Advisers say Obama won't 'govern out of anger'
I'm pleased to see
some unemotional common sense is begining to appear.
I've studied the '90% tax on bonuses' law and think it can improved. Currently, it is woefully inadequate in targeting anyone who was involved in bringing this financial mess about. And it seems from Obama and Congress's rhetoric they don't want these people getting bonuses, and certainly not from taxpayers' funds, so why not actually do that?
The Problems in The Current Law
The tax covers
all employess at TARP companies (those who've received $5B or more in funds), and none in other (non-TARP) companies. However, much of the TARP money given to AIG (and others) was merely paid out to other banks who invested in their Credit Default Swaps and the like. So, these other (many foreign) banks are the actual recipients of our TARP funds, but are not subject to the 90% tax. IMO, that's a problem. They have our TARP money but we will not be getting it back if they use it for big bonuses.
The second problem is that those causing the problems may now be employed with a company NOT on the TARP list and thus get their bonuses but no 90% tax. So, they go 'unpunished', that's a problem.
"Innocent' investment bankers who had nothing to do with creating these problems and were subsequently hired by TARP companies to fix them are unneccesariy and unfairly punished, their contracts abrogated by the gov. That's a problem.
People who who don't even work in the financial products areas of these big conglomerates are now subject to the 90% bonus tax even though they don't have a d@mn thing to do with any of this. That's another big problem.
Suggested Solutions
I think some very minor changes could be made to improve the law, thereby avoiding confiscatory tax on 'innocents', and possibly clawing back bonuses form the guilty.
First, the only bonuses subject to the tax should for those employed in these financial products division. These other divisions didn't get TARP money, they didn't need it. This is easy to implement. These subsidiares are proper 'stand-alone' entities with their own payroll, and their Sub's FEIN (fed tax #) is unique to them. So, it's not hard to taget them precisely, and remove unrelated subsidiaries from the tax.
Secondly, Since these problems surfaced in 2007 and most people involved were removed in 2008 so why NOT exempt "new employees"? Those only begining work in 2008 were not involved, there's no need need (or valid reason) to punish them. We also maintain these TARP companies' ability to attract and retain good people to help undo this mess and minimize our losses. That's to our benefit - the taxpayers (who now own about 80% of AIG and have substantial investments in other TARP companies.)
I'd be pleased if they stopped there.
But you could go on to target and expand the 'punishment' to the 'guilty':
1. Pull in all companies receiving TARP funds, even if indirect. I.e., those companies who got TARP funds from another TARP company would be subject to the tax.
2. If you're gonna make taxes retroactive, why stop at 2008?
Make it retrocative much further back and 'confiscate' Cassanno's bonuses (he's the villian in AIG) received before he was fired. I'm not in favor of confiscatory taxes, nor retroactive changes, but if Congress is going to do it, they damn well oughtta do it right.
(I still think lawsuits are the right way to go. I'd really be pleased if they dropped this stupid tax idea and pursued those. At least that way we'd have assurance that they guilty ones were punished, the government wouldn't have to look like the bad guy in breaking contracts and conficating innocent peoples' money, and wouldn't be setting a bad precedent and may avoid costly legal challenges to the 90% tax law.
Fern