Tag: tax policy
Donald Trump, oval office

Trump Insists That You Taxpayers Pick Up His Lunch Tab

Reprinted with permission from DC Report

Buried near the end of the 5,593-page law granting new coronavirus relief is a special interest tax favor of the kind that Republican saint Ronald Reagan cut in half when he waged war on the "three-martini lunch."

This new special interest tax break is worth a lot more to business owners than the long-delayed and miserly $600 or smaller checks for most people. The Trump administration and Mitch McConnell, the Senate majority leader, once again favor business over people.

The law doubles the tax deduction for most business meals from 50 percent to 100 percent.

'It just doesn't seem right for a wage earner carrying his tuna fish sandwich to work to subsidize exorbitant business lunches at luxury restaurants.' —President Ronald Reagan

Ever since Reagan's 1986 Tax Reform Act, as a general rule, Section 274 of our tax code allowed only a 50 percent deduction for meals while traveling on business, meeting with customers, partners or associates or attending a business seminar. Employees got fully reimbursed, but employers could only deduct half, which prompted personnel policies restricting how much all but the most highly paid workers could claim for meals while on company business.

This new favor benefits most businesses, but few as much as Donald Trump, who will enjoy a double benefit. The change was introduced at the last minute at the insistence of the Trump White House. There has been no public hearing or even public debate about its merits.

Three Benefits

The 12 lines of revised tax law on Page 4,956 of the Consolidated Appropriations Act, 2021 provide these tax benefits:

  1. Businesses with a lot of employers on the road or many meetings can deduct the full cost of such meals, the equivalent of a slight tax rate cut.
  2. Sole owners, like Trump, who bear the full burden of spending by their enterprises, will feel concentrated benefits. Had the provision been in effect during the last decade it would have saved me thousands of dollars in income taxes because of extensive global travel for investigations and lectures.
  3. Restaurant owners benefit because businesses will be more liberal in expense allowances.

That third point matters because as many as 85 percent of small, individually owned restaurants may go broke due to COVID-19 shutterings, restaurant industry advocates say. But these mom-and-pop operations will benefit far less overall than the kind of expensive dining establishments favored by corporate executives, sales executives and other highly paid workers.

Trump as owner of golf, hotel and restaurant businesses will benefit every time he or his employees wine and dine a customer, vendor or potential customer because he will get to deduct the entire cost of meals instead of just half.

Then he benefits again when others spend money dining at his golf resorts, hotel and restaurants because full deductibility should result in more spending on meals.

But wait, there's more.

This complete deductibility of business meals will continue from New Year's Day until the end of 2022. The pandemic is likely to be history sometime early in 2022, making clear that this tax break is not targeted at the beleaguered restaurant industry but at a return to the era of the three-martini lunch. Expect lobbying to extend the tax break.

Reagan's Tax Policy Killed

Republicans voted to level the playing field when it comes to restaurant meals in 1986. That's when Reagan championed a tax code that actually raised levies on business and reduced deductions for extravagances. Trump, who often claims Reagan's mantle, consistently promotes tax policies that would infuriate The Gipper.

Reagan said this during a June 7, 1985 meeting with economics writers at the White House:

"Why not find smarter ways to put our money to work than investing so heavily in executive lunches? It just doesn't seem right for a wage earner carrying his tuna fish sandwich to work to subsidize exorbitant business lunches at luxury restaurants.

"We'd still allow for legitimate expenses, but to those who complain they can't live quite so high off the corporate account, we can only ask: Why not brown-bag it once in a while?"

Business lobbyists, from the get-go, have been gutting the many level-the-playing field provisions Reagan championed, loading up on favors for themselves and shifting the burden onto working Americans. That includes the massive borrowing required under Trump's 2017 tax law to shower tax savings on the richest among us.

Also, under the 2017 tax law that Trump signed, his only significant legislative achievement, 20 percent of taxpayers lost the ability to deduct mortgage interest, state income tax, local property taxes and other tax breaks. The changes mostly affected married couples with three or more children, especially among the upper-middle class.

This year only about one in ten taxpayers, and perhaps as few as one in 20, will itemize deductions. But those who own their own businesses – from people operating on the scale of Trump to freelance graphic artists – will get benefits. Under Trump the tax code has become more favorable to the self-employed and business owners and less so for employees.

Analysis: Clinton, Sanders Would Bypass Congress To Tax The Rich — A Bit

Analysis: Clinton, Sanders Would Bypass Congress To Tax The Rich — A Bit

By Lynnley Browning, Bloomberg News (TNS)

NEW YORK — Most of the proposals that Hillary Clinton and Bernie Sanders have pitched for taxing the rich won’t go anywhere if Republicans keep control of the House of Representatives, as expected.

But spokesmen for both of the leading candidates for the Democratic presidential nomination said this week that they could take executive action, bypassing Congress, to go after a shorter list: the carried-interest tax advantage that investment-fund managers receive, corporate inversions that companies use to move their tax addresses offshore and — in Sanders’s case, at least — a few other parts of the tax code that benefit high-income taxpayers.

Their larger plans for individual income taxes include Sanders’s proposal to increase income-tax rates to levels unseen since 1981 and Clinton’s pitch for a 4 percent surcharge on the nation’s 34,000 or so highest-income taxpayers. Those are almost certainly dead on arrival. Without them, neither candidate could raise enough to finance their most expensive programs.

“All of the things Clinton and Sanders are proposing require congressional approval,” said Eric Todor, the co-director of the Tax Policy Center, a joint project of the Urban Institute and the Brookings Institution.

Presidents have more room to sidestep Congress via executive action in corporate and business-related tax matters, Todor said — but “only things that might involve an interpretation of the law as opposed to changing the actual law.” That might include the carried-interest tax advantage, he said. “But it would surely raise questions.”

Carried interest is the portion of profits from investment funds that are paid to investment managers as compensation. Those payments are currently taxed at the preferential capital gains rate, which tops out at 23.8 percent on investments held more than a year. That’s well below the top rate on ordinary income, 39.6 percent.

The congressional Joint Committee on Taxation estimated last fall that taxing such pay at ordinary rates would generate $15.6 billion in revenue over a decade.

Warren Gunnels, a senior policy adviser to Sanders, cited a 1984 tax law that authorized the Treasury Department to designate fund managers as “service providers” instead of clients’ partners, making them subject to having their compensation taxed at the ordinary rates. Victor Fleischer, a tax law professor at the University of San Diego, has written that the 1984 law provides a basis for addressing carried interest through executive orders. A Clinton campaign spokesman, who asked not to be named, said Clinton would also use executive action to end the carried-interest tax treatment.

Both candidates have also said that if Congress won’t take action to restrict inversions — the practice of moving a U.S. company’s tax address offshore by merging with a foreign company — they’d take steps to curb the practice with executive orders. Congressional leaders have said they want to restrict inversions as part of a tax overhaul. President Barack Obama took some initial steps to limit inversions in 2014 through an executive order.

Beyond that, Sanders has identified four other corporate “loopholes in our tax code” that his campaign now says he’d close with executive orders if Congress didn’t act. They include check-the-box elections, which allow multinational corporations to choose how their subsidiaries will be classified for federal income-tax purposes, and have enabled many to defer taxes on billions of dollars in earnings.

In a letter to Obama last year, Sanders urged the president to act on the four items — and on carried interest and inversions — saying that all together, they’ve been estimated to raise more than $100 billion over a decade.

Clinton has described her own plans for targeting certain tax breaks, though her campaign declined to say whether she’d try to use executive orders on them. She wants to limit the ability of the wealthy to build multimillion-dollar, tax- deferred retirement accounts, which she calls “the Romney loophole.” (Former Massachusetts Gov. Mitt Romney, the 2012 Republican nominee, disclosed during the campaign that he had amassed as much as $102 million in an individual retirement account, in which investment gains aren’t taxed but annual contributions are capped at $6,500.)

Though she called this month for “immediately closing” the ability to build such large IRAs, Clinton hasn’t spelled out how. Likewise, Clinton wants to prevent hedge funds from routing investments through Bermuda-based reinsurance companies as a means of reducing income taxes, but hasn’t said how she’d try to accomplish that.

Clinton’s campaign hasn’t broken out the revenue that would result from ending those two tax advantages, but says her tax plans overall — most of which would require congressional approval — would raise $400 billion to $500 billion over a decade. One of her centerpiece proposals — to offer debt relief on student loans, ensure that students can attend public colleges and universities without taking new loans and make community colleges tuition-free — would cost $350 billion over a decade. It would be paid for by “limiting certain tax expenditures for high-income taxpayers,” according to Clinton’s campaign website.

Sanders, meanwhile, is talking about raising trillions. His own tuition-free plan for state colleges and universities would cost $75 billion a year, but his most expensive proposal would create a $1.38 trillion-a-year, single-payer health insurance system that he calls “Medicare for all.”

To fund the health plan, Sanders has said he’d rely in part on a 2.2 percent income tax, which would apply to all taxpayers. Sanders’s campaign says the impact on lower- and middle-income people would be lessened by deductions and exemptions, and further offset because they’d no longer pay private health-insurance premiums.

Clinton has repeatedly said she won’t raise taxes on the middle class — broadly, anybody making less than $250,000 a year. Sanders’s tax proposals, including a payroll tax that would fund his proposed family and medical leave program, would touch the middle class. But they’d also hit well-off taxpayers harder than Clinton’s.

©2016 Bloomberg News. Distributed by Tribune Content Agency, LLC.

Photo: Democratic U.S. presidential candidates Senator Bernie Sanders and former Secretary of State Hillary Clinton talk during a commercial break at the Democratic presidential candidates debate at St. Anselm College in Manchester, New Hampshire December 19, 2015.  REUTERS/Brian Snyder

 

High Taxes, Regulations, And A Swell Economy

High Taxes, Regulations, And A Swell Economy

In the mythology of the right, California must fail. Its high taxes, strict environmental rules, and thick book of regulations are all ingredients in the conservative recipe for economic meltdown. That California is prospering nicely throws a pie in the face of its harshest critics.

To get around this clash of ideas and reality, an alternative version of California-going-down has been created. It is built on cherry-picked facts, numbers out of context and anecdotes. And the right continues churning out stories of companies “fleeing” California.

The conservative City Journal has devoted its winter issue to what’s wrong with California. One piece accuses “coastal elites” of destroying drought-plagued almond farmers by “privileging the needs of fish over the needs of people.” (What the fish need is a minimum water flow to their habitats to save them from extinction.)

Not to mess up a sweet fairy tale, but the “coastal elites” and the farmers are often one and the same people. The largest producer of nuts in the state is a company owned by Beverly Hills billionaires Lynda and Stewart Resnick. Hedge funds and banks have also gotten into the almond game, now that a lucrative Asian market has sent nut prices soaring. Thus, in the jaws of a multiyear drought, California “farmers” continue to plant water-gulping almond trees.

What else is wrong with California? A state minimum wage raised to $10 an hour from $9. That Wal-Mart is raising wages to $10 nationwide should offer a hint that $10 an hour is not extraordinarily high.

Zoning and environmental regulations have made California real estate quite expensive, especially along the coast. This is true, although having the Pacific Ocean on a long border hampers development, as well.

One reason zoning and environmental regulations make real estate more expensive is they also make it more desirable. One shouldn’t have to explain this to The Wall Street Journal, but one does after reading its commentary about “the mismatch between supply and demand” in California housing prices.

Actually, supply and demand don’t match or mismatch. Supply is supply, and demand is demand. When demand rises faster than supply, prices rise. That’s the law of supply and demand working as it’s supposed to.

The writer is obviously trying to say that imposing high standards for preserving the quality of life causes housing costs to rise. OK. Those who can’t pay the price — or who want bigger spaces — can and often do consider other parts of the country.

Though the decisions by Toyota and Occidental Petroleum to transfer their headquarters to Texas may energize California’s critics, they represent narrow slices of a bigger picture. A new study from Beacon Economics and Next 10 shows that California remains a powerhouse in attracting companies and well-to-do people.

In 2013, California ranked fourth in job creation by new businesses and fifth in creation of new businesses (a growth rate of 5.5 percent). From 2007 to 2014, 49,000 more people with a bachelor’s degree moved into the state from other states than moved out.

So is California an easy place in which to do business? It’s not. Is it a paradise for less skilled workers? Sadly, no. Few places are these days.

What the strong numbers do mean, Beacon partner Chris Thornberg told the Los Angeles Times, is “that being ‘business friendly’ is not the be-all and end-all of economic development.” He went on: “When you actually look at the data, you’ll find that as kooky as California is, it’s not a state that’s underperforming.”

Let the critics carp. But do correct them.

Follow Froma Harrop on Twitter @FromaHarrop. She can be reached at fharrop@gmail.com. To find out more about Froma Harrop and read features by other Creators writers and cartoonists, visit the Creators Web page at www.creators.com. COPYRIGHT 2016 CREATORS.COM

Photo: Jimmy Emerson, DVM via Flickr

5 Things To Tell Your Republican Relatives At Christmas

5 Things To Tell Your Republican Relatives At Christmas

The guy your aunt met on ChristianMingle.com is going to be in such a good mood.

His third “Make America Great Again” hat just came in the mail. He’s certain that his prolific Internet commenting as “RINOHUNTz69” has singlehandedly dismantled the candidacy of Jeb Bush. And the last two years of off-year elections have helped Republicans gain more power at the state and local level than at any time since the Republicans led us into the Great Depression.

So what if some choice refugee scaremongering wasn’t enough to overcome a prostitution scandal and eight years of Bobby Jindal?

A Democratic governor in a red state doesn’t change the fact that the Paris attacks represent a “positive development” for the GOP presidential candidates, who got a boost in the polls from their competition to see who can act the most terrified of the Islamic State, while focusing on issues that have nothing to do with the actual attacks.

So there’s not much you can say to bum out your uncle-to-be. And no matter what you say, he won’t hear you.

More than half of Republicans believe that the unemployment rate has risen under President Obama — even though it’s been sliced in half. The other half of the GOP has been trained to shout about the labor participation rate — a “last refuge for scoundrels” that mostly indicates Baby Boomers are retiring at an appropriate age.

No, Republicans need to believe that Barack Obama is a failure on par with George W. Bush and nothing you say will change that. But if politics come up, either put on some Adele or make these points for the benefit of any relatives who are not immune to facts.

1. We’re experiencing the best job growth of the century.
Last year — 2014, the first year Obamacare went into effect, the year when the American economy was supposed to shatter into a catastrophe of job killing — was the best year of job creation since 1999. This year, 2015, could be the second best year — if the last two reports aren’t revised down and we average 220,000 new jobs for November and December, which seems possible given that we’ve averaged 234,000 new jobs a month since January 2014. Average jobs created per month under George W. Bush? A mere 65,000 if you don’t count his disastrous final year — and if you do, 20,000 a month. So things aren’t perfect. But they’re better than they’ve been so far in this century.

2. We have the lowest uninsured rate in American history.
Another piece of news cheering up conservatives is that United Healthcare , the nation’s largest insurance company, says it’s not making enough money from Obamacare. They hope this will lead to the demise of the health care law, which has helped more than 17 million Americans gain health insurance. What the United Health announcement actually shows is that premiums have been lower than expected and fewer employers have dumped their employees into the exchanges. More affluent, middle-class people are needed in the exchanges, but major insurers aren’t echoing United Health’s concerns. Regardless, America has never had so few uninsured people — ever. And that trend promises to get even better as red states like West Virginia and possibly Louisiana finally expand Obamacare.

3. We survived Ebola and we’ll survive a few thousand refugees.
The scaremongering led by the right against destitute refugees is so offensive that the United States Holocaust Museum felt the need to object publicly. The opportunistic attempt to feed off people’s fears is nearly a doppelgänger of the GOP’s highly effective freakout over Ebola — a disease that killed exactly zero Americans who contracted the disease in this country. Accepting refugees is safe and makes us safer. And getting tough on the victims of ISIS is the exact opposite of getting tough on ISIS. In fact, it’s exactly what ISIS wants us to do.

4. The U.S. has led the fight against ISIS. But without local ground troops, we’ll just get a new ISIS.
Every time a new country begins bombing ISIS, conservatives immediately praise them and suggest that Obama should do the same. For some reason the right wants to ignore the fact that the U.S. has launched nearly 3,000 air strikes against Daesh — more than any other country by a factor of 10.

Image via @Walldo

Image via @Walldo

This military campaign clearly hasn’t defeated ISIS. And even though the group has lost ground this year, you can argue that the attacks in Paris show it’s not contained. What you can’t argue is that the U.S. can do much more than it’s doing. “From the American intervention in Somalia, in 1992, through the French intervention in Mali, in 2013, industrialized countries have been able to deploy ground forces to take guerrilla-held territory in about 60 days or less,” Steve Coll writes in The New Yorker. Marines could take the ground ISIS holds and unless there’s a local force to hold it, we’ll be back there to fight ISIS or worse again, and soon. Trying to defeat ISIS using the methods that created it is so insane that the only people proposing to use U.S. ground troops are the same people who still back the Iraq War. We’re paying the costs of ignoring reality in the Middle East. And the costs get higher each time a new Bush decides on a new war there.

5. The deficit is too low — and Republicans want it to be way higher.
If you love cutting the deficit, Barack Obama must be your hero. Spending that exceeds revenues we take in as a nation is now lower than it has been since 2007. Given that we’re still recovering from the Bush Recession and our infrastructure is tragically decaying, we should be borrowing at record low rates to rebuild roads and bridges while investing in high-speed trains and other prudent, necessary expenditures. Republicans won’t do that now, however, because they know it would boost the economy. But the GOP candidates for president have proven they could not care less about fiscal discipline by proposing tax breaks mostly for the rich that are “basically insane.”

Republicans have reasons to be happy. If they win the most important election of our lifetime, they’ll add the most conservative Supreme Court in the modern era to their control of the House, Senate, and state capitols. But their insistence on ignoring reality while alienating precisely the voters they need to win over, could result in a shattering defeat.

Then we’ll see who’s smiling next Christmas.

Photo via Wikimedia Commons

This is an updated version of a post that ran Nov. 23.