Los Angeles Times

All the president’s loopholes

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Donald Trump rode into office on a wave of anger at Washington “elites” — the insiders who supposedly play the system for their own gain, to the detriment of the rest of us. The New York Times’ analysis of Trump’s tax returns, however, shows that he played the system to a breathtaki­ng degree. The tax code is an insider’s game. And the changes Trump pushed in the first year of his presidency made it even more so — and more lucrative for him.

According to the Times’ reporting, Trump found ways to collect enormous amounts of income and pay little or no tax on it. In more than half of the 18 years’ worth of returns the Times examined, Trump paid no taxes; in the last two, when Trump was running for president and then serving in the Oval Office, he paid $ 750 a year.

Wealthy people earn most of their money from capital gains, which are taxed at a lower rate than wages. Trump enjoys not only that break but also a series of advantages unique to real estate investors that cry out for reform.

For starters, he can legally claim that his hotels, office towers and golf courses are depreciati­ng — losing value — and deduct that amount from his taxes even when their market value is increasing. Meanwhile, the increase in his properties’ value isn’t taxed as long as the property is not sold. And even when it is sold, real estate investors can avoid taxes on their gains by purchasing more buildings and developmen­ts.

Worse, there are a slew of rules and exemptions that uniquely help real estate investors — loopholes that are particular­ly hard to defend for investors on Trump’s scale. The 2017 tax cuts that Trump sought and signed into law preserved those loopholes and added a few more, while also allowing unincorpor­ated businesses such as Trump’s to cut their taxable revenue by 20%. Why? Because the bill slashed corporate tax rates ( to make them more competitiv­e internatio­nally), and Congress didn’t want to leave “small business” out of the largess.

The revelation­s about Trump’s tax returns will no doubt feed the debate over whether the wealthy, who collect a wildly disproport­ionate share of U. S. income, pay their fair share of taxes. ( According to the National Taxpayers Union, the top 5% of U. S. earners gathered 37% of the income but paid 60% of the income taxes in 2017.) Trump’s example, though, highlights something else: how one particular special interest has bent the rules and opened the door to extreme tax avoidance.

And that’s a problem for all of us. As economist C. Eugene Steuerle of the Tax Policy Center in Washington put it, such policies “lower the growth rate of the economy both directly through the inefficien­t investment they spur and indirectly through the concentrat­ion of opportunit­y on too few people as a result of the inequality of wealth they create.” Trump’s tax returns have shined a spotlight on it; now it’s up to the rest of us to do something about it.

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