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Eric Schoenberg

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A Tale of Two Loopholes: The President's Taxes and Mine

Posted: 05/15/2012 12:05 pm

President Obama recently released his 2011 tax return, showing an adjusted gross income (AGI) of $789,674 on which he paid federal income tax of $162,074, or 20.5 percent. The president noted that, like Warren Buffett, his secretary paid a slightly higher rate than he did.

I still haven't filed my tax return for 2011 -- like Mitt Romney, I have complex investments which usually keep me from filing until October (Mitt and I still have to pay what we owe in April, and are subject to penalties and interest if it turns out we didn't pay enough). My 2010 return, however, showed an AGI of $723,924, on which I paid $115,310, or 15.9 percent, in income tax. Thus, while the president had nearly $66,000 more in pre-tax income than me, his after-tax income was only $19,000 higher.

Occupy Wall Street has focused attention on the growing inequality in wealth between the top 1 percent and everyone else, a topic the president addressed in comparing his tax rate with his secretary's. But a comparison of the president's tax return with my own shows that growing wealth gaps are also occurring within the top 1 percent, and that our supposedly progressive tax system is making the problem worse.

Though my income was similar to the president's, I actually have more in common with Governor Romney. We are both the sons of successful businessmen who had our own lucrative careers in finance but now get almost all of our income from investments rather than labor. In 2010, my earned income from several part-time academic positions was 9 percent of my AGI, somewhat higher than Romney's 3 percent, while my single biggest source of income was capital gains, which accounted for 56 percent of my AGI, almost identical to Romney's 58 percent.

In short, Governor Romney and I are coupon-clippers (so named for the interest coupons attached to bonds back when they were pieces of paper instead of electronic bits). Our low tax rates -- Romney's was 13.9 percent in 2010 -- are due almost entirely to the fact that capital gains and certain dividends are subject to a maximum rate of 15 percent, as opposed to the top rate for labor income of 36 percent.

The president, by contrast, is a working man. Earned income from his presidential salary and book royalties accounted for over 100 percent of his AGI (he reported a loss on investments). But while he paid income tax at a higher rate than Romney or me, his rate of 20.5 percent was still low by middle class standards. Why?

The answer is simple: the president gave to charity $172,130, or almost 22 percent of his AGI. Since charitable donations are tax-deductible, these gifts lowered his taxes by around $60,000; without them, his tax rate would have been closer to 28 percent.

To be sure, Mitt and I also gave away substantial sums (14 percent and 9 percent of our AGIs, respectively). But since our marginal rates are lower, our benefit from tax deductions is lower, too, so eliminating our charitable deductions would have only raised my tax rate to about 19 percent and Mitt's to 16 percent.

If you've made it this far, your head may well be spinning from all the numbers and percentages. And that is an important part of my point: our tax system's mind-numbing complexity results in people with similar incomes paying wildly different amounts of tax, which is not only confusing but unfair and inefficient.

Paul Ryan, Republican Chairman of the House Budget Committee, has proposed a tax plan he claims will address this problem by lowering rates while closing "loopholes." Numerous commentators have complained that the plan fails to identify a single loophole that will be eliminated, but Ryan has been crystal clear about one thing: he doesn't think that a lower rate on investment income is a loophole. In fact, he has called for the complete elimination of taxes on investments.

If we assume that Congressman Ryan succeeded in eliminating every other deduction and exemption in the tax code, what would be the impact? Using rates laid out in Ryan's "roadmap", the president's taxes would have gone up by over $22,000, making him a poster child for Republican claims that by eliminating loopholes, tax reform will improve the progressivity of the tax system. Yet the Ryan plan would nearly eliminate the income tax burdens of Governor Romney and myself. Mitt's taxes would have declined by nearly 95 percent, to just over $184,000, while mine would have shrunk by over 97 percent, to a mere $3,300.

Republicans argue that taxes on investment income reduce the incentive for job creation. Leaving aside the critical question of whether there is any evidence that this is true, the fact is that everybody offers a rationale for why the particular loophole they favor (and benefit from) is absolutely critical for the proper functioning of society. Republicans are welcome to argue that investment income deserves preferential treatment, but claiming that this is not a loophole is ridiculous.

Moreover, if they want to make that argument, they should also admit that they are in favor of the growing inequality in wealth, because that is the natural consequence of their position. Under their plan, if President Obama earns $100,000 in book royalties, he gets to keep $75,000 after paying federal income tax, but if I earn $100,000 in dividends, I get to keep $100,000. So given two people with equal incomes, the one who gets more of it from prior investments -- who by definition is richer -- will find it easier to accumulate new wealth.

Personally, I think that deductions for charitable donations are more justifiable than lower rates for unearned income, but I have come around to thinking that we ought to rid the system of "tax expenditures" entirely; if Congress thinks something is in the public interest, they ought to transparently appropriate money to spend on it. But let's at least be clear that the low rate on investment income is a huge loophole which benefits a tiny fraction of our richest citizens, and widens the gap between them and everybody else.

 
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President Obama recently released his 2011 tax return, showing an adjusted gross income (AGI) of $789,674 on which he paid federal income tax of $162,074, or 20.5 percent. The president noted that, l...
President Obama recently released his 2011 tax return, showing an adjusted gross income (AGI) of $789,674 on which he paid federal income tax of $162,074, or 20.5 percent. The president noted that, l...
 
 
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HUFFPOST SUPER USER
Blogging Patriot
Facts instead of Faux
09:09 AM on 05/16/2012
Tax cuts in 2001 and 2003 under Bush were followed by proportional increases in the saving rate among the rich. When taxes were raised under Bill Clinton, the saving rate fell as the savings were invested. Stock-market performance is the “primary factor that is driving the savings of the top 5 percent of households".

When the first Bush tax cuts were enacted in June 2001, pushing the top rate down to 35 percent, the wealthy boosted savings. The saving rate climbed 2.8 percent. After the second round of Bush tax cuts in May 2003, the rich proportionately increased their saving, with the rate climbing 7.6 percent.

The "rich" are NOT investing the tax cuts into the economy or creating jobs.

The Fed estimated the spending cuts would reduce growth as much as two-tenths of a percentage point. That would translate into a couple hundred thousand jobs. Mark Zandi, chief economist at Moody's estimated the GOP plan will reduce the number of jobs created by 700,000 by the end of next year.
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HUFFPOST SUPER USER
A level Head
Who will protect us from the protectors
03:42 AM on 05/16/2012
First to be clear .... I support a tax system that simply taxes ALL income above a modest floor equally without any additional deductions.

However, IF (and we will) we keep the current convoluted system we need to compare unearned and earned income within the context of the current cose.

Earned income is paid to a worker is a tax deductible event to the payer. It s treated like every other business expense.

Unearned income is paid from funds available only AFTER the payer pays business income tax. It is then taxed once again at the personal level. (In honor of "convolusion" there are of course exceptions to this general statement).

So to really compare the actual tax rate requires that we examine the business tax that was paid prior to the distribution. That of course is difficult because in honor of "convolution" each Company pays a different tax rate from zero to 35%.

Most likely a simplification of the code would save many of us enough money in tax professional fees to pay the Feds any increase in taxes that resulted.

Now if YOUR head is spinning take two exemptions with a glass of deduction and call a congressman in the morning.
11:24 PM on 05/15/2012
And what is most interesting is that this (tax capital gains, qualified dividends, etc) as regular income is precisely the recommendation in the Chairman's version of Simpson-Bowles that Republicans are now touting and blaming Obama for ignoring. Talk about lying to the American people.....
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HUFFPOST SUPER USER
Richard Genco
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HUFFPOST COMMUNITY MODERATOR
tacevad
American SS Card Carrying Socialist
09:21 PM on 05/15/2012
men became wealthy when the top tax rate was 90% , Heck I paid my Mortgage back in the 80's when the interest rate was over 10% .In other words suck it up!
Treating income as different if it comes from investment or brow sweat is ridiculous, A dollar earned one way is worth just as much if earned the other way. the tax on that income should be the same.
One other area that still irks me is inheritance, a tax that already forgives about 90% of peoples inheritance has republicans up in arms that the very very wealthy have to pay it. Face it those who inherit the money did not earn it, their parents earned it.Passing it along to another is INCOME to that other.
HUFFPOST SUPER USER
NAMI
The Divine Socialist
11:48 PM on 05/15/2012
tacevad

Unfortunately the systematic TAX CUTting that GOPers started with REAGAN 33 years ago,

has led us to DEFICITS and DEBT . SO PEOPLE should BLAME the GOPers.

had they not insisted on TAX cutting below 45% the US would not have any DEBT to foreigners now.

WISE UP people.........blame the GOPers and GROVER NORQUIST for the DEBT

faved
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HUFFPOST SUPER USER
A level Head
Who will protect us from the protectors
08:26 AM on 05/16/2012
33 years ago ---

Federal Receipts ---------- 504.4 Billion
Receipts --------------------- 464.8 Billion
Deficit ------------------------- 39.6 Billion
Population ------------------ 225 Million
Per Cap[ita Receipts --- 2,062 Dollars per person
Per capita Deficit -------- 132 Dollars per person

2010

Federal Spending --------- 3.5 TRILLION (Plus 700% over 1979)
Receipts ---------------------- 2.2 TRILLION (Plus 450%)
Deficit ------------------------- 1.3 TRILLION (Plus A multiplier of 35 PLUS over 1979)
Population ------------------ 314 Million (Plus 80%)
Per Capita Receipts --- 7,006 Dollars per person (Plus 350%
Per capita Deficit ------- 4,140 Dollars per person (Plius 1000's percent)

PER CAPITA SPENDING 33 YEARS AGO --- 2,244 DOLLARS
PER CAPITA SPENDING 2010 -------------------- 11,146 DOLLARS plus 500%

We are NOT under taxed -- We simply over spend
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HUFFPOST COMMUNITY MODERATOR
tacevad
American SS Card Carrying Socialist
09:11 AM on 05/16/2012
Reagan took the United States  from the  biggest  creditor  Nation to being the biggest   debtor Nation in the  World  and these  so called  fiscal conservatives  worship him.He  increased the  size of  Government  and  the  small government  promoters   worship him. They  can look at any fact and only see the opposite
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Sahuaro
Molded by Gilligan, Steed, Darrin, 99, Spock, &Ayn
08:02 PM on 05/15/2012
Consider the case of one of the little people, who saved enough to retire with an investment income that will match the amount SS is expected to them. Won't raising the investment tax rate hit these middle class people hardest, and most regressively? If so, won't that give them a perverse incentive to spend profligately in their youth, and vote to further soak the foolish middle class retirement savers rather than save themselves? Most investors are nowhere near the 1%.
HUFFPOST SUPER USER
NAMI
The Divine Socialist
11:43 PM on 05/15/2012
Sahuaro
the way you think, then we cannot tax anyone . period

as for the people you mention , the IRS could give a rebate ...........FILE and then if your income is below a certain level , the IRS could send you a check.

DO you not realize the the US has DEBT ...................16 Trillions it has to be reduced somehow.
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HUFFPOST SUPER USER
A level Head
Who will protect us from the protectors
03:52 AM on 05/16/2012
NAMI

The same reasoning can be used to support a flat tax ....

That also has the advantage of saving vast sums of unproductive money being spent on tax professionals/

BUT ... Drop the rebate ... Simply begin the tax after a floor income that applied to everyone.
HUFFPOST SUPER USER
emmanuel kalu
information is knowledge, knowledge in power
05:18 PM on 05/15/2012
well said. we need to clean the tax code and tax every incomes as regular income. if the govt want to help an industry or fill some needs. it is best done with a term low interest bearing loan to that industry or need. for example, to help the renewable energy industry, just offer then a .0.25% loan for ten year. this way the govt makes a little money, the industry get the help and our tax code is not complicated with tax expenditures.
04:32 PM on 05/15/2012
I couldn't have said it better myself. Well done and thank you!
04:25 PM on 05/15/2012
"if Congress thinks something is in the public interest, they ought to transparently appropriate money to spend on it." It would certainly result in a fairer more transparent tax code....no government should subject their citizens to a 16,000 page code that even the drafters can't understand. The mortgage deduction (which helped get us in the current situation by encouraging more investment in larger houses) is a good example of a non-progressive tax. It is worth 10x as much on a $1million house as on a $100,000 one. If Congress wants us to have houses...send every homeowner a $5,000 check each year.
HUFFPOST SUPER USER
emmanuel kalu
information is knowledge, knowledge in power
05:20 PM on 05/15/2012
in regards to the mortgage interest deduction. the best thing would be to offer lower interest rate based on income.
01:12 PM on 05/16/2012
But income will fluctuate and adjusting the rates would be a pain (we don't need a more complicated tax code). Just sending checks is simpler.
HUFFPOST SUPER USER
Allene Stucki
03:55 PM on 05/15/2012
Perhaps the greatest amount of unfairness/insanity/inefficiency in our system of public finance stems from the fact that raising revenue with which to run the government has all but taken second place to what can only be characterized as "social engineering". What we need is a rational taxation system designed to raise revenue in the most efficient way, independent of social engineering.

If we need 'social engineering', let it stand or fall on its merits, independent of the revenue system.
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HUFFPOST SUPER USER
A level Head
Who will protect us from the protectors
03:55 AM on 05/16/2012
Are you actually suggesting that we stop driving policy with the tax code ????

Oh my !!!! There goes 95% of a politicians power base.