“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
“Mitt Romney’s Sham Economic Plan”: A Right Wing Fantasy With A Right Wing Set Of Goals
Well, it seems like a good week for Mitt Romney to try to steer the conversation back to the economy. It doesn’t help him, granted, when people like Bill Kristol are saying that Obama managed the financial crisis “pretty well.” But foreign policy and the culture-warrior stuff hasn’t played so well for him, and after all, the economy was supposed to be his raison d’être in the first place, and the first debate is coming up next week, so why not? The only problem is that the economy doesn’t really help him either. As long as he refuses to be specific about which tax loopholes he’d close, he can’t talk economy with any real credibility.
A quick catch-you-up for those you who haven’t gotten this message yet. Romney wants to cut everyone’s tax rates. He acknowledges this will reduce revenue. He says he’ll make up the revenue by closing loopholes, but only those used by the wealthy. Experts say there aren’t enough of those. So he’ll have to close loopholes that middle-class people depend on. And obviously, that is a subject he has no desire to discuss.
Romney’s tax plan is absolutely central to his economic argument—everything, from growth to jobs to cutting the deficit, starts with cutting taxes. And it’s worth noting that, on this as on all issues, he’s moved hard right. He had one tax plan last year, but it clearly didn’t placate the right wing, so he came back in the late spring and released the new and current one, bigger and “bolder,” more Ryanesque and Norquistesque.
As with everything else he’s done to please the right, it’s causing him all sorts of problems back here on planet Earth. His numbers don’t add up, he knows they don’t add up, and so when pressed, he insists that they do, while ducking the kind of questions that presidential candidates from Barack Obama and Hillary Clinton to Gary Bauer and Lamar Alexander routinely have answers for. A number of journalists have tried, and all have failed.
And so, on 60 Minutes Sunday, Steve Kroft gave it another shot, only to be told by Romney that specifics would be a hindrance at this point because “if you want to work together with people across the aisle, you lay out your principles and your policy, you work together with them, but you don’t hand them a complete document and say, ‘Here, take this or leave it.’ Look, leadership is not a take it or leave it thing.
That’s just so obviously a dodge that he doesn’t even deserve an E for effort. No one is compelling him to say to Congress, “Here’s my plan, take it or leave it.” He can and in fact should say to Congress, “Here’s my plan, now let’s talk.” That’s actually what leadership is.
It’s my view that Romney’s intentional vagueness here is hurting him very badly. This may seem on its surface like the kind of thing that’s a little too wonky for your average American, but I say au contraire. I think most people grasp the problem here all too well.
There are a lot of details about politics and policy the American people don’t really get. But there are some things they do get. They get that they are permitted under current law to deduct the interest they pay on their mortgages. They get that their contributions to their health-care premiums are taken out of their paychecks before taxes are levied. And they—a fairly solid majority, anyway—get that supply-side economics has given the middle class the shaft and benefited the wealthy.
So when they hear a guy worth a quarter-billion dollars say he’s cutting taxes but won’t discuss loopholes, this is what I think they hear: he’s going to help himself and his friends, and we’re going to be left paying the bill. There may not be much class envy in America, but there is that much, anyway.
So let’s take a step back and unravel this. The economy was supposed to be Romney’s great strength. The Obama campaign hit him pretty hard on Bain and his business experience, so that advantage was neutralized. But still, he had the chance to say, “Bain aside, this here is how I’m going to fix the economy.” This is something all campaigns do. Romney has a five-point plan, but it’s not really a plan per se. It’s mostly just a set of goals. It’s as if I came up with a five-point plan to become rich and famous that went: write bestselling novel, win Oscar with follow-up screenplay, write movie theme song, and have Adele record it, start successful restaurant chain, invent next Internet.
It’s nice to see that this flimflam actually can’t work. People scoff at politicians’ promises, and I understand why, but in fact, behind most campaign promises are teams of policy experts at least trying to figure out how the candidate can fulfill that promise once in office. Romney’s promise is a right-wing fantasy that will benefit the same people who always benefit from Republican policies. Most voters can sense this. So he can’t really campaign now on the economy either. That doesn’t leave many options.
By: Michael Tomasky, The Daily Beast, September 25, 2012
“Tax-Payer Financed Capitalism”: The Great American Tax Debate Misses The Point
Casting the tax debate as an argument in which liberals want to use the tax system to reduce income inequality after the fact by taxing the wealthy at higher rates than middle and lower income classes, while conservatives favor flat taxes that tax rich and poor at the same rate, misses the main point. Deregulation of the financial system over the last 35 years and tax preferences that benefit corporations and wealthy individuals have done much to increase the before-tax incomes of the top 1 percent. An army of tax accountants, many of them recruited from the IRS, has figured out how to push the envelope on tax avoidance for the big businesses and wealthy individuals that can afford their high-priced services. For these folks, tax accounting has been transformed from a service that makes sure that required taxes are paid to a profit center that manipulates the tax code to generate huge returns at the expense of the tax-paying public. Increasingly what we see in the United States is the growing importance of tax-payer financed capitalism.
There is no economic reason that the debt taken on by corporations should be treated differently in the tax code from the equity invested by shareholders, but it is. Corporations get to deduct the interest paid on debt from their earnings, thus reducing the corporate income tax they have to pay. The tax code also provides an incentive for private equity firms, which plan to hold companies they acquire for their portfolios for just a few years, to load these companies with debt. In good times, this greatly increases the returns to investors. In poor economic conditions, this greatly increases the risk of financial distress and even bankruptcy, and imposes great costs on workers, creditors and communities. For investors with a time horizon measured in years and not decades, this is a risk worth taking for the promise of higher returns.
Tax preferences mean that income from owning stock is taxed at a far lower rate than income from working—a point made by Warren Buffet who famously pointed out that his secretary pays a higher tax rate than he does. The fiction that bonuses earned by partners in private equity and hedge fund firms is ‘carried interest’ that should be taxed at the lower rate on earnings from owning stock, rather than at the higher rate on ordinary income that ordinary workers and managers pay on their bonuses, boosts the income and wealth of these already wealthy economic players.
The use of aggressive tax avoidance schemes is rampant among big businesses and wealthy individuals. Setting up a subsidiary that lives in a file drawer in a tax haven and owns the company’s intellectual property and collects the royalties on it, or that owns the loans the company has made and collects the interest, allows financial institutions, pharmaceutical companies, and IT companies to park their profits outside the United States and defer taxes on this income indefinitely while waiting for a tax holiday to bring their profits home. Setting up so-called blocker corporations in offshore tax havens to launder taxable income for foreigners and pension funds, and turn it into nontaxable income is another favorite scheme.
Tax preferences and tax loop holes enrich the already wealthy and increase their incomes while starving the country of much needed tax revenue. The meaning of this rise in tax-payer financed capitalism is that the rest of us must either pay higher taxes or do without necessary services.
By: Eileen Appelbaum, U. S. News and World Report, September 19, 2012
“The Secret Weapon Is Us”: You Didn’t Build It, Mitt Romney, We All Did
The Republican National Convention opened by smacking President Obama with the theme “We Built it.”
To pound that message, Republicans turned to a Delaware businesswoman, Sher Valenzuela, who is also a candidate for lieutenant governor. Valenzuela and her husband built an upholstery business that now employs dozens of workers.
Valenzuela presumably was picked to speak so that she could thunder at Obama for disdaining capitalism.
Oops. It turns out that Valenzuela relied not only on her entrepreneurial skills but also on — yes, government help. Media Matters for America, a liberal watchdog group, documented $2 million in loans from the Small Business Administration for Valenzuela’s company, plus $15 million in government contracts (mostly noncompetitive ones).
In a presentation earlier this year, Valenzuela described government assistance as an entrepreneur’s “biggest ‘secret weapon.’ ”
Someone has set up a parody Web site, using the name of Valenzuela’s company, First State Manufacturing, to mock the Republican message. The site, FirstStateManufacturing.com, declares, “Thank God government was there for me.”
In short, the Republicans are inadvertently underscoring the point that President Obama was expressing in his “you didn’t build that” comment in July. Obama noted then that “if you’ve been successful, you didn’t get there on your own.” He pointed to public investments in roads and bridges that enable businesses to flourish, and then he inelegantly added, “If you’ve got a business, you didn’t build that.”
Fox News erupted in outrage, selectively editing the clip to confirm Republican prejudices that Obama doesn’t understand the private sector. This fits into the Republican narrative that business executives are heroic job creators when they aren’t held back by regulations and taxes imposed by quasi-socialist Muslims born in Kenya.
Democrats tried to highlight a flaw in that narrative when they released a new ad pointing to Mitt Romney’s outsourcing of jobs and telling him, “You didn’t build that — you destroyed it.”
Yet to me, that Democratic line of attack on Romney as a serial job destroyer feels unfair. Sometimes the way to save a company is to cut labor costs or outsource jobs, and almost nobody wants to ban trade or overseas production even though they can cost jobs.
What is fair is to observe that the Republicans’ claim that they are the great job creators is a fiction.
Prof. Robert S. McElvaine of Millsaps College examined employment data for the 64 years from the beginning of Harry Truman’s presidency to the end of George W. Bush’s. He found that an average of two million jobs were created per year when a Democrat was president, compared with one million annually when a Republican was president.
More pointedly, and unfortunately for Romney, business executives have only a mediocre record when transferring their skills to government. In the last great economic mess, this country was led by a Republican who had been stunningly successful in business: Herbert Hoover. Hmm. More recently, President George W. Bush staffed his cabinet with C.E.O.’s who had been stellar in the private sector — and that didn’t work out so well, either.
Obama’s point about our shared undertaking was made last year, more eloquently, by Elizabeth Warren, the Massachusetts Democrat running for Senate:
“There is nobody in this country who got rich on his own — nobody!” she said. “You built a factory out there? Good for you. But I want to be clear: You moved your goods to market on the roads the rest of us paid for; you hired workers the rest of us paid to educate; you all were safe in your factory because of police forces and fire forces that the rest of us paid for. …
“You built a factory, and it turned into something terrific or a great idea? God bless. Keep a big hunk of it. But part of the underlying social contract is, you take a hunk of that and pay forward for the next kid who comes along.”
In short, taxes don’t just smother. They can also fuel growth — when they’re invested in highways or the Internet, in colleges or early childhood education. They can create opportunities, as they did for Sher Valenzuela.
Or for Romney himself. He built his Bain empire partly because he was smart and hard-working, but also because of a great education and because of tax breaks for debt financing. Tax loopholes helped him build his fortune, and other loopholes gave him the low tax rates to retain it.
If the Republican convention wishes to highlight and explain Romney’s success, it should have a moment of silence to honor our infernal tax code.
Who built this country? Entrepreneurs, yes. But so did schoolteachers and railway construction workers. Doctors and truckers. Scientists and soldiers. You didn’t build it, Mitt Romney — we all built it.
By: Nicholas D. Kristoff, Op-Ed Columnist, The New York Times, August 28, 2012
“Delusional Supporters”: Mitt Romney Has Almost Certainly Not “Already Paid Taxes On His Ordinary Income”
You can’t write about tax rates these days without getting shelled by those who feel their favorite Presidential candidate is being attacked by whatever you say.
That’s too bad, because it hinders the ability to have a reasoned discussion about taxes, which is a discussion this country desperately needs to have.
(Almost no non-partisan economist thinks our budget deficit can be solved by cutting spending alone. Taxes will almost certainly eventually have to go up. The question is by how much and on who and when. And that’s a debate we need to have in as cool-headed a way as possible.)
Anyway, anytime one points out that Mitt Romney pays a very low tax rate for a citizen who makes as much money has he does, one quickly hears from Romney supporters who say, effectively, the following:
You idiot. Don’t you understand the difference between taxes on “ordinary income” and taxes on “capital gains”? Mitt Romney already paid taxes on his ordinary income–at normal ordinary income rates! Now you want to tax him twice–by making him pay the same taxes on his capital gains!!!
(Some Mitt Romney supporters are much more polite when making this argument, which is much appreciated.)
To answer the question, yes, I do understand the difference between taxes on ordinary income and taxes on capital gains. And I understand the rationale for having the two tax rates be different (to provide an incentive for investors to risk their capital and thus help build businesses that employ people). And I actually agree with that rationale. I don’t think we can afford to have the difference between the two tax rates be as big as it is, but I agree with the rationale.
But here’s the thing…
Romney’s supporters are almost certainly wrong when they assert that Romney “already paid taxes on his ordinary income” and that now he’s just risking his “capital.”
This is because Mitt Romney has almost certainly taken advantage of one of the most outrageous tax loopholes in our entire tax code: The “carried interest” tax exemption.
This loophole allows money managers to structure the performance fees they are paid as “capital gains” instead of as ordinary income.
The loophole therefore allows money managers to avoid paying ordinary income taxes on their performance fees and then make much bigger bets than they would be able to make if they actually had to pay taxes on their earnings. When the money managers use very sophisticated tax shelters, it also allows them to defer paying taxes for years (if not decades)–and then only pay low long-term capital gains rates instead of ordinary income rates.
Although we don’t know for certain that that’s what Mitt Romney has done (because he won’t release his tax returns), it seems highly likely that this is what he has done. And, in fact, the obvious unfairness of this tax loophole seems like one big reason he won’t release his returns.
To be clear:
Taking advantage of the “carried interest” tax loophole is not illegal or wrong. Romney has done what any smart tax-minimizing person in his position would have done.
But the loophole itself is outrageous.
And the existence of the loophole means that Mitt Romney has almost certainly not “already paid taxes on his ordinary income.”
Rather, Mitt Romney has probably figured out ways to make sure that many of the fees he was paid for managing clients’ money at Bain were directed into future Bain investments before he paid taxes on them. These Bain investment then presumably did extraordinarily well, and Romney’s pre-tax ordinary income compounded tax free. And now, presumably, Romney is paying himself “dividends” or “long-term capital gains distributions” out of these Bain funds, which means that not only his original fee income but his pre-tax investment gains are being taxed at vastly lower long-term capital gains tax rates.
If Mitt Romney had actually paid ordinary income taxes on his fee income and then bet his after-tax income on future Bain investments, those who support today’s low rates on long-term capital gains would be justified in saying this is perfectly defensible, fair, and acceptable.
But Romney almost certainly didn’t.
Rather, Romney almost certainly took advantage of an outrageous tax loophole to take home tens or hundreds of millions more dollars than he would have if he had paid ordinary income tax rates.
So the Mitt Romney supporters who suggest that he paid these rates, unfortunately, appear to be delusional.
By: Henry Blodgett, Business Insider, August 17, 2012
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