5 egregious tax loopholes that benefit the rich

dmcowen674

No Lifer
Oct 13, 1999
54,889
47
91
www.alienbabeltech.com
12-17-2012

http://finance.yahoo.com/news/5-egregious-tax-loopholes-benefit-080033155.html

5 egregious tax loopholes that benefit the rich



A tax loophole isn't illegal. It just seems that the person benefiting from the loophole often is following the letter of the tax law, but not the spirit of the law.
Similarly, there are many tax deductions that appear to provide disproportionate tax benefits to a select few.
Capital gains tax rate

The current 15 percent capital gains tax rate for most investors and zero percent rate for lower income taxpayers are part of the much ballyhooed George W. Bush-era tax cuts.


Ordinary taxpayers pay tax on their earnings at ordinary income tax rates up to 35 percent. The really rich, however, are different from you and me in that they tend to make most of their money via investments instead of standard paychecks -- meaning most of their money is taxed at 15 percent.


And it's a huge reason why the wealthy, such as financier Warren Buffett, are able to pay substantially lower overall tax rates. Buffett's oft-repeated confession that his tax rate is lower than his secretary's sparked the latest political debate on the fairness of low tax rates on investment profits.



Second-home mortgage interest deduction



Those who own a ski chalet in Aspen, Colo., an ocean-view getaway along Miami's South Beach or a pied-a-terre in New York City in which to rest after a late Broadway opening night usually are rich. And they get to write off the interest on those expensive second homes as an itemized deduction, for mortgage debt as high as $1 million.


Even more amazing, owners of luxury yachts can deduct mortgage interest on loans they took out to buy their mini-Queen Marys. That's right: The Internal Revenue Code says a boat can be considered a home as long as it has sleeping quarters, a kitchen and a toilet.

The home designation rules also mean that recreational vehicles could qualify as residences, providing owners of those luxury buses an added tax deduction, too.

Carried interest special tax treatment

Remember the controversy over the low tax rates that Republican ex-presidential candidate and former Massachusetts Gov. Mitt Romney paid? Part of the reason was because of his capital gains on investments.


Managers of most private equity funds get a percentage of the net gains as a management fee. This payment is known as carried interest, and here's the beautiful part for the fund manager: Carried interest is not taxed like the regular interest most taxpayers get on regular savings accounts. It's taxed as a capital gain.


That means while regular interest received by most taxpayers on their savings accounts is taxed at rates that could go up to 35 percent, folks who get carried interest payments owe a current top rate of 15 percent on that special interest.

Tax break for offshoring US jobs



The ability to save on corporate taxes by shipping operations overseas is one of the most vilified corporate tax breaks.



Yes, companies can expense the costs of relocating abroad.


When U.S. unemployment is high, a tax break that rewards the elimination of more U.S. jobs seems like a really bad idea.


Will these and other individual and corporate tax loopholes, deductions or, as the federal government calls them, tax expenditures, be eliminated or even tweaked a bit? It's not likely. All are quite popular among the groups that receive tax savings from them. And they are the same folks who tend to contribute generously to political campaigns.
 

Gunslinger08

Lifer
Nov 18, 2001
13,234
2
81
I would pretty vehemently disagree with the first two. Capital gains rates affect a lot more than you probably think. Your mutual funds pay capital gains everytime they make an applicable transaction. Do you want every Joe Retiree to receive lower returns and have to work longer and/or contribute more?

The second point is laughable. The author makes the claim that no one has ever bought or not bought a home based on tax law, but provides absolutely no evidence for this claim. A tax break like that is huge. A lot of people would either lose their homes or never be able to buy one without it.
 

shortylickens

No Lifer
Jul 15, 2003
80,287
17,081
136
He is trolling but he's right. Every time a new tax bill gets passed there are always loopholes so the top 1 percent dont actually have to pay the new taxes. In fact sometimes they end up with lower taxes.

We dont need to raise the tax rate at all. We just need to close the fuckin loopholes.
 

nehalem256

Lifer
Apr 13, 2012
15,669
8
0
Capital gains tax rate

The current 15 percent capital gains tax rate for most investors and zero percent rate for lower income taxpayers are part of the much ballyhooed George W. Bush-era tax cuts.


Ordinary taxpayers pay tax on their earnings at ordinary income tax rates up to 35 percent. The really rich, however, are different from you and me in that they tend to make most of their money via investments instead of standard paychecks -- meaning most of their money is taxed at 15 percent.


And it's a huge reason why the wealthy, such as financier Warren Buffett, are able to pay substantially lower overall tax rates. Buffett's oft-repeated confession that his tax rate is lower than his secretary's sparked the latest political debate on the fairness of low tax rates on investment profits.
.

http://taxes.about.com/od/capitalgains/qt/home_sale_tax2.htm

So I assume you think that capital gains from the sale of a primary residence should be taxed the same as regular income and there should be no exclusion. After all all income is income.
 

3chordcharlie

Diamond Member
Mar 30, 2004
9,859
1
81
I would pretty vehemently disagree with the first two. Capital gains rates affect a lot more than you probably think. Your mutual funds pay capital gains everytime they make an applicable transaction. Do you want every Joe Retiree to receive lower returns and have to work longer and/or contribute more?
Weak - where does the benefit accrue most? What overall adjustments (i.e. cuts in income rates) could be made by raising this rate?

The second point is laughable. The author makes the claim that no one has ever bought or not bought a home based on tax law, but provides absolutely no evidence for this claim. A tax break like that is huge. A lot of people would either lose their homes or never be able to buy one without it.
The point is second homes are 100% luxury. Mortgage interest deduction probably contributes to inflating the price of vacation properties, while this conspicuous consumption goes essentially untaxed.
 

nickbits

Diamond Member
Mar 10, 2008
4,122
1
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I don't see how those are loop holes. Loop holes are highly obscure things few know about. Those do not qualify.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,685
136
I would pretty vehemently disagree with the first two. Capital gains rates affect a lot more than you probably think. Your mutual funds pay capital gains everytime they make an applicable transaction. Do you want every Joe Retiree to receive lower returns and have to work longer and/or contribute more?

The second point is laughable. The author makes the claim that no one has ever bought or not bought a home based on tax law, but provides absolutely no evidence for this claim. A tax break like that is huge. A lot of people would either lose their homes or never be able to buy one without it.

I don't believe your assertion wrt Mutuals is correct. you need to cite authoritative sources.

Dave's reference was wrt second homes, not first homes, rendering your second point moot.
 

Ausm

Lifer
Oct 9, 1999
25,213
14
81
They will never get changed because they are padding the pockets of the Politicians to look the other way and squeeze the Middle Class even more to make up the difference in lost revenue.
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
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Would a loophole also be the tuition interest and costs being able to be limited to a certain income level?
 

Matt1970

Lifer
Mar 19, 2007
12,320
3
0
They will never get changed because they are padding the pockets of the Politicians to look the other way and squeeze the Middle Class even more to make up the difference in lost revenue.

When were taxes raised on the middle class? Any lost revenue has always been made up by borrowing and printing.
 

CycloWizard

Lifer
Sep 10, 2001
12,348
1
81
I'm sick of this idea that the rich should simply hand over more of their money voluntarily even though garbage laws do not require them to do so. Anyone who intentionally pays more taxes than they legally owe is an idiot. That said, I'm all for completely scrapping the current tax code and have put forth detailed plans in this forum for precisely how we might do so.
 

Jimzz

Diamond Member
Oct 23, 2012
4,399
190
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When were taxes raised on the middle class? Any lost revenue has always been made up by borrowing and printing.


And "borrowing and printing" is just a delayed tax increase that will affect those in the lower income brackets.
 

Pens1566

Lifer
Oct 11, 2005
13,666
11,224
136
The 2nd mortgage isn't necessarily a vacation home. If you have to relocate and can't sell the first home due to the market, that's not exactly a "vacation".
 

glenn1

Lifer
Sep 6, 2000
25,383
1,013
126
The article neglects the undisputed #1 loophole that should be closed; the federal deduction for state and local taxes. It should be terminated with extreme prejudice and never be allowed to reappear.
 

brandonb

Diamond Member
Oct 17, 2006
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Jimzz

Diamond Member
Oct 23, 2012
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The 2nd mortgage isn't necessarily a vacation home. If you have to relocate and can't sell the first home due to the market, that's not exactly a "vacation".


Simple way to fix is reduce what can be written off or the time allowd.

Yea it may affect someone like what you are saying but its generaly used by the most wealthy to have a 2nd place and get a tax break as well.
 

brandonb

Diamond Member
Oct 17, 2006
3,731
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The article neglects the undisputed #1 loophole that should be closed; the federal deduction for state and local taxes. It should be terminated with extreme prejudice and never be allowed to reappear.

Yeah, this one doesn't require any proof. You just put a number in and you are done. No paperworks needs to be filed. Good luck defending it though if you are audited.

But chances are if you are paying a ton of money into taxes they will turn a blind eye torwards you. One of those perks of being rich. In this case its like the government is the addict, and the tax payer is the drug dealer. You won't bite the hand that feeds you.

I use this "loophole" but it defaults to a certain amount of your wage if you don't itemize it, and that's what I do.
 

Matt1970

Lifer
Mar 19, 2007
12,320
3
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And "borrowing and printing" is just a delayed tax increase that will affect those in the lower income brackets.

Oh ya because those in the lower income bracket pay a crippling amount of income taxes.
 

Ausm

Lifer
Oct 9, 1999
25,213
14
81
When were taxes raised on the middle class? Any lost revenue has always been made up by borrowing and printing.

When you offshore your cash in order to avoid taxation in my opinion that's a HUGE loss of revenue that the Middle class have to shoulder the burden. So if your sugar Daddies in your Party would pay what they are suppose to our tax rates would be less then they are now.
 

piasabird

Lifer
Feb 6, 2002
17,168
60
91
Have you looked at the interest rate you receive from a bank? it is like a quarter of a percent or some such thing.

When it comes to deductions on your primary home. Many low-end home owners like myself am using this. You would expect a deduction for

Initial purchase of property-One time event!
Interest on loan
State Taxes Paid
Insurance on property

This is designed to encourage home owership. However, I could see this being abused quite a bit. In some locations the average house could be in excess of $300k, or in the millions if you are made of money. I wonder if CEO's get this kind of deal. Now for the average home owner making between say $30k and $80K on a house between $70k and $250k this might not add up to much, but it could quite often be in the thousands. However, the more money you make the more this could be abused. I could see these deductions being scaled back, but I would not just stop it immediately.

What I could not believe was those people the government gave $8,000 to to purchase their first house. I want my free $8,000! I have been ripped off.

I use this deduction every year along with everyone else on earth with a home. There are some education credits and such that are nice too. However, I dont think that anyone that receives full Pell or has a full ride scholarship deserves the Hope Credit. Education is kind of odd in the way it is funded. If you get straight A's you can probably find some kind of scholarship mone. Also if you are dirt poor you may qualify for full PELL around $5,000 a year or something like that. However, the people in the lower middle class are just on their own. You may get a student loan, but you have to pay that back for at least 20 years.