The Atlanta Journal-Constitution

White House crafting new tax cut for the rich

White House mulls unilateral action to bypass Congress.

- Alan Rappeport and Jim Tankersley

The Treasury Department wants to bypass Congress by allowing inflation to be calculated in cap gains taxes; savings: $100 billion.

WASHINGTON — The White House is considerin­g bypassing Congress to grant a $100 billion tax cut mainly to the wealthy, a legally tenuous maneuver that would cut capital gains taxation and fulfill a long-held ambition of many investors and conservati­ves.

Steven Mnuchin, the Treasury secretary, said in an interview on the sidelines of the Group of 20 summit meeting in Argentina this month that his department was studying whether it could use its regulatory powers to allow Americans to account for inflation in determinin­g capital gains tax liabilitie­s. The Treasury Department could change the definition of “cost” for calculatin­g capital gains, allowing taxpayers to adjust the initial value of an asset, such as a home or a share of stock, for inflation when it sells.

Capital gains taxes are determined by subtractin­g the original price of an asset from the price at which it is sold and taxing the differ- ence, usually at 20 percent. If a high earner spent $100,000 on stock in 1980, then sold it for $1 million today, she would owe taxes on $900,000. But if her original purchase price was adjusted for inflation, it would be about $300,000, reducing her taxable “gain” to $700,000. That would save the investor $40,000.

“It is something that we’re going to consider; we’ve talked to Congress about it,” Mnuchin said. “There have been a bunch of letters to the president and I on Trea- sury doing this independen­t of Congress.”

Mnuchin emphasized he had not concluded whether he had the authority to make such a move but that it was being studied internally, along with the economic costs and impact on growth.

The move would face a near-certain court challenge. It could also reinforce a lib- eral critique of Republican tax policy at a time when Republican­s are struggling to sell middle-class voters on the benefits of the tax cuts that President Donald Trump signed into law in late 2017.

a time when the deficit is out of control, wages are flat and the wealthiest are doing better than ever, to give the top 1 percent another advantage is an outrage and shows the Republican­s’ true colors,” said Sen. Chuck Schumer, D-N.Y., the minority leader. “Furthermor­e, Mr. Mnuchin thinks he can do it on his own, but everyone knows this must be done by legislatio­n.”

Capital gains taxes are overwhelmi­ngly paid by high earners, and they were untouched in the $1.5 trillion tax law that Trump signed in 2017. Inde- pendent analyses suggest that more than 97 percent of the benefits of indexing capital gains for inflation would go to the top 10 percent of income earners in the United States. Nearly two-thirds of the ben- efits would go to the super wealthy — the top 0.1 per- cent of U.S. income earners.

Making the change by fiat would be a bold use of exec- utive power — one that Pres- ident George H.W. Bush’s administra­tion considered and rejected in 1992, after concluding that the Treasury Department did not have the power to make the change on its own. Larry Kudlow, chairman of Trump’s National Economic Council, has long advocated it.

Advocates for the plan say that even if it is challenged in court, it could still goose the economy by unleashing a wave of asset sales. “No matter what the courts do, you’ll get the main economic benefit the day, the month after Treasury does this,” said Ryan Ellis, former tax policy director at Americans for Tax Reform.

Liberal tax economists see little benefit in it beyond another boon to the already-rich. “It would just be a very generous addition to the tax cuts they’ve already handed to the very wealthy,” said Alexandra Thornton, senior director of tax policy at the liberal Center for American Progress, “and it would play into the hands of their tax advisers, who would be well positioned to take advantage of the loopholes that were opened by it.”

According to the budget model used by the University of Pennsylvan­ia’s Wharton School of Business, indexing capital gains to inflation would reduce government revenues by $102 billion over a decade, with 86 percent of the benefits going to the top 1 percent. A July report from the Congressio­nal Research Service said the additional debt incurred by indexing capital gains to inflation would most likely offset

stimulus that the smaller tax burden provided to the economy.

“It is unlikely, however, that a significan­t, or any, effect on economic growth would occur from a standalone indexing proposal,” the report said.

Michael Graetz, a tax law professor at Columbia University who worked in the Treasury Department’s tax policy office when the department determined that taxing capital gains could not be changed by regulation, said he still thought that the decision to change the law should fall to Congress.

 ?? ERIN SCHAFF/THE NEW YORK TIMES ?? Treasury Secretary Steven Mnuchin says the Trump administra­tion is seriously considerin­g changing how capital gains taxes are calculated, even if Congress is unwilling to go along.
ERIN SCHAFF/THE NEW YORK TIMES Treasury Secretary Steven Mnuchin says the Trump administra­tion is seriously considerin­g changing how capital gains taxes are calculated, even if Congress is unwilling to go along.

Newspapers in English

Newspapers from United States