USA TODAY US Edition

Bank CEOs get big, fat bonuses thanks to ’93 tax loophole

- Darrell Delamaide Special for USA TODAY

A 1993 tax reform under President Clinton capped the deductibil­ity of executive compensati­on at $1 million a year. And the 2008 bank bailout banned large bonuses to executives at those financial institutio­ns getting taxpayer loans.

So how did the chief executive of Wells Fargo, John Stumpf, collect $155 million in “performanc­e” pay between 2012 and 2015 even as the bank he runs paid more than $10 billion in penalties for various acts of misconduct?

Nor was he alone among bank CEOs getting massive payouts in the post-crisis period.

JPMorgan Chase chief executive Jamie Dimon, for instance, cashed in $23 million in stock compensati­on in 2010, as the bank’s stock was down 15% from precrisis levels in the midst of the foreclosur­e crisis. The firm would go on to pay more than $28 billion to settle charges of misconduct in mortgages and other transactio­ns.

These massive bonus payouts benefited from a loophole in that 1993 rule that allowed companies to still take tax deductions for stock options and other “performanc­e” bonuses.

The loophole not only allowed board members to continue outsize compensati­on for the chief executives who appointed them but, as the Institute for Policy Studies said last week in releasing a new report, “fueled an explosion in CEO pay.”

While the bank bailout itself blocked this type of compensati­on, the ban lasted only until the banks repaid the bailout loans. Of course they rushed to pay these loans back, even if it meant borrowing other funds in the private market.

So even as shareholde­rs, let alone clients, continued to suffer the consequenc­es of bad bank management, these CEOs collected huge bonuses subsidized by taxpayers.

The tax subsidy alone for that $155 million Stumpf received, IPS calculates, was $54 million.

Between 2010 and 2015, IPS found, the top executives at 20 leading banks collected nearly $800 million in pay still eligible for tax deductions under this loophole because they were related to performanc­e targets like total shareholde­r return. This was well before shareholde­rs saw the stock price return to its precrisis level.

“These forms of compensati­on are supposed to ensure ‘pay for performanc­e,’ ” the IPS study says. “In reality, they have encouraged the kind of reckless behavior that caused the 2008 crisis by creating the potential for unlimited jackpots with little downside risk.”

In fact, because this loophole enables a company to reduce its overall tax bill with these generous payouts, the study notes, “it has served as a perverse incentive for excessive pay.”

And this excessive compensa- tion quickly resumed after the crash as those 20 banks were paying out more than $128 billion in fines for financial misconduct.

The ban on performanc­e pay in the bank bailout was far too short, the IPS says, because the bailout itself enabled the executives to benefit from the windfall of taxpayer support.

“In effect, those most responsibl­e for the crash were best-positioned to rebound,” the study says.

The Washington-based think tank, which produces an annual report on excessive executive pay, urged Congress to close this loophole with legislatio­n already introduced in the House and Senate that would simply eliminate the exemption for performanc­e pay and cap tax deductibil­ity for all forms of compensati­on at $1 million.

Specifical­ly with regard to Wall Street, the IPS study says, regulators could also move toward tougher implementa­tion of a provision in the Dodd-Frank financial reform that allows them to ban bonuses that encourage excessive risk-taking.

In a comment letter on the rule sent to bank regulators this summer, IPS project director Sarah Anderson said the restric- tions imposed so far — such as a short deferral of performanc­e compensati­on or provisions for clawbacks — were too weak.

In general, the IPS study says, regulation­s should encourage narrower gaps in pay between the CEO and average worker and bigger rewards for longer-term goals to discourage “short termism.”

The IPS statement notes that Hillary Clinton, early in her campaign for the Democratic presidenti­al nomination last year, pledged to “reform” executive compensati­on to eliminate these short-term incentives, but she has not explicitly said she would close the tax loophole for performanc­e bonuses.

However, closing the loophole would be a way, the IPS authors suggest, to correct the “1993 policy mistake” by President Clinton that “costs taxpayers billions of dollars per year and perpetuate­s the reckless Wall Street bonus culture.”

Loopholes like this don’t happen by accident.

Bill Clinton’s Labor secretary, Robert Reich, has since related that he was the sole person to object when other economic advisers encouraged the new president to exempt performanc­e-related compensati­on as he fulfilled his campaign pledge to limit tax deductibil­ity on executive pay.

The result has been the explosion in CEO bonuses and widening of the gap between executive and worker pay.

“As income inequality continues to rise,” IPS’ Anderson, coauthor of the new report, urged in a Politico op-ed last week, “Hillary Clinton must fix her husband’s mistake and close this egregious loophole.”

A loophole in a 1993 rule allows companies to still take tax deductions for stock options and other “performanc­e” bonuses.

 ?? RICHARD DREW, AP ?? Wells Fargo’s John Stumpf received $155M in “performanc­e” pay from 2012-2015 even as the bank was fined for misconduct.
RICHARD DREW, AP Wells Fargo’s John Stumpf received $155M in “performanc­e” pay from 2012-2015 even as the bank was fined for misconduct.
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