Saturday, October 24, 2020

TAXES | What Trump's Returns Show about Tax Laws

Gene Steuerle of the Urban Institute this week has posted a fine summary of lessons from Trump's tax returns as reported by The New York Times. 

Trump's returns show how U.S. tax laws can break the link between wealth and income, increasing wealth concentration. 

His  returns illustrate many ways individuals and businesses with large  accumulated assets can shelter income that would otherwise generate tax liabilities. Steuerle says tax policies since the early 1990s have hiked the ratio of household wealth to income, generating $25 trillion of nominal wealth above normal growth. The Fed's recent buying of debt has further protected wealth holders.

Examples: 

  • Underreported capital gains. Income from appreciated property is not included in taxable income until the underlying asset is sold. Steuerle found in the 1980s less than one-third of net income from capital reported.
  • Tax exemptions for real estate owners. Large real estate investors typically use a pass-through business and are thereby able to claim exemptions from corporate and individual taxation. If property is held until death, no income tax is owed on accrued but unrealized gains. Gains can be deferred or excluded from tax at death, but property owners can immediately deduct almost all expenses on their tax returns. Investors in real estate can swap real estate properties with another owner and defer recognition of capital gains income.
  • Incentives for risky lending. Lending officers at an institution like Deutsche Bank make big money on loans even if their loans go sour. They earn bonuses by boosting the bank's cash flow. By the time the loan sours, it is usually too late to claw back bonuses.
  • Incentives for risky borrowing.  Borrowers can write off nominal interest costs that are a multiple of the real cost of borrowing. Near-zero-interest federal fund rates, while taxpayers deduct their nominal interest costs, mean that in real terms some investors are being paid to borrow money.
  • Tax incentives to declare bankruptcy.  An owner of two companies where #1 earns $5 million and #2 loses $6 million has an incentive to declare bankruptcy on #2 and avoid taxes on #1. Others bear the bankruptcy cost.

1 comment:

  1. A major real estate loophole is deducting too much for depreciation of improvements. Land is not depreciable. But if an owner claims 90% of a property's value is improvements, when it's only 50%, he can effectively depreciate land. Moreover tax rules allow him to depreciate those improvements much faster than they actually lose value. Then he can sell the property for its true much higher value, and the new owner can overdepreciate it all over again.

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