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Monday, December 9, 2024

Basis Shifting: A Common Practice of Large Business Partnerships to Reduce Taxes: Ending It Could Bring Many Billions Back to the Government. (but first rambling notes about Oligarchy and Tax Avoidance)



Are We About to Become an Oligarchy?

     With more conservative billionaires set to run the next government, there is more focus on reducing government waste, especially on projects supported by liberals. Some of that is certainly justified. Thus far, there is less interest in increasing government revenue. I think one goal is to increase revenue by eliminating chunks of the government and firing employees. Republicans are known for tax cuts, but those tax cuts are often targeted at corporations and any tax cuts for the poor and middle class are often accompanied by tax cuts to higher-income earners. Elon Musk wants to rein in the IRS from collecting taxes from wealthy tax evaders. Bernie Sanders just introduced a bill that would levy a 100% tax on billionaire’s assets beyond $1 billion. The incoming administration cabinet members (thus far) have a net worth of $10.7 billion, compared to the Biden administration and cabinet members' total net worth of $118 million. Thus, the new leaders have a net worth of 100 times that of the previous administration. That does not include Elon Musk and Vivek Ramaswamy. If they were added the new leaders would have a net worth about 3000 times that of the previous administration. The total also does not include the billionaire just nominated to run NASA and the billionaire who will act as crypto/AI tsar. Thus, I would argue that it is not an exaggeration to say that we are about to be ruled by oligarchs. The dictionary definition of an oligarch is:

a very rich business leader with a great deal of political influence (particularly with reference to individuals who benefited from the privatization of state-run industries after the collapse of the Soviet Union)” 

In the case of Musk as a CEO of multiple companies, he did not benefit from the privatization of state-run industries, but he benefitted immensely from government contracts and government subsidies. He also benefited from the politics of climate change which supports cleaner energy, including electrification of transport.

 

 

Tax Avoidance, Tax Reform, and IRS Enforcement

      ‘Creative accounting’ has long been pursued to reduce the tax bills of the wealthy. Poor working people accept that they have to pay taxes since they are usually taken out of their paychecks at percentages of their total income that are far higher than wealthy working people. I never knew that there was a limit to how much Social Security tax one must pay until I exceeded it in a few years. Since I overpaid my quarterly taxes in those years it was a pleasant surprise to get an extra 6.2% back on a chunk of my income. In calculation terms that amounts to a 6.2% tax cut for anyone who makes more than the max amount compared to those who don’t.  Free money is always nice! Of course, that points to the obvious solution to shoring up Social Security. Unfortunately, misinformed politicians like Utah Senator Mike Lee, want to totally overhaul Social Security, instead. Accountants are known for finding loopholes. Often, but not always, a loophole is something that may be legal but would be deemed unfair by many. It is the wealthy who pay accountants to do their taxes that can find those loopholes. Thus, the wealthy are well-known to be the ones who far more often cheat on their taxes. They have more to lose by going along and more to gain by cheating or finding legal loopholes. Disdain for the government also encourages finding workarounds. Once around 2016 I was at a library book sale, and I saw a book from Trump University. The title was something like ‘How to Avoid Paying Taxes.’ Thus, we can see that tax avoidance was taught as a class ,and strategizing about how to avoid or reduce paying taxes is a common concern among wealthy investors and business leaders. When executives with grotesque amounts of money, businesses, assets, political influence, etc. are focusing on tax avoidance, that is hard to wrap one’s head around. While I may have overestimated some of my business expenses by a couple hundred bucks in some years, I always try to be honest on my taxes. Now that finding and keeping work has become difficult and I am poor, I am looking forward to any slim pickings I can get just from being poor and I am thankful for it. I also realize that for the poor there are few opportunities to cheat on taxes since your low tax rate, which acknowledges that buying basic items has become difficult, means that you get to keep more of your low pay. Few could argue that that is not fair, although some actually do.

     Huner Biden pled guilty to tax fraud, or rather evading about $1.4 million in taxes that happened during the 2010s decade. His current net worth estimated at $1 million by some and $10 million by others suggests that he would not have been able to pay the money back anytime soon. His pardon will save the government money in conducting planned investigations against Hunter Biden and save we news consumers from hearing about it. Was it unfair? Possibly, but the ensuing investigations are hard not to justify as politically motivated, so it also saves Kash Patel and the Trump administration from being accused of partisan investigations. Now he can focus on investigating the 2020 election (I wish that was a joke). So, on behalf of all, thanks, Joe. Of course, Patel won’t have Dinesh D'Souza’s support as the Trump-pardoned maker of the 2020-election fraud film ‘2000 Mules’ pretty much admitted recently what we all have long known, that the film was complete bullshit based on fake information. It was featured at Mar A Lago when it came out. Perhaps if the IRS had been better funded in the past to go after wealthy tax evaders, it would have caught Hunter Biden’s tax deceptions sooner. The IRA gave more money to the IRS for this effort, but Congress cut it back. In the past year, about $1.3 billion was recovered due to this effort, an impressive amount but behind projections. I wonder what the future of that effort will be in light of Musk’s quips to defund the agency. Musk has recently said he wants to simplify the tax code to a flat tax with only a few different wealth designations.

“Musk claimed in a post on X (formerly Twitter) that doing so would “increase productivity” instead of “incentivizing bizarre tax-avoidance behavior.” Based on things both Trump and Musk have said on Trump’s campaign trail, likely this would look like a federal flat tax, with only a couple of tax levels based on income, instead of the current seven tax brackets currently in place.”

     Indeed, that has long been an argument about taxing the wealthy more, that they will find workarounds or ways to avoid paying the extra money they will owe. Avoidance and evasion are closely related. Avoidance can be legally justified but evasion is considered illegal. I say raise their goddamn taxes and close the loopholes. The current system, apparently, incentivizes a significant section of the wealthy to avoid filing taxes altogether, which means they are essentially stealing from the rest of us, taxpayers. It’s grotesque. Thus, Musk’s suggestion that the current system incentivizes” bizarre tax-avoidance behavior,” is right in the sense that it incentivizes people not to file taxes as they are legally required to do. In other words, they break the law because the consequences of doing so (a misdemeanor) are not powerful enough to deter them. They are incentivized to cheat because they can get away with it without consequences. According to an NBC News article:

Notices were mailed in February in 125,000 cases targeting wealthy taxpayers who had not filed tax returns since 2017.”

These were cases in which the IRS had received third-party information — such as through Forms W-2 and 1099 — indicating that these people received income of more than $400,000 but failed to file a tax return.”

Some of the individuals who are not filing tax returns are spectacularly wealthy, according to the data provided to CNBC.”

Of the roughly 25,000 wealthiest non-filers identified by the IRS, nearly 2,000 of them likely had more than $5 million in income in any given tax year for which they did not file a return.”

In the approximately 10 months since these taxpayers making $5 million-plus received their warning notices, just 551 of them have filed returns, according to the data given to the Senate.”

     The IRS is considering making non-filers that bilk the government and we taxpayers out of enough money subject to felonies:

Treasury has proposed that the misdemeanor offenses of certain non-filers should be reclassified as felonies.”

In these cases, the offense would be classified as a felony, and would be punishable by a term of imprisonment of no more than five years, a fine of up to $250,000, or $500,000 in the case of a corporation, or both.

Non-compliance by high-income taxpayers has a significant corrosive effect on tax administration and collection,” Treasury wrote in the proposal to reclassify the offenses.

The department noted that wealthy people who do not pay their taxes shift the burden of financing the federal government to other taxpayers.

Increasing criminal penalties for high-income people who willfully and repeatedly do not file a tax return would provide a more effective deterrent to such blatant tax evasion, encourage voluntary compliance and help close the tax gap,” Treasury wrote.

     This all seems fair and reasonable to me. Why should we allow people to cheat, especially people who are wealthy? Tax reform and IRS enforcement of these loopholes seems to be a fairer and much better solution than a flat tax which would also benefit the wealthy over the poor. According to the DeMar Consulting Group people on the cusp of a higher tax bracket are disincentivized to work so a flat tax would do the opposite:

It can incentivize people to work more if they don’t feel like they will be penalized by going up a tax bracket and owing more in taxes, which can promote economic growth. It can sometimes reduce loopholes, which, depending on who you are, might be a pro or a con. Some people argue that it is fairer and more equal.”

     We have all entered higher tax brackets unless we are minimum-wage workers. I never considered working less to avoid a few extra percent of taxes. I think that is a crappy argument for flat taxes. Simplifying the tax code is one thing but making it fair, especially to those who need that fairness much more, is another thing and is far more important. Fairness should come before ease but better to have both.

     These issues are only faced by the wealthy, not those of us making less than say $400,000 per year, which is a whole lotta money. What’s the point of making things easier for them? What about all of us who make far less than that? Why would we be concerned about wealthy people who want to work more? I would also ask why an unelected billionaire, the richest man in the world, should be given the power to change our tax code, apparently to benefit him and his fellow big wheels. What’s next, trillionaires? Don’t laugh. Musk is already a third of the way there. Maybe he will be too busy firing the government and running his web of government contracting companies to change how we pay taxes. There has never been a greater conflict of interest than with people like him, but perhaps Trump’s invincibility in facing any consequences for his actions has paved the way for other bigwigs to enrich themselves and their fellow oligarchs without consequence.

 

 

Basis Shifting: Writing Off the Same Assets More Than Once: A Method of Tax Bill Reduction

     Apparently, it is common for large business partnerships to write off the same assets more than once to reduce their tax bill. According to a Washington Post article:

Months after saying it expects to collect at least $50 billion over the next decade by stopping large business partnerships from manipulating the taxable value of assets or depreciating the same assets repeatedly for tax deductions, the Treasury Department has quietly updated its forecast to more than $100 billion.”

The IRS’s pledge to go after the practice known as “basis shifting” has made waves among accountants for the largest and most complex business partnerships. Some of them say that the true amount of taxes avoided far dwarfs even the $100 billion figure, though the IRS is unlikely to ever find anywhere close to all of the money.”

Basis shifting allows complex partnership businesses to shift the value of certain assets, such as land or machinery, by moving assets from one business to another linked entity. The moves can allow the partnership to depreciate the same asset over and over again in some cases, greatly reducing tax bills.”

Lawyers and accountants for the partnerships say that it is legal and that Congress could pass a ban if lawmakers want to stop the practice. Biden administration officials view basis shifting for the sole purpose of reducing tax bills as illegal, citing a rule known as the “economic substance doctrine” that says the transactions must have a purpose other than just avoiding taxes.”

As a structure for large business interests, partnerships boomed in the past two decades while IRS oversight of them shrank. By 2019, the IRS was auditing just 1 in 1,000 partnerships, even as the number of partnerships with more than $10 million in assets grew into the hundreds of thousands, a 70 percent increase during the 2010s.”

Republicans have since tried to claw back the IRS funds repeatedly and might succeed in their goal once they control both chambers of Congress next year. But if the Treasury Department’s new $100 billion estimate proves true, cracking down on basis shifting alone would more than pay for the entire allocation of extra money for the IRS.”

Some partnership tax experts said the incoming Trump administration and congressional Republicans might favor continuing the enforcement actions against basis shifting or enacting legislation restricting the practice to raise revenue to fund tax cuts.”

     My guess is that Trump, Musk, and company will put a stop to this and allow the practice to continue. However, as the article notes, it could help the incoming administration and Congressional Republicans to help fund the continuation of the 2017 Trump tax cuts.

I think it’s inefficient to rely on the IRS to shut these down case-by-case,” said Miles Johnson, a lawyer formerly in private practice who now focuses on partnership tax issues at the New York University Tax Law Center. “You need some sort of rule fix to turn these off.

The ongoing audits will keep revealing how partnerships have avoided taxes for years, Johnson predicted.”

     He predicted that IRS tax revenue will continue to increase as long as the audits increase. I sincerely doubt that the administration and Republicans, in general, would want to appear anti-business by either continuing a more aggressive auditing program or by changing the rules to make the obvious loophole officially illegal. As a small business owner, I was able to write off some assets but the notion of writing them off more than once was never a possibility and it shouldn’t be for larger and much wealthier businesses either, right?

     I do think that the disparities between the wealthy and the poor tend to fracture our society along class lines. Wealthy and poor people have different concerns and different abilities, and they develop different perspectives. I went from a basically successful Middle-Class scientist and businessperson to a lower class due to the loss of clients and my inability to find a suitable job. As a result, my immediate concerns have changed, my abilities, especially financial ones have shrunk, and my perspectives on some issues have changed. Now, I really know what it is like to be poor again, and frankly, it hurts. Anxiety, a sense of dread, and a sense of humiliation have to be fended off, but I am doing fine at that. It is just that such issues had not come up for a long time and I had not had to reckon with such effects.  

 

 

References:

 

Closing asset loophole can raise $100 billion in taxes, Treasury now says. Julie Weil. Wahington Post. December 4, 2024.  Closing asset loophole can raise $100 billion in taxes, Treasury now says

Elon Musk Wants To Simplify the Tax Code: What That Means for Future Tax Refunds. Jordan Rosenfeld. GoBankingRates. December 6, 2024. Elon Musk Wants To Simplify the Tax Code: What That Means for Future Tax Refunds

Wealthy Americans are still ducking the IRS crackdown on non-filers. Eamon Javers, NBC News. December 6, 2024. Wealthy Americans are still ducking the IRS crackdown on non-filers

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