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12/23/2017

A Christmas Stocking Full of Coal

Christmas is almost here -- are you excited?  Donald Trump (the Pretender President) says he is giving the American people the greatest Christmas present ever!  WOW!

Unfortunately, what the Donald has delivered to the American people – at least to those in the lower to middle income brackets – is lumps of coal, signifying the darkness of this administration and its sponsors.  Let’s look at some of the Winners and Losers targeted by this legislation (with much help from a summary published on Dec. 15th by The NY Times).

WINNERS
Donald Trump and the Trump Family – The Donald and Jared Kushner are both associated with the Real Estate development business, which is treated very well in this Act in the form of “pass through” income -- money earned by partnerships and other types of businesses whose income is passed through to its owner and taxed at the individual tax rate.   

Under previous law, that income was taxed at rates as high as 39.6 percent. Under this new Tax Law, much of that income will be taxed at a rate as low as 29.6 percent.  Real estate also avoided new limits on interest deductions and retained its ability to defer taxes on the exchange of similar kinds of properties, and added language makes it easier for real estate owners to avoid some of the pass-through provision’s restrictions and maximize the tax benefits even more.”

This is one major sign of an authoritarian leader – using government to feather one’s own nest.  This Blog predicted that outcome back in 2015 when Trump decided to run for the GOP nomination (see Nov. 17, 2015 blog, and others).  However, Trump is not the only elected official to benefit personally from this Act.  In all, 14 Republican senators (see list below) hold financial interests in 26 income-generating real-estate partnerships — worth as much as $105 million in total. Those holdings together produced between $2.4 million and $14.1 million in rent and interest income in 2016, according to federal records.  Who are they?


 “…more than a quarter of all GOP senators will be voting on a bill that includes a special provision that would give them a new tax cut through their real estate shell companies, (according to federal records reviewed by International Business Times.)
The provision was not in the original bill passed by the Senate on Dec. 1. It was embedded in the final version by Sen. Orrin Hatch of Utah, who is among the lawmakers that stand to personally benefit from the provision.” 
“Republican Sen. Bob Corker, who owns up to $35 million in “pass-through” real-estate interests, claimed he did not know of the carve-out when he announced his support for the legislation on Friday, after previously casting the only Republican vote against the bill in the Senate, which did not then include the provision.”

So, let me ask youDid YOU get any special treatment like this, so that you could lower the taxes on your property assets?  Of course not; you got a piece of coal named SALT by which you can now only deduct up to $10,000 of your property taxes.  YOU got a small cut on your income tax and a possibility of using the increased standard deduction instead of having to itemize your expenditures in certain categories.  Lucky YOU.  Those small benefits of $18-20 per week will disappear quickly when your medical insurance premiums get raised by 10%, mortgage and credit card rates go up by perhaps a full point, and other prices like food begin to be inflated.  And, by the way, how do YOU like the fact that you are paying for the gains of these congressmen and senators? 

BIG CORPORATIONS – “Industries like big retailers benefit from the new corporate tax rate of 21 percent, since those companies were paying relatively close to the full 35 percent (old rate). Other aspects of the corporate tax cuts will be enjoyed by an array of multinational industries (particularly technology and pharmaceutical companies), like Google, Facebook, Apple, Johnson & Johnson and Pfizer. Such multinational companies have accumulated nearly $3 trillion in offshore tax havens untouched by the United States taxman. The tax bill will attempt to force those companies to gradually bring that money home, but it will be taxed at rates ranging from 8 percent to 15.5 percent. That’s far lower than the previous 35 percent tax rate on corporate profits and even lower than the new 21 percent rate.  Plus, American companies will no longer owe full corporate taxes on future profits they say they earn abroad, providing more incentive to push income into tax haven subsidiaries. The law even includes provisions that could encourage companies to move workers abroad, despite pledges to do the opposite.

So again, let me ask YOU:  did YOU get anywhere near a 40% decrease in your tax rate?  Of course not.  You maybe got a new bracket and who knows what that means.  Incentives to bring back that off-shore money – that’s what this is all about – this lowered rate of repatriation tax (penalty). 
BUT, what international corporations will bother, since they already receive top dollar for stashing the cash in the first place, and giving up 8-15% is not that appealing.  Once again, that offshore money is not going to help you; it’s not going to trickle down; it’s not going to be invested in new employment.  If it was, it would have been invested already in operations in other countries by these multi-national corporations.  What’s more, several countries are now moving quickly to lower their rates on profits and financial investment, etc.   Sorry, but the Trump Tax Code reformulation may have little effect on profit havens or investments in new jobs or bringing industries back to this country.

MULTIMILLIONAIRES An exemption for estates that owe what Republicans call the “death tax” was lifted to $22 million from $11 million. That means a big tax cut for people with estates worth tens of millions of dollars.  Plus, the top rate applying to wages and interest income would be cut to 37 percent from 39.6 percent.
PRIVATE EQUITY MANAGERS -- wealthy investment managers, thanks to the so-called carried interest loophole, pay taxes on the majority of their pay at a lower capital gains rate. But the purported reform to this tax provision will affect few if any private equity managers, leaving the loophole intact.

Like so much in the Tax Code, the last two provisions don’t apply to many of us because we don’t have enough money to qualify for these special breaks, nor did we get anything comparable – like a break on insurances (health, life, accident, property or estate) – or the 529 incentive toward private education for our grandchildren or children, since it is doubtful we will have enough personal income to send grandchildren to a private elementary or secondary school, as incentivized below for those who can afford it beyond the $10k per year.   

PRIVATE SCHOOLS AND THE PEOPLE WHO CAN AFFORD THEM Parents are now eligible to use a type of tax-deferred savings plan — known as the 529 plan — to save for their children’s elementary and secondary education. Previously, those savings plans were only eligible for college, but have now been expanded to allow for up to $10,000 a year for tuition at private and religious schools. Simply another attack by this administration on public education.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
TAX ACCOUNTANTS AND LAWYERS Mr. Trump once said his “dream” was to put tax preparation services out of business by simplifying the tax code. But the rushed legislation will probably have the opposite effect…. tax preparers are sure to see a boom in business advising clients on how to restructure their employment and compensation arrangements to take advantage of the lower tax rates on income reported by corporations and pass-through entities.

LOSERS

PEOPLE BUYING HEALTH INSURANCE -- According to the Congressional Budget Office, healthier people are more likely to drop their insurance, leaving insurers stuck with more people who are older and ailing. This is expected to make average insurance premiums on the individual market go up by about 10 percent. All told, 13 million fewer Americans are projected to have health coverage over the next decade, according to the Congressional Budget Office.

Another piece of COAL for YOU:  average cost of health insurance premiums going up by 10% -- that’s what you get simply because one political party desires the denigration of the signature piece of legislation of our first African-American President.  The radical Republicans have removed one leg of a 3-legged plan in Obamacare, but subsidies and Medicaid expansion remain.  Note one thing – there is nothing to support coverage by excellent health care – like incentives for insurance companies who take on the sickest patients (the Republican Congress removed those incentives back in 2014!)

INDIVIDUAL TAXPAYERS IN THE FUTURE To stay under the $1.5 trillion limit for new deficits, Republican lawmakers opted to make the cuts for individuals and families temporary, expiring at the end of 2025 — even though the corporate tax cuts will be permanent. Republicans are counting on a future Congress to extend the lower rates, but there are no guarantees, and that could mean a big tax increase down the road. Moreover, the use of a different, less generous measure of inflation (chained CPI) will push taxpayers into higher tax brackets more quickly.

YOU may have missed that last one – ‘the chained CPI’.  Wasn’t that something that was defeated as an unreliable formula for determining the cost-of-living increases for Social Security (even though President Obama favored it)?  Yes. 
Application of chained CPI has been suggested as a means of reducing the US federal budget deficit by reducing the rate of growth of government benefits. The Congressional Budget Office estimates switching to the chained CPI would save $340 billion.  However, moving to the chained CPI would also reduce Social Security benefits by 3% for the bottom 60% of Social Security recipients and 4% for the top 40% of beneficiaries (per estimates for 2050 from the Social Security Administration ).
The Tax Policy Center estimated that changing to the Chained CPI would increase the taxes paid by 30% of the bottom 20% of the income distribution, 70% of the next 20% of the population, and nearly all the people in the top 60% of the income distribution. “(Wikipedia).  At any rate, this formula for measuring inflation seems flawed enough to reduce Social Security benefits and to increase taxes. 

THE ELDERLY A 2010 law requires that any legislation that adds to the federal deficit be paid for by spending cuts, increases in revenue or other offsets. Some cuts would be automatic, and the biggest program to be affected is Medicare, the health insurance program for the elderly and disabled. Dozens of other programs are likely to be cut as well, but Medicare, which would face a 4 percent cut, is by far the biggest. Republicans say that this rule will be waived, and the cuts will be averted, but that will take a bipartisan deal.

Does it occur to YOU that something is wrong here?  Social Security and Medicare – two of the most important social insurance programs ever assembled to alleviate the poverty of Seniors and to bolster the dignity of their lives:  Both are being cut to help fund the huge Christmas gift to the 1% in this country.  And here is the statistic that should rattle your cage if nothing else has done so:  80% of the benefits of this bill go to 1% of the population – the richest individuals and corporations in the nation are being showered with more wealth taken from the rest of us! 

Meanwhile back at Reality Ranch --
LOW-INCOME FAMILIES  who claim the earned-income tax credit will lose out on at least $19 billion over the coming decade because of the change in the way inflation is calculated. And a new requirement that families claiming the child tax credit provide a Social Security number is projected to mean a big reduction in the families claiming it, since those who are not in the United States legally would be prohibited, even if their children were born in the United States.

Now, that’s one way to get at DACA – by having children of undocumented immigrant parents penalized by a subterfuge in the Tax Code of having to present a SSN to receive an income tax credit.
When extracting your tax dollars from the U.S. Treasury by claiming a benefit or incentive or receiving a pass-through of assets to be taxed like wages -- are the people in the top 1% placed under the same degree of scrutiny?  What if some of those 1% are frauds, felons or criminals preying on others to their own aggrandizement?  What if some of those hedge fund managers benefiting from carried interest are cheating their clients?  Isn’t that essentially what Donald Trump claims to be true of most undocumented aliens – that they are a criminal element?  He never says that about the 1%.  Yet, here’s the rub – as a group, the wealthiest 1% has harbored the richest thieves and crooks of all time.  A few of note range from hardcore criminals like Al Capone to corrupt financiers like Bernie Madoff, and Leona Helmsley.  What has Trump done to scrutinize this criminal element among the 1% to equal his scrutiny of immigrants?

And let us not forget that The Donald has done nothing to make absolutely sure that poor children are covered with excellent health care, are well-educated, are given decent opportunities to succeed in life and are adequately housed.  The EIC is not the answer nor the solution to the ill effects of poverty upon our children (see my Blogs dated 10/10/17; 5/8/17)

PEOPLE IN HIGH PROPERTY TAX, HIGH INCOME STATES -- Homeowners in high-tax states like New York, New Jersey and California could be big losers. Their ability to deduct their local property taxes and state and local income taxes from their federal tax bills is now capped at $10,000. In some cases, that could be offset by the lower tax rates that all taxpayers will owe on their ordinary income. 
[A version of this article appeared in print on December 17, 2017, on Page A25 of the New York edition with the headline: Is the Tax Bill a Christmas Gift for You? Check the Fine Print]
 
The Sham and the Shame
To carry through on the new Tax law, it is estimated that $1.4+ trillion is going to be added to the national debt because new (and some old) tax loopholes for the wealthiest individuals and corporations remain in this bill.  Republicans have failed once again to reduce the deficit and the debt because they believe that a fanciful “Trickle-down” theory enhances everyone’s status and opportunities as the rich get richer and invest in the broader economy.  Will someone please tell me why there is an accumulation of over $3 trillion in off-shore financial institutions where it is not helping anyone except its owners and the banks in which it resides. 

“Trickle-down” has always been a farce because the wealthy owners of such money do not see it going anywhere except into their own coffers and those of their administrators and lawyers, their boards of directors and their investors.  They like the arrangement of paying lower taxes on assets, property, business operations (labor especially) and income from other than wages in certain tax-friendly countries, and having it to spend or leave to family when the time comes. 

International corporations are doing just fine, and they won’t invest in the U.S.A. just because the Republicans need them.  There is a report circulating on TV about a room filled with high-powered administrators from international corporations.  When asked if they expected to increase investment in U.S. industries and communities because of the Tax Code changes, just one person raised his hand to indicate a Yes.  The rest were reluctant to commit themselves or their companies to such an outcome.

The sham is that the trickle-down theory has never been proven TO WORK.  Tax cuts for the wealthy do not bring prosperity for all, just for the wealthiest.  The low unemployment rate, and the stock market record-breaking sales are not measurements of anything except the fact that the rich are making more millions.  They are the ones who play the stock market en masse and its results have relatively little to do with the middle class.

 The shame is that the concept of responsible philanthropy, or of a social contract with the rest of society, is not generally accepted by the wealthiest people and corporations.  They exist to make a profit, and sharing with others is not high on their list.  (Take a look at my blog postings of 3/21/2017, 3/10/2016, 9/21/2015, 3/8/2014).  Another bit of shame is that Congress and the Great Pretender seem unable to practice equanimity.  What is the problem with having a rule that says that any cut or break given to one bracket must be matched by similar actions in all other brackets.  After all, if there can be a budgeting rule that says increases in one area must be offset by similar cuts in other areas, an equity rule for benefits should not be that difficult to employ!   

Your Christmas present from this Congress and pretend President is not only a sham and a shame – it is a sop, meant to appease his followers and to solicit your vote.   Any cuts realized by middle class taxpayers will be offset by other provisions of this sham – like cuts to personal deductions and to Medicare; use of the chained CPI to measure inflation inadequately; a 10% increase in health care insurance premiums caused by the elimination of one of Obamacare’s three pillars – the individual mandate.  The latter will quickly return us to paying the increased administrative costs and burgeoning salaries of insurance company executives, as well as paying for more ill people using emergency rooms because they have no health insurance.

The Tax Cut Act is the gift of an authoritarian leader whose quest is control of the working class, monetary support from the oligarchs, and obsequious loyalty from the lesser mortals who direct his offices and departments.    AND PLEASE DON’T FORGETREP. Claudia Tenney (R-NY22) voted in favor of this debacle! 

Despite the pieces of coal that Trump and One-Term-Tenney left in your stocking….

MERRY CHRISTMAS TO ALL, and may the NEW YEAR bring new strength to enable us to persevere until November 6, 2018!