Allianz’s Global Wealth Report 2015 rated the US as the
wealthiest - and most unequal - country in the world. The growing divide
between rich and poor is driven by this sophisticated method for shielding
their fortunes. If the top 400 earners were taxed like an average American in
2012, their tax obligations would have doubled. “We do have two different tax
systems, one for normal wage-earners and another for those who can afford
sophisticated tax advice,” said Victor Fleischer, a law professor at the
University of San Diego.
A New York Times report says the so-called “income defense
industry”, operating in the shadows of Washington and Wall Street, mostly in
tax courts and private Internal Revenue Service (IRS) negotiations, and who
consist of top-shelf lawyers, estate planners, lobbyists, and anti-tax
activists exploiting (and creating) loopholes unavailable to middle or working
class taxpayers. The techniques applied are designed to be too complicated for
regulators, the media, and the general public to understand, but NYT explains
their principle is quite simple - convert one type of income into another type
that’s taxed at a lower rate.
Hedge fund magnate Daniel S Loeb uses this technique through a Bermuda-based reinsurance
company he set up in 2013, where he transforms "his profits from
short-term bets in the market", taxed at roughly 40 percent, into capital
gains, a nearly 50% drop in tax rate.
‘Charitable trusts’ purchasing a "private placement
life insurance policy" is another way top earners reduce their tax
When Bill Clinton was elected US President in 1993, the 400
highest-earning taxpayers in America paid nearly 27 percent of their income in
federal taxes, according to IRS data. By the time Obama was re-elected in 2012,
this had fallen to below 17 percent. At its peak, the top US tax rate was 94%
in 1944 and 1945, but it's been on a steady decline since then.
In the October 2015 budget deal gives the IRS more power to
collect "underpaid taxes", but since the rules don't take effect
until 2018, it gives "the wealthy plenty of time to weaken them
further". The IRS also faced budget cuts, losing 5,000 enforcement
officers out of about 23,000 after funding was reduced by 15 percent between
2010 and 2014. In 2014, the Club for Growth Action fund raised more than $9
million and spent much of it helping candidates critical of the IRS.
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