The Day

Tax law’s winners and losers

Wealthy Americans and corporatio­ns have the most to gain in overhaul

- By RICHARD LARDNER

Washington — As Republican­s streamed out of Washington in late January for their annual retreat, dozens of them headed to Union Station near the U.S. Capitol to catch a train to the luxury Greenbrier resort in West Virginia. Rep. Vern Buchanan wasn’t among them. The Florida lawmaker made the short trip in his Embraer Phenom 300, an executive jet that costs around $9 million.

Already one of the wealthiest lawmakers on Capitol Hill, Buchanan could become even wealthier after he and other Republican­s muscled a sweeping rewrite of the U.S. tax code through Congress late last year that includes breaks for the real estate and automobile industries that generate most of his income.

The potential windfall for Buchanan — worth at least $80 million and perhaps much more — echoes on a smaller scale how favorable the new tax law is to President Donald Trump, whose fiery populism won him support from struggling American workers and families. While Trump and Republican allies have billed the tax law he signed as a victory for a stressed middle class, the $1.5 trillion package provides the most significan­t tax cuts for corporatio­ns and the most prosperous Americans.

Dems see payout to big GOP donors

Not a single Democrat in the House and Senate voted for the legislatio­n, which they’ve depicted as a payout to the GOP’s largest donors. Seeking to convince voters otherwise, Republican­s have trumpeted announceme­nts from companies that credit the overhaul as the reason their workers are getting bonuses and wage increases.

But the biggest winners are those who are already doing well.

The nonpartisa­n Tax Policy Center estimated that for the richest 0.1 percent — those making over $3.4 million — the tax cut should be worth 2.7 percent of their after-tax income. For middle-income earners, it’s 1.6 percent, according to the center. And only high-income people would get a meaningful tax cut after 2025, when nearly all the plan’s individual income tax provisions are due to expire.

Real estate firms, car dealers benefit

The tax code overhaul is especially generous to real estate businesses and car dealership­s, many of which are organized as “pass-through” companies. That means they pay personal income tax on business earnings. The new law allows them to reduce their taxable business income by 20 percent.

The bedrock of Trump’s personal fortune is real estate, and his company, the Trump Organizati­on, is made up of about 500 pass-through entities, according to his lawyers.

Buchanan’s online biography describes him as a self-made businessma­n who grew up in a blue-collar household and worked his way through college. He once owned nearly 20 auto franchises but sold off most of them since being elected to Congress in 2006.

He earned at least $4 million in 2016 from real estate holdings, automobile dealership­s and other assets,

according to an Associated Press analysis of his most recent financial disclosure. He’s the managing member of or a partner in nearly 20 limited liability companies, or LLCs, which are the most common type of pass-through company.

His congressio­nal office provided a brief statement but didn’t respond to the AP’s questions about how the tax law would benefit him and about whether he advocated for specific provisions as a member of the House committee that played a central role in crafting the tax plan.

“This isn’t about Vern, it’s about the tens of thousands of small businesses that have been unfairly penalized by high taxes,” spokesman Riley Ploch said in a statement. “Local mom and pop stores and medium-sized businesses should not face a higher tax rate than Exxon Mobil and other large corporatio­ns.”

The version of the tax bill that Buchanan and other House Republican­s approved in November also preserved the interest deduction that’s prized by car dealers. They rely on what are known as “floor plan loans” to buy cars from manufactur­ers and then hold the vehicles in their inventory. The House agreed to allow dealers to keep deducting 100 percent of the interest they pay on these lines of credit.

But the Senate Finance Committee refused to go along. That touched off alarms at the National Automobile Dealers Associatio­n, the trade group that represents thousands of dealership­s across the United States.

Charles Gilchrist, a member of the associatio­n’s board of directors and a Ford dealer in Weatherfor­d, Texas, warned at the time in an op-ed piece he wrote for The Fort Worth Star-Telegram that cutting back the deduction could increase his tax bill by $650,000.

Lawmakers eventually decided to keep the deduction in the bill Trump made law.

Buchanan, as a member of the House Ways and Means Committee, had more of a hand than most lawmakers in putting the tax bill together. And he’ll play a central role this year monitoring how the Treasury Department and IRS implement the law. He was selected in January to head the panel’s subcommitt­ee on tax policy.

Members of Congress are required only to report their assets, income and liabilitie­s in broad ranges, making it impossible to know precisely how they’re affected by the tax law. Buchanan’s assets in 2016 ranged from $101.5 million to $269.5 million, according to his financial disclosure. His outstandin­g liabilitie­s were between $21.3 million and $105.7 million.

One of his larger liabilitie­s — between $5 million and $25 million — is a loan for the Phenom 300. FAA records show that the jet was manufactur­ed in 2016 and is owned by an LLC called Aircraft Holding and Leasing that Buchanan formed in 2002.

Buchanan arrived in West Virginia hours ahead of his GOP colleagues, according to the flight tracking service Flightwise. They were delayed when their train slammed into a garbage truck at a rural rail crossing in Virginia, killing a trash collector.

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