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Chris Weigant

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The Alternative Millionaires' Minimum Tax

Posted: 01/25/2012 9:07 pm

President Obama last night unveiled a new twist on an old idea in his State of the Union address to Congress -- limit the loopholes and tax giveaways that very wealthy people use to reduce their taxes far below the rate honest workers pay. Obama called for a minimum tax rate of 30 percent on income over one million dollars. To some, this sounds like a radical idea, but it really isn't. It is merely a refinement of a part of the tax code that has been with us for decades: the Alternative Minimum Tax.

The A.M.T. was enacted for precisely the same reason Obama is calling for a 30 percent tax rate on every dollar made over and above the first million per year -- fairness. The ultra-wealthy have always been able to afford spending money to use tax shelters and tax attorneys to move their dough around so they avoid paying what they should be paying -- the same rates everyone else pays. So the A.M.T. was introduced to fix the problem. If you make a substantial amount of money, you must figure your income taxes two ways: the traditional way, and using the A.M.T. worksheet. Whichever's higher, in essence, is what you must pay (if you fall under the rules for using the A.M.T.).

Now you may be thinking, "I've heard of the A.M.T. before... something about Congress 'fixing' it... " This is where we get into some massive budgetary fiction, or (if you prefer) blatant hypocrisy by our lawmakers (of both parties, it bears mentioning). The problem stems from the fact that the A.M.T. has not been truly modernized in quite a while. The income limits it set when it was enacted covered people who made a lot of money back then -- but when you fast-forward three or four decades, the same dollar amount now regularly hits people in the middle class (and really hits people in the upper middle class), rather than its intended target: the truly wealthy.

This is where the hypocrisy comes in. Why don't the folks in Congress just up the limits? It's common sense, right? If there's a problem with the dollar limits to the A.M.T., then adjust the limits and it works as intended again. Simple!

Well, that's what does indeed happen. Every single year, like clockwork, Congress passes an "A.M.T. fix," usually late in December when they think nobody's paying attention. They do not do this by honestly fixing the law, but instead by only carving out an exemption for a single year. There's a reason for this, which is where the budgetary fiction comes in. When Congress puts together a federal budget, they project it out for ten years into the future. These projections are nothing more than smoke and mirrors to begin with, because nobody -- that's nobody, no matter how many economic degrees they have -- can accurately predict the future, whether economically or otherwise. Putting that fiction aside, though, the A.M.T. is a fiction on top of this basic budgetary fiction. Because the A.M.T. -- if not "fixed" -- is scheduled to take in billions and billions of dollars in tax revenue. To put it another way, by using the outdated A.M.T. formula in the ten-year projections, it makes the budget picture look rosier than it actually is. If the A.M.T. were permanently fixed -- instead of year-to-year, the way it is done now -- then the deficit projections would be a lot larger. The fact that this is closer to actual reality matters little, because most people aren't aware of the fiction and the hypocrisy Congress regularly operates under.

So we continue "fixing" the A.M.T., and Congress pretends that they're not going to fix it for the next nine years, and the budget numbers are easier to work with -- even though Congress does indeed fix the A.M.T. each and every single year, and the tax revenues in the budget projections never actually appear. Once again, to be clear: both political parties are in on this scam. They both use the fictional numbers, while they know full well it is nothing more than a pipe dream that this money will ever materialize in the U.S. Treasury.

Which brings us back to Obama's suggestion in the State of yhe Union. While to some it might sound like a brand-new program, it really isn't. It would just be beefing up and modernizing the A.M.T. so that it works as it was originally intended -- to make sure the ultra-wealthy are paying the same rates as everyone else. But there's a golden opportunity here as well, because Obama's plan would bring in more money -- actual, real money and not fictional, budgetary-dream money. Because more money would be coming in, it would be the prime time to institute a permanent "fix" on the A.M.T. -- because the new income could balance out the "loss" of the fictional income in the ten-year budget projections.

It is silly and (at its core) dishonest to "fix" the A.M.T. every single year as if it is some sort of emergency situation. It should be fixed once and for all. If Obama's new "Alternative Millionaires' Minimum Tax" were combined with such a permanent fix, it could also be a lot easier to sell politically, since it would be "lowering taxes" on millions of households (in the ten-year projections), while only forcing a relative few households to "pay their fair share, just like everybody else." I realize this is no more than political rhetoric, and I also realize the chances of Obama actually passing this scheme are extremely low this year.

Whether it passes or not, it's an idea that most Americans are going to agree with -- even more so if the threat of paying the A.M.T. is removed entirely for (say) all households making less than $250,000 (Obama's usual dividing line for the middle class). End the A.M.T. on the middle class, and beef it up considerably on the millionaires and billionaires. Tying the two together is the logical way to go, and it also has the benefit of removing the yearly hypocrisy over the fictional budget numbers for nine out of ten of the projected years. It's time to end this scam -- perpetrated by both parties -- once and for all. Obama should go ahead with his A.M.M.T., and at the same time reform the A.M.T. so that Congress won't have to perform this fudging of reality every single year.

 

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11:04 AM on 01/31/2012
I would go for this if we got rid of the old AMT system entirely for all, and replaced it with the simple 30% rate on all income earned above the top 1% of earners (which is about $350,000, currently) under the following conditions: 1) The marginal tax rate for the top income bracket is reduced to coincide with the AMT rate of 30%, 2) The AMT threshold is indexed each year to the top 1 percent (not just indexed to inflation), and 3) filers can order their income that is most tax advantageous--i.e. their tax exempt or least taxable income, such as LT capital gains, can be placed under the threshold, and part of their salaried income would go over the threshold. Yes, that would be a nice first step of partial tax simplification, flattening of rates, and broadening of the base.
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flyovermark
...Obamacare is tyranny...
12:18 PM on 01/26/2012
Chris,

No one can argue that your solution for implementing the "Buffet rule" via the AMT isn't logical. The problem is the premise that fosters the AMT in the first place. It presumes that government revenues are a "tribute" that must be paid by all who are wealthy, as the price of being wealthy, because government is somehow "owed" for the very opportunity to acquire wealth. But the American dream is not for the nation to work for the prosperity of it's government, the dream is instead for government to work for the prosperity of the nation; the government owes the nation the opportunity to acquire wealth.
The AMT and the "Buffet rule" both turn the time-tested axiom of "the business of government is business" on it's head, and instead proposes that "the business of business is government".

...which explains mightily why "hope and change" has been such a colossal failure....
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LeftRight
TANSTAAFL
09:50 PM on 01/27/2012
Except for the fact that WITHOUT the government the wealthy wouldn't BE wealthy! The benefits that the wealthy get from society as a whole are literally staggering, ESPECIALLY when compared to the benefits that the average person gets!
11:43 AM on 01/26/2012
If the government wants tax revenues from our wealthiest businessmen, the government should get Apple, Google and Berkshire Hathaway to pay a 5% DIVIDEND.
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11:32 AM on 01/26/2012
Better yet make the rate 90% above $10,000,000. That will ensure the liberals in Hollywood, Buffett and Gates get hit since they keep preaching they want to pay more. And disallow all charitable contributions for people over $10,000,000 per year of income too. No more hiding your dollars in your charitable organizations like The Gates Foundation.
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12:45 PM on 01/26/2012
Plus, stop calling donations to churches charity!
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01:19 PM on 01/26/2012
I did not call them charity. My plan would hit Mitt Romney too.

The sign of a truly generous person is someone who gives without regard to their assets, their tax deduction and the PR they usually attempt to get. Mr. Gates would be wise to give anonymously and stop seeking PR for his donations.

Now I do applaud Bill Gates for attempting to hold charities feet to be more accountable for the money they receive. Too many charities, particualarly the ones associated with the UN tend to have too many hands in the pie and little ends up getting to the intended recipients.
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rbenjamin
Rule 5 rules
11:24 AM on 01/26/2012
The real question is whether the citizens of this country find it acceptable for the top 400 families in the United States to literally own half the non-public assets. You can put any amount of lipstick on it, but this amounts to a self-perpetuating oligarchy. Royalty in all but name.

Income inequality is growing because our government and economy are arranged as a money pump sucking what's left of the working population's wealth straight up to the elites. I don't see how a 30% minimum tax rate is going to fundamentally change this state of affairs. It would be like putting pressure on a bleeding artery - good first aid, but not life saving intervention.
Joel Smithis
Small business owner
10:57 AM on 01/26/2012
Many conservatives do not understand how our system work. They claim that 15% tax rate is legal and Romney hasn't done anything wrong paying this rate.

But this is not the point. The point is that people like Romney can aford to hire lobbyists and spent tons of money on political campaigns for only one purpose: get the capitals gains tax from let say 25% to 15%. Or plant a lopphole. If you sped 5 mln on key politicians and get 20 mlns in tax breaks, isn't that a return you never get on stock market?

Teapartiers, please take your head out of the sand, before you are completely destroyed by the very people you support!!!
11:41 AM on 01/26/2012
One of those people doing this is Obama's favorite talking point, Warren Buffet. Buffet does not pay less in taxes than his secretary, he pays a lower rate! Big difference. He pays a lower rate as his income from Berkshire is in "stock buy backs" instead of paying dividends and when he sells those stocks they are taxed as capital gains not income. Result - a much lower tax rate! Talk about a nice return on investments!
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LeftRight
TANSTAAFL
09:53 PM on 01/27/2012
Yes, he DOES pay less than his secretary by the only valid comparison. Since the amount of money he makes dwarfs his secretary's salary into literal insignificance, looking at it as a dollar amount is invalid. You MUST look at it from a percentage of income!

And by THAT way of looking at it, he DOES pay quite a bit less than she does. Not to mention the fact that he should be paying MORE as a percentage of income than she does because every dollar she pays in taxes is money that she won't spend in the economy, whereas every dollar HE pays in taxes is money that would otherwise be "invested" back into making him more money!
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flyovermark
...Obamacare is tyranny...
12:25 PM on 01/26/2012
Flawed logic. A capital gains tax "lopphole" (sic) isn't a "return" on an investment; it is less money taken from your investment return by government. It doesn't get you any more earnings, it merely prevents your earnings from being taxed at a higher rate.
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LeftRight
TANSTAAFL
09:54 PM on 01/27/2012
It most assuredly DOES get you more earnings because then you "invest" them back into where you got them in the first place, but this time with more money, which gives you more capital gains at a later date.
09:48 AM on 01/26/2012
Could we just tax capital gains like other income? Just remove the distinction from the tax code. It's a ridiculous policy with no rational basis whatsoever. Just add together all your income from all sources, including capital gains, and that's your gross income. Period.
10:00 AM on 01/26/2012
There is a very rational basis for the lower capital gains rate 1) to increase investment and 2) to partly offset the effectively higher rate on taxing the gain inherent in inflation. With assets held for a long term, the "gain" may be actually be a loss due to inflation. By having the capital gain taxed at a lower rate, the effective tax rate is closer to the ordinary income rate. Assets acquired in the 60's and 70's experienced massive inflation and economic losses on sale of assets were taxed as if is there were real gains.
Joel Smithis
Small business owner
11:02 AM on 01/26/2012
Make investments in US deductible, and problem solved. Eisenhower raised tax rates to 93%, but made investments deductible. The investment boom followed.
11:54 AM on 01/26/2012
1) Possibility of profit is the only reason anybody should invest anything, not because of favorable tax treatment. Such policies discourage making, doing, and selling in the United States. 2) If capital gains taxes are to be indexed to inflation, why shouldn't taxes on ordinary income also be indexed to inflation? Conversely, if taxes on ordinary income are NOT indexed to inflation, why should capital gains receive favorable treatment?
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Elbrando
The dream shall never die - Ted Kennedy
10:50 AM on 01/26/2012
AMEN

If corporations are people then the money they make should be taxed as other people are.
11:06 AM on 01/26/2012
The net income of corporations are already taxed at a flat rate of 35% on income in excess of $100,000. 39% is the tax rate on corporate taxable income from $100,000 to $335,000 with a flat rate of 35% all income in excess of $335,000. The is no lower capital gains tax rate for corporations. Secondly, any net income distributed to shareholders is taxed a second time resulting in taxing the same income twice with an effective federal tax rate in excess of 50%.
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dkrypt
Unencumbered by political correctness
08:54 AM on 01/26/2012
Raise everyone's taxes temporarily and decrease the govt permanently
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Gupdiver
We are in a period of Ineptocracy!
08:53 AM on 01/26/2012
You wouldn't need a AMT or new "millionaire" tax if the President and Congress would stop trying to pick winners and losers by the tax code. Reform it and just eliminate or limit the deductions, tax capital gains at 25% instead of 15% and then the rest of the progressive tax code would work, Every year Congress changes the tax code, why do you think it's over several thousand pages long and tax accountants and lawyers make a hefty sum figuring it out for individuals and companies.
10:44 AM on 01/26/2012
By setting the cap gains rate at 25% instead of the same as the personal income rate, you just picked a winner/loser. Why should "working" be taxed at a different rate than "letting money work for you?"
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Gupdiver
We are in a period of Ineptocracy!
11:38 PM on 01/26/2012
Under Clinton the cap gains rate was 20%, as even he knew most Americans pay a rate below 20%.
08:36 AM on 01/26/2012
abolish the IRS, end all tax breaks and subsidies, everyone PAYS

www.fairtax.org
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LeftRight
TANSTAAFL
10:39 AM on 01/26/2012
Except for the fact that without the IRS we'd see millionaires paying LESS taxes because they'd be able to hide their money easier...
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flyovermark
...Obamacare is tyranny...
12:58 PM on 01/26/2012
So what? Even WITH the IRS, forty nine percent of the population pays no income tax at all.
07:47 PM on 01/26/2012
after paying taxes on it ONCE, its NONE of their business!
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tinsldr2
Retired Army Officer
08:14 AM on 01/26/2012
Ok Mr Weigant, right off the bat you wrote "- limit the loopholes and tax giveaways that very wealthy people use to reduce their taxes far below the rate honest workers pay."

So, your class warfare act is now to the point that wealthy people are not Honest? My uncle owned a delicatessen in Philly and made a lot of money but was a hard working individual putting in well over 60-70 hours every week. Lots of wealthy people are hard working and HONEST.

Are you somehow claiming that Gov Romney did not come by his money HONESTLY?

Further to the point. He pays a higher rate of Federal Income Tax then 80% of Americans according to CNN. So are you claiming that only 20% of Americans are honest?

Is that really what you are saying? That only 20% of Americans are Honest workers? What type of GARBAGE are you writing today?

I have not even read the rest yet. but I am sure it will be a pile of joy and will let you know my feelings on it.
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TakeSake
The United States for All Americans
08:34 AM on 01/26/2012
Your uncle was an honest worker.

Romney got $374,000 in speaking fees. Gingrich gets $60,000 per speech.

Your resentful umbrage seems contrived.
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abbienormal
What hump?
08:44 AM on 01/26/2012
I agree. There is a difference between working 60 hours a week for your money and letting your money sit with a broker earning interest and dividends and then paying tax advisers to minimize taxes.
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tinsldr2
Retired Army Officer
08:52 AM on 01/26/2012
What is wrong with speaking fees? How is giving a lecture not honest work?

My brother has a PHD in Neuropsychopharmacology from an Ivy league university and he has an MD from same school. He occasionally gets paid to give talks by some pharmaceutical companies because of his expertise. Nothing dishonest about it.

Commencement speakers at colleges are often paid, and can earn big fees for it.

Is the Jersey Shore's Nicole "Snooki" Polizzi worth more than a Nobel Prize winner? The Rutgers University Programming Association certainly thinks so. They paid the reality star $32,000 for a Thursday night Q&A with 1,000 students. Meanwhile, Nobel Prize and Pulitzer Prize winning author and professor Toni Morrison will receive only $30,000 for speaking at the school's commencement on May 15.

Who is going to give a more intelligent and prestigious speech; Pres Clinton or Snooki? Shouldnt Clinton get more for a speech then Snooki? So why not Romney?

There is nothing inherently dishonest about speaking fees. Pres Clinton earned over 75 million in speaking fees.
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tinsldr2
Retired Army Officer
08:39 AM on 01/26/2012
AMT,

"Long-term capital gains receive the same preferential rate under the AMT as they do under the regular income tax."

So your whole point on the AMT would not effect people like Romney or Buffet. They earn capital gains that are taxed at a flat rate of 15%. Adjusting the AMT does not effect them anymore then raising a top rate does.

Just more reasons to go to a flat tax.
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KatRB
Diversity is fabric of America
08:05 AM on 01/26/2012
The primary reason the 16th amendment was ratified was because it was set up as a progressive system....the higher your income the greater the tax...and the vast majority of Americans were not earning enough income to have to file a 1040 form. In the century since then the financial system has evolved and Congress has made income tax law a complicated mess. While the president's idea on a new type of AMT sounds great to most Americans it will do next to nothing towards getting our tax laws back to sanity because the concept revolves around a static figure (in this case a million dollars), which will obviously change as incomes rise.

The biggest mistake ever made with tax law was with the 2001 and 2003 tax cuts. For nearly a century previous Congresses responsibily raised taxes in times of war and lowered them in times of peace. That pattern was irresponsibily broken by a GOP majority Congress when they lowered taxes during a time when we were fighting a global war on terror in two countries. It was the ultimate test of the GOP ideology regarding taxes, that is, lower tax rates equate to greater tax revenue. Obviously, it was a failed idea that has led to our govt facing unheard of levels of govt deficit and debt.

Replacing the AMT with the AMMT is another band-aid solution. However, it does, hopefully, open the national conversation that massive tax reform is needed.
08:38 AM on 01/26/2012
make taxes SIMPLE again. instead of paying as little as possible, everyone pays

www.fairtax.org
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KatRB
Diversity is fabric of America
03:10 PM on 01/26/2012
I used the little calculator on the website you provided and guess what? The amount of federal sales tax I would owe is almost double what I currently pay in federal income tax!

I do, though, most heartily concur, that taxes need to be SIMPLE. Just don't think the flat tax idea nor the sales tax idea are feasible nor fair.
10:07 AM on 01/26/2012
KatRB - the tax rate was lowered on qualified dividends to reduce the double taxation that existed on dividend income. The effective federal income tax rate on dividends was slightly in excess of 60%. When factoring in the state income tax rate, the effective tax rate was in excess of 70% - That is what a progressive calls a shared fair tax rate.

At the current individual tax rate of 15% on qualified dividends, the effective federal tax rate due to double taxation is still 43%. Most progressive would still call that a fair tax rate - except those that believe the tax rate on high income individuals should approach 100%
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KatRB
Diversity is fabric of America
03:05 PM on 01/26/2012
Ya' know, Joe, in 40+ years of filing income tax I never used the dividend lines at all. As such, I haven't got a clue what you're talking about. Thanks for commenting, though!
martman1
retired business owner
07:22 AM on 01/26/2012
How about this?

Zero tax on the first $50,000 of income from any source and a 30% flat tax on all earnings, from any source (including dividends and capital gains) above $50,000. No deductions of any kind. No tax on sale of primary residences.

A back-of-the-envelope calculation shows that this would bring in 33% more revenue ($300 billion more) than is currently being brought in.
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abbienormal
What hump?
08:44 AM on 01/26/2012
Well, if you really want to sink the middle class, this is one way to do it.
martman1
retired business owner
10:01 AM on 01/26/2012
How? The average income of the lowest 90% of income earners is $33,400 and the median income of all earners is $26,300. Someone earning $50,000 or less would pay no tax at all, someone earning $100,000 would pay 15% (versus about 18% now with deductions) and someone earning $150,000 would pay 20% (versus about 21% which they pay now with deductions)..
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kamachanda
Mr. President, Tear this Wall Street down!
06:55 AM on 01/26/2012
Nothing gets by the Obstructionist in Chief this year (Mitch McConnell).
08:39 AM on 01/26/2012
yea pol pot had no obstruction
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BigBearcatBill
This is the real Bearcat - a Binturong
03:50 AM on 01/26/2012
Why don't we have a few national debates between Economics Professors or Business Professors, give them a couple hours, equal time for presenting their cases, use graphs and charts and simple formulas, history trends, etc. A graph that would be interesting would be one of the tax rates for the wealthy (whatever that income definition is for the period like 100K in 1930 and $1mill annually now) since 1930 or 1900, etc. and the GDP, poverty rate or some measure of economic wealth for the whole country graphed over same period. I have a feeling the higher tax rate for wealthy periods will be during higher GDP and lowest poverty rates....oh but that may be inciting class welfare - Bring on the Econ and Bus Profs Debates. They sure as heck know more about this than our congressmen/senators.
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Woodn88s
funiture maker,musician,left leaning middle
06:18 AM on 01/26/2012
well your idea sounds great on paper but what would prevent the wealthy from hiring lobbyists and lawyers to corrupt the reports?
Sorry but I have become so mistrusting of anything legal or political. I wish I didn't feel this way
08:40 AM on 01/26/2012
if there were NO tax breaks for anyone they would disappear

www.fairtax.org