fatguyinalittlecoat
Footballguy
Over the years we've had a bunch of threads devoted to tax policy discussions. Recently there seems to be an uptick in interest, spurred first by Warren Buffett's statements and then by tax plans offered recently by Republican Presidential hopefuls Herman Cain and Rick Perry. Probably not going to settle anything in here but maybe we can get some good nerd/nutjob talk going. Anybody is welcome to bring up any tax policy issues, but here's something I'm interested in discussing because it never seems like I get a satisfactory answer to this question.
Why shouldn't we just treat capital gains as ordinary income?
Here's a New York Times column that came up when I googled this question
Why shouldn't we just treat capital gains as ordinary income?
Here's a New York Times column that came up when I googled this question
This is largely why legislative efforts to eliminate the carried interest exemption have gone nowhere, not because of any special fondness in Congress for hedge fund managers. Unless Congress is willing to say baldly that hedge fund and private equity managers are a special class who deserve to pay higher taxes — a potentially dangerous effort to use the tax code to punish a group of people who are in disfavor largely because they make a lot of money — policy makers are going to have to confront a much broader and potentially far more explosive question: why are all capital gains, not just carried interest, treated more favorably than ordinary income?
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Whatever benefits lower capital gains rates might generate, they indisputably complicate the tax code and have spawned a multibillion-dollar industry in tax avoidance. “Every imaginable individual income tax shelter is driven by the differential,” Mr. Burman noted. He added that the tax code was needlessly complex. “Have you looked at the alternate rate schedule on the back of Schedule D? It’s so complicated. It’s insane. That alone is a really good argument for change.”
But the biggest reason for equalizing capital gains rates may be that it would generate a vast amount of additional revenue for the Treasury. The Internal Revenue Service reports that for taxpayers with the top 400 adjusted gross incomes, capital gains in 2008 amounted to an eye-popping average of $154 million for each of those taxpayers, or 57 percent of their adjusted gross income, and this in a year when the stock market plunged. In 2007, it was $229 million each, or 66 percent. Much of the windfall from higher capital gains rates could be offset by cutting the rate on ordinary income. For antitax zealots who vow they won’t accept one more penny of federal tax, all of it could be offset by lower rates on ordinary income. And for advocates of reducing the government deficit at least in part through higher taxes, tax reform is an appealing approach.
Though controversial, this isn’t a new idea. The most prominently successful advocate of a drastically simplified tax code that treated ordinary income and capital gains the same was Ronald Reagan, who made it a centerpiece of his successful 1986 tax reform proposal. (The lower rate reappeared as part of the Taxpayer Relief Act of 1997, championed by Newt Gingrich, the former Republican speaker of the House, and signed by Democratic President Bill Clinton.)
In the end, the most compelling argument for equalizing tax rates on capital gains and ordinary income may not be economic efficiency, growth incentives, higher tax revenue or reducing the deficit. It’s simple fairness. It’s hard to quantify or put a dollar value on a just society. “I’ve earned both, and in my experience earning income from capital gains is a lot easier than earning ordinary income,” Mr. Burman said. “Why not tax both at the same rate? It only seems fair.”
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