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Chris Glorioso

Chris Glorioso

Posted: December 22, 2009 02:28 PM

The title is neither subtle nor catchy, but it has bank lobbyists quivering.

The "Let Wall Street Pay for the Restoration of Main Street Act of 2009." Otherwise known as H.R. 4191, it is a bill you'll hear more about in 2010. The idea is to tax the speculative trading that accounts for an increasing, and some say alarming, share of Wall Street profits. We're talking about the rapid-fire, high volume, high leverage trades hedge funds use to create massive gains from minuscule asset price fluctuations.

The tax would claim a quarter percent (.25%) of every large stock purchase and 2 tenths of a percent (.02%) of every large derivatives purchase.

Economists are currently engaged in wonk-warfare over the trader tax. Some call the bill sound policy because it could generate $150 billion dollars for job creation and deficit reduction. Others declare the transaction tax is a sure fire recovery killer. That's an important debate to have, but if we assume some sort of securities transaction tax is fair (on the grounds US taxpayers deserve recompense for bailing out the banks), the tax should be apportioned so as to accomplish two goals: raise maximum revenue and de-incentivize systemically risky investment bets. The current bill fails on both accounts.

The trader tax reserves its biggest bite for stock trades, though traditional stocks were not the investment instruments that spawned the Great Recession. Derivatives, especially credit default swaps, were the lethal multipliers that turned a real estate bubble into a crippling credit freeze.

One can debate whether a trader tax is wise or unwise on the whole, but it seems spurious to suggest the bulk of the tax burden should fall on traditional equities like stocks. If the two goals of a transaction tax are curbing systemic risk and generating revenue, the tax incidence should fall more heavily on derivatives - not blue chips. Derivatives are inherently riskier and taxing them has far more potential to create revenue.

Not convinced? Consider the global value of stocks versus derivatives.

The value of all the world's stocks traded on all the global exchanges is estimated to be about $58 trillion. The value of all the derivatives contracts traded over-the-counter is estimated to be about $605 trillion. Put another way, derivatives trading accounts for a pool of possible tax revenue that is more than 10 times the size of pool of stock trades.

In the wake the decade-ending market collapse, some have begun calling derivatives nothing more than gambling. Indeed credit default swaps, interest rate contracts, and currency swaps look a lot like bets, since they are essentially complex wagers not legitimately backed by collateral. The banks, of course, claim derivatives are skillfully crafted contracts essential to hedging risk and making the US market the world's most liquid. Whether or not derivatives are a glorified form of gambling is a debate I'll save for another day. It's like arguing over whether poker is a game of skill or a game of chance. Surely it has elements of both. The critical point here is that derivatives are certainly more like gambling than investments in stock. The added risk is compounded by the fact that "too-big-to-fail" banks have sunk prodigious portions of their assets into these contracts.

The IRS taxes Las Vegas gambling winnings at a rate somewhere near 25%. The trader tax sponsored by Rep. Peter DeFazio, D-Oregon and Sen. Tom Harkin, D-Iowa would seek a tiny, tiny fraction of that. Before the tax emerges from committee, policy makers should recalibrate the percentages, increasing the burden on large derivatives and reducing the burden on stock trades - perhaps even exempting stocks altogether.

Even with these changes, the securities transaction tax faces serious hurdles. Though House Speaker Nancy Pelosi backs the bill, President Obama has yet to endorse it. For the trader tax to be successful, it will not only need White House approval, the administration will have to convince European and Asian nations to enact their own transaction taxes. Otherwise, Wall Street will simply avoid the tax by moving taxable trades offshore.

Authors of H.R. 4191 have tried to protect middle class investors from the tax on trades by exempting all transactions less than $100,000 and shielding all mutual funds and 401K retirement plans. Still the financial services lobby claims the costs to big investment firms will inevitably be passed down to retail investors. The potential of a trickle-down tax burden is a concern. However, history provides convincing evidence that concern should not be inflated.

To cope with the Great Depression in 1932, Congress enacted a trader tax worth more than 0.4% of every stock transaction. That is far higher than the tax being suggested by today's lawmakers.

The Depression-era tax remained in place until 1966, and during its life the value of the NYSE increased more than 800%. In the 17 years following the repeal of the trader tax, the value of the NYSE actually decreased by about 10%. This is not to say the tax was the cause of prosperity, nor the cause of decline. It is simply an illustration that market cycles may not be significantly affected by taxing trades.

On the other hand, there is near consensus that even a small tax on trades will discourage massive speculative investments in things like credit derivatives. Considering we now use phrases like "toxic assets" to describe those derivatives, that might not be such a bad thing.

Chris Glorioso is a television journalist in New York City who covers economics and politics for WPIX-TV.

 

Follow Chris Glorioso on Twitter: www.twitter.com/pix11glorioso

 
 
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02:18 PM on 12/31/2009
I would submit that the repeal of the trader tax in 1966, leading to a decrease in the value of the NYSE, supports the fact that high transaction costs and low volume leads to unfair stock prices.
02:11 PM on 12/31/2009
TRADER TAX IS A COMPETITION KILLER

I day trade for a living from my home in Ohio. I trade 100 shares at a time, but because I do a lot of trades, the dollar value is over $100,000 per day, so the exemption is not going to help me. I can make money because the TRANSACTION COSTS ARE SO LOW.

Market makers who work for Goldman Sachs and the like, control the majority of the volume because they have millions of shares they need to buy and sell. The lower the volume, the more easily one party can take control of the stock price. Stock prices will no longer reflect a fair market price and ALL investors will get suckered into buying and selling at the wrong time, including your mutual fund manager. Low volume will enable the big firms to run up the price for days, then tank it. Compare the charts of low volume vs high volume stocks to see this for yourself.

The internet and technology has leveled the playing field and created hundreds of small financial firms who can compete with the likes of Goldman Sachs in various niches. This bill will kill them off by increasing transaction costs and killing their customers like me. GS will do fine by decreasing volume, thereby decreasing tax revenue, and increasing profit by working the spread against all of us.

If this tax goes through, I'll have to get a job. Oh, wait, there are no jobs!
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Romeover
Civilization is for weaklings.
01:53 PM on 12/24/2009
Let's start by differentiating between "investment" and "speculation".

Let's define "Investment" as buying into a business or venture, paying fair market value, with the intention of holding on to it with the hope of receiving a dividend, or a portion of the profits generated down the line by the business/venture.

Let's define "speculation" as buying something at what is hoped to be less than market value, in the hopes of selling it to some fool at more than market value.

"Investment" is productive, and should be encouraged.

"Speculation" is not productive, and should be discouraged by heavy taxation.
08:06 PM on 12/24/2009
Investment that loses value is speculation. Speculation that makes money over the long time is an investment.
Says who? Mr. Market.

Investor has to feel confident that he will be able to sell the stock at any time ( even after 1 month ). Investment and speculation are 2 birds of a feather.
08:18 PM on 12/24/2009
Speculation should not be discouraged but strongly encouraged: eliminating people who are willing to risk their own money will lead to economy stagnation. Besides short-term speculation can't hurt long-term investors by any means because the investors hold their investment over the long-term by definition and they should not be susceptible to short-term price fluctuation. On the contrary that's how investors make money: buying stocks when the prices are falling and at the same time holding to their old positions.
Markets should be free and available to all sorts of participants.
11:26 AM on 12/23/2009
Transaction tax is a good idea. You pay sales tax on a pack of gum? Ever paid an environmental fee at the oil change place or the drycleaners? Same principle. Could raise buckets of money with little if any pain.
http://yieldpig.blogspot.com/
07:14 PM on 12/23/2009
Sales tax is a tax on end consumer whose living does not depend on it. Transaction is a tax on B2B transaction and in this sense it is unprecedented. So your comparison is unappropriate. Imagine the government taxes sales of your pack of gum ( B2B transactions ) all the way from a gum manufacturer down to a retail store. That would quickly put the the gum manufacturer out of business. Financial business is not different than any other business. But for some reason the lawmakers think that they can easily tax each and every financial transaction without any repercussions for economy.
07:44 PM on 12/22/2009
The transaction tax is inherently unfair under any circumstances because it's unfair to tax the already after-tax money that didn't make any profits yet.
As for discouraging speculative investment in credit derivatives I would like to remind you that impeding people who are willing to take a risk with their own money will backfire and will have negative consequences for the entire economy. This is economics 101. At the heart of the crisis was not the speculation per se but it's excessive leverage that eventually lead to the entire banking getting the Margin Call.
The Congress should regulate the leverage of the risky assets not discourage the speculation.
03:16 PM on 12/31/2009
I agree that the leverage of risky assets should be regulated. But how do you define "risky?" People didn't think that mortgage-backed securities were risky until the first money market fund broke the buck.

Maybe the leverage problem would have been mitigated with more substantial (instead of fractional !!) capital reserve requirements.

Or maybe Glass Steagall was a good thing after all.

One bad idea after another created this whole mess we're in, beginning with Freddie Mac. Freddie spawned an enormous hairball of speculation all around it because it took away risk by buying and guaranteeing loans. It encouraged speculation on the part of borrowers, lenders, formerly non-banking institutions that became parts of banks after Glass Steagall, AIG, etc., etc., etc.

So what does all this have to do with trading stocks? NOTHING !!!!!!!

On top of all that, government will be making more "too big to fail's" by killing small business competition in the financial services industry and further tipping the advantage to the big boys. I have news for you, those people you see on CNBC? They're not the big boys. For the most part, they're small to medium size businesses keeping the big boys honest.
07:25 PM on 12/22/2009
The idea of more taxes in a terrible economy is baffling. Instead of encouraging activity the Democrat Party seems to be doing everything it can to keep people down, poor, and miserable. I don't get it.
05:10 PM on 12/22/2009
This tax will raise purchase prices (and reduce selling prices) for all investors, farmers and manufacturers. Farmers will not plant enough crops and it will cause food shortages. ECN traders, who are mostly small business traders living on Main Street will be put out of business. They are the market markers so liquidity will dry up and all market users will be upset. The taxes raised will be far less than planned and income taxes, payroll and sales taxes will drop significantly. Hundreds of thousands of more jobs will be lost than the planners think they can create with redistributing this tax revenue. Online brokers will close, active investors will lose their second or primary livelihood. Downsizing financial services will downsize lending even more. This tax kills jobs, reduces lending, reduces net tax revenue collections and will outsource another great American industry to Asia - where they already said no to this dumb tax idea. Secretary Geithner will not allow this tax and leadership will say no too. Only very left-wing media and politicians are behind it mostly to raise money for charitable causes including climate change. Charity is good, but bad tax ideas that kill the economy are irresponsible.
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03:18 PM on 12/22/2009
Mr. Glorioso,... you make an excellent point.

It's not the stock traders, little or institutional that really caused the financial meltdown. It is the gambling.

Although I (as a small scale trader - never likely to make a trade worth more than $100K) would be willing to shoulder a fractional share of profit from such a tax - the stated goal IS to limit the big-time gamblers.

They really should help pay for the messes we invariably get to clean up.