified as profits or dividends, meaning it was not subject to payroll taxes.
According to tax experts interviewed by Forbes, that means Gingrich is dodging taxes he likely should be paying:
“It appears that he is not paying his fair share of Medicare tax,’’ Robert E. McKenzie, a partner in the Chicago law firm of Arnstein & Lehr LLP concluded, in an email to Forbes, after reviewing Gingrich’s 2010 tax return. McKenzie, a past chairman of the Employment Tax Committee of the American Bar Association Tax Section and a member of the IRS’ Advisory Council, added: “There are a multitude of cases where the IRS has successfully challenged the improper tax strategy of this candidate and his accountants. Service businesses are only allowed to distribute a fair return on investment from an S corp. as profits exempt from Medicare taxes. The remainder of profits must be paid as salary subject to a 2.9% Medicare tax levy.”
As Forbes notes, the IRS has specific rules on how payments from a small business like Gingrich Holdings should be treated for tax purposes, and the amount Gingrich says he invested in his companies — between $500,000 and $1 million — is likely “far too little” to “justify booking $2.4 million as profit.” The ploy, however, is used widely. According to the Government Accountability Office, S corps. like Gingrich Holdings underpaid wages by $24 billion in 2003 and 2004, allowing owners to avoid payroll taxes.
Gingrich’s dodge of Medicare taxes, though, pales in comparison to the tax break he’d give himself should he get to the White House. His tax reform plan calls for a flat 15 percent tax rate, slashing his effective rate to 14.6 percent and giving himself a $540,000 tax break in the process.
By: Travis Waldron, Think Progress, January 23, 2011
Newt Gingrich: “So Busy Serving His Country That He Had To Cheat The Government To Save The Government”
While candidate Gingrich has been busy focusing on the tax return failings of his opponent, Governor Mitt Romney, a report by Forbes’ Janet Novack suggests that, once again, Newt may be using a good offense to keep from having to play some serious defense when it comes to his own failure to pay up on his tax obligations.
According to Novack, “Newt Gingrich avoided tens of thousands of dollars in Medicare payroll taxes in 2010 by using a technique the Internal Revenue Service has consistently and successfully attacked.”
Gingrich’s primary source of income, as revealed on the one tax return he has disclosed, comes from two “S” corporations owned by Newt and his wife, Callista. S Corporations are employed as a means to allow money to ‘flow through’ to the shareholder-owner as if it were a sole proprietorship or partnership, thus avoiding taxation at both the corporate level and re-taxation at the personal level.
It is a perfectly kosher way to do business.
However, according to the law, such corporations are supposed to pay out most of its earnings as direct payments to the owner/shareholder rather than as profits or dividends which are exempted from certain tax obligations— such as the 2.9 percent of earnings which are to be paid to Medicare.
As stated on the IRS website
Reasonable Compensation
S corporations must pay reasonable compensation to a shareholder-employee in return for services that the employee provides to the corporation before non-wage distributions may be made to the shareholder-employee. The amount of reasonable compensation will never exceed the amount received by the shareholder either directly or indirectly.
Distributions and other payments by an S corporation to a corporate officer must be treated as wages to the extent the amounts are reasonable compensation for the service rendered to the corporation.
The key to establishing reasonable compensation is determining what the shareholder-employee did for the S corporation. As such, we need to look to the source of the S corporation’s gross receipts.
The three major sources are:
1. Services of shareholder,
2. Services of non-shareholder employees, or
3. Capital and equipment.
There is little question that the revenues flowing through Gingrich’s companies are the direct result of the services provided by Newt and his wife, whether by way of speaking fees, book royalties, film productions, etc. Thus, it would be reasonable to expect that the preponderance of revenue coming into the Gingrich corporations would pass through directly to Mr. and Mrs. Gingrich and be subject to taxes such as the Medicare tax.
Yet, in 2010, the Gingrich corporations paid out $444, 327 as salary to Newt and Callista while reporting some $2.4 million as profit or dividends – thus allowing the Gingrichs to avoid paying the 2.9 percent Medicare tax on the bulk of their earnings.
Of course, now that Gingrich is running for president, it is unlikely the IRS will come after him as he would simply call it an attack by the Obama administration.
And while there will, no doubt, be an agreement between Romney and Gingrich not to ‘go there’ – as both are now likely to be vulnerable on their respective tax returns—expect Rick Santorum to make a fuss unless he too turns out have some tax issues.
Personally, I can’t wait to hear Newt find a way to blame this on the media.
Or maybe he’ll tell us that he was so busy serving his country that he had to cheat the government in order to save the government.
By: Rick Ungar, Contributing Writer, The Policy Page, Forbes, January 23, 2012
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