I think it needs to be more progressive. I think it needs to treat capital gains after some modest amount (say $10,000 per year) as ordinary income. Same with dividends.
Originally Posted by TexTushHog
(I will simply copy and paste a few random paragraphs I've posted elsewhere, so if my post looks somewhat disjointed and doesn't flow well, that's my excuse!)
There is a very strong inverse correlation between net realizations and the top tax rate on cap gains. I think you could probably raise the rate to 20% (where it was from 1997-2003) without producing significant distortions, but if you tried to push it much beyond that, you'd find that a lot of the anticipated revenue would quickly pull a disappearing act.
The above graph surprises a lot of people. Non-investors always seem to find this sort of mysterious, but it's really pretty easy to understand when you consider all the ways people can reduce their cap gains tax burdens.
When the top rate is 15-20%, many investors sell off a lot of stocks in overvalued markets (such as 1998-99 and 2006-07) without worrying much about tax consequences. If the cap gains rate were 35% or 40% (which is about where it was during much of the 1970s) that's not the case. Then investors were disincentivized to realize gains, or at least careful to match up gains and losses in the same tax year.
People should always remember that realizing gains is
completely optional. Another technique non-investors are generally unaware of is borrowing against an appreciated asset. With today's ultra-low interest rates, that's especially appealing. You can protect your gain with simple hedging techniques that cost a tiny fraction of the increase in capital gains taxes sought by liberals.
Even the finance ministers of Europe's social democracies do not advocate that capital gains tax rates be raised to anywhere near the levels to which they've pushed rates on ordinary income. There are very good reasons for that.
Returning the tax rate on qualified dividends to the ordinary income rate would also produce some unintended consequences. First of all, I and many other investors like dividend-paying stocks when the tax rate is 15%. If the rate were pushed all the way up to about 45% (expiration of the Bush tax cuts plus the proposed 5.6% surcharge on income from dividends and cap gains), then owning high-dividend stocks would not be very appealing. If politicians decide to get serious about pursuing these types of tax increases (most investors believe they are not going to happen anytime soon) people in the top bracket will sell out of these stocks, exerting downward pressure on the prices of many utility stocks and other categories that retirees who are not very affluent depend on for income.
Creating the sort of selling pressure that would knock a few percentage points off the portfolio values of middle-class Americans is not exactly my idea of good public policy.
You should always remember that when politicians start trying to fire bullets at the wealthy, of lot of middle-class innocent bystanders get caught in the crossfire.
Wrong. The "loophole" that allows Buffet [sic] to pay so little is the preferential treatment of capital gains income. It is now taxed as low as 15%...
Originally Posted by TexTushHog
Not true.
Buffett pays little or no capital gains tax because he rarely sells anything. Remember, he has famously said on many occasions that his favorite holding period for an investment is "forever." The "loophole" that has allowed him to amass great wealth without paying much tax is the corporate exclusion on dividend income upstreamed from ownership interests in dividend-paying public companies.
There was a long thread on Buffett's tax issues just a couple of months ago. I covered the issue in some detail, so I'll just quote my post from Aug 23rd:
Do any of you believe for a minute that Buffett has any intention whatsoever of paying additional taxes amounting to anything more than a rounding error in comparison to his net worth?
Just think about a couple of things for a minute. His op-ed stated that he paid tax at a rate of about 17.4%, leaving him with a tax liability of about $7 million. That suggests that his "taxable income" was around $40 million. Let that sink in for just a minute. $40 million. Did any of you notice that that's less than one-tenth of one percent of Buffett's estimated $50 billion net worth? And almost certainly not much more than a couple of percentage points of the dividend income Berkshire Hathaway received?
The simple and obvious point is that you could raise tax rates back to 1990s levels and it would hardly make any difference to Buffett.
Another obvious point is that if Buffett really did want to pay more tax, he could own most of that stock directly rather than through a corporate holding company such as Berkshire Hathaway. Most people don't realize that such corporations get an 80% exclusion on dividend income paid by companies in which they have greater than a 20% stake. Thus businesses owned by Berkshire Hathaway can upstream large amounts of cash to the holding company, which in turn pays corporate tax on dividend income at a rate of only 20% of what an individual holder would pay.
That's a big part of the reason Buffett's company is such a fantastic compounding machine. He can amass wealth on a mostly tax free basis, and he's been doing it for decades. Of course, almost all of Buffett's net worth will go the the Gates foundation and other charitable causes. Good for him. He obviously feels that they'll choose a more deserving set of beneficiaries that the U.S. government. (Hard to disagree with that opinion!)
What Buffett is essentially saying is that he wants and expects you to pay more tax if you are moderately affluent (but not rich), but he will make other choices regarding what to do with his money. The same is the case with many other wealthy individuals. I'm not telling you that that's right or just or fair; I'm simply telling you that's the way it is.
On the other hand, if you're affluent (but not wealthy) you may have no way to easily and conveniently escape increased levels of taxation. If your income sources are primarily salary, fees, or commissions, you'll pay a higher rate. If you're wealthy and they're primarily capital gains, you'll have choices regarding timing of realization, selling in a tax year in which you can partially or wholly offset with losses, choosing instead to borrow against an appreciated asset, etc. Those are just a couple of the reasons capital gains tax rate increases never raise anywhere near the revenue predicted by their supporters.
Originally Posted by CaptainMidnight
By the way, it might be worth mentioning that in the opinion of some, there's a good reason for this exclusion. It's often the case that insurance companies, for example, own substantial stakes in other companies. If the parent pays corporate tax on dividend income received, and then in turn someone else pays tax on dividends paid by the parent -- but from resources upstreamed to it by subsidiaries --the end result is multiple levels of taxation on the same stream(s) of income. That's arguably inappropriate, and would be avoided by different choices concerning ownership structure.
It should be noted that someone generally pays tax (eventually, anyway) since the parent company itself usually pays dividends from resorces upstreamed to it, even though that's not the case with Berkshire Hathaway (which does not pay dividends.)
Here's another point I believe is worth mentioning: Since Buffett can amass net worth at a rapid rate because Berkshire Hathaway's dividend income is largely sheltered, other wealthy investors -- who in most cases do receive at least some taxable dividends -- are placed at a comparative disadvantage relative to Buffett.