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January 26, 2012 3:20 PM

Why is investment income taxed less than wages?

(AP)  WASHINGTON — Why do Mitt Romney and other wealthy investors pay lower taxes on the income they make from investments than they would if they earned their millions from wages? Because Congress, through the tax code, has long treated investment more favorably than labor, seeing it as an engine for economic growth that benefits everyone.

President Barack Obama and the Occupy Wall Street movement are challenging that value system, raising volatile election-year issues of equity, fairness — and Romney's tax returns.

Romney, who released his 2010 and 2011 tax returns this week, has been forced to defend the fact that he paid a tax rate of about 15 percent on an annual income of $21 million. His tax rate is comparable to the one paid by most middle-income families. His income, however, is 420 times higher than the typical U.S. household.

The Republican presidential candidate's taxes were so low because the vast majority of his income came from investments. The U.S. has long had a progressive income tax, in which people who make more money pay taxes at a higher rate than those who make less. But for almost as long, the U.S. has taxed capital gains — the profit from selling an investment — at a lower rate than wages.

"There are two ways to look at: There is a moral argument and an economic growth argument, and they both point to lower taxes on capital gains," said William McBride, an economist at the conservative Tax Foundation.

McBride says it is unfair to tax income more than once, and capital gains are taxed multiple times. If you got the original investment from wages, that money was taxed. If the stock you own gains value because the company you invested in makes a profit, those profits are taxed through the corporate tax. And if that company issues dividends, those are taxed as well.

Lots of people are double taxed, says Chuck Marr, director of federal tax policy for the liberal Center on Budget and Policy Priorities. "Check out your last pay stub: There's income tax and payroll tax, so you're double taxed, too," Marr said.

And, he noted, when you buy something, you probably pay a sales tax.

Under current law, the top tax rate is 15 percent on qualified dividend and long-term capital gains — the profits from selling assets that have been held for at least a year. The top income tax rate on wages is 35 percent, though that applies only to taxable income above $388,350.

Congress started taxing capital gains at a lower rate than wages following World War I. The concern then was that high taxes on capital gains actually reduced revenue because people would simply hold onto their investments and restrict the flow of capital, according to the Encyclopedia of Taxation and Tax Policy.

At the time, however, the top tax rate on wages was a whopping 73 percent. In 1922, Congress lowered the top capital gains rate to 12.5 percent, a rate that lasted until 1934.

For much of the next 70 years, the top tax rate on long-term capital gains hovered between 20 percent and 30 percent, going as high as 39.9 percent in the 1970s but never falling below 20 percent until 2003, when Congress passed a gradual reduction to the current rate.

The 2003 law also started taxing qualified dividends at the same rate as capital gains.

Liberals and some moderates argue that lower taxes on investments are a giveaway to the rich because they are the ones who get the most benefit. Last year, two-thirds of all capital gains went to people making more than $1 million, according to the nonpartisan Joint Committee on Taxation, the official scorekeeper for Congress.

Only 5 percent of capital gains went to people making less than $100,000, and only 13 percent went to people making less than $200,000.

"I'm a liberal person and I believe strongly that the wealthy should pay more than the working poor," Marr said, regardless of whether the income is from investments or labor.

Obama has taken up this argument, though his budget proposals have called for only small tax increases on capital gains and dividends, to a top rate of 20 percent.

Instead, Obama has developed the "Buffet Rule," named after billionaire investor Warren Buffet, which says rich people shouldn't pay taxes at a lower rate than their secretaries. To impose this rule, Obama said at his State of The Union address Tuesday that people making more than $1 million should pay at least 30 percent of their income in taxes.

"Now, you can call this class warfare all you want," Obama said. "But asking a billionaire to pay at least as much as his secretary in taxes? Most Americans would call that common sense."

The proposal has little chance of passing a divided Congress this year, and the Obama administration has released few details on how the tax would work.

Conservatives argue that increasing investment taxes would make it harder to for businesses to raise capital, restricting job growth and hurting financial markets, reducing income for people who rely on pension funds and 401(k) accounts as well as billionaires and millionaires.

"In my view the rationale for taxing capital gains and dividends at a lower rate has nothing to do with what an individual pays versus another individual," said Jim McCrery, who was a senior Republican member of the tax-writing House Ways and Means Committee when the 2003 tax cuts were enacted. "It has everything to do with the creation of jobs in this country."

McCrery now works for the Alliance for Savings and Investment, a coalition of companies and business groups that want to keep the current tax rates on capital gains and dividends.


Scientific American


© 2012 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
Add a Comment See all 43 Comments
by hayseedbears January 26, 2012 8:35 PM EST
With record earnings for corporations, with the top 1% making more than they ever did before and they are not creating jobs NOW. Think about it folks, they don't want to. They want to keep it all to themselves, lord knows they need all those trips, vacation homes, overseas trips that last for months, gold plated hanger to hang their clothes on, motorcycles, yachts. Shut up and eat your Ramen noodles like good little boys and girls. And don't be late to work tomorrow -- and expect to stay late.
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by dmj15a January 30, 2012 3:43 PM EST
What makes you think that the 'rich' didn't eat Ramen noodles and mac and cheese? I did, and I lived in my car until my student loan checks came in (I didn't qualify for grants - I worked two jobs and made too much money during the summer). Now, I'm in the top 1% and yes I have multiple homes but I don't get to spend much time 'on vacation' because I'm WORKING. You only see the end result but not the YEARS of effort getting there. Instead of complaining about what others have, try working harder for the things you want.
by tam946 January 26, 2012 6:27 PM EST
I'm very disappointed in this article. On such an important topic, you give us sound bites. As the comments show, it is much more complex and there are significant points to be made on each issue.
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by akcoins January 26, 2012 6:26 PM EST
Why do they never explain why we lost so many jobs after enacting the jobs creating tax cuts?
Reply to this comment
by David Richard January 26, 2012 5:58 PM EST
Why are capital gains taxed at a lower rate?

Simple: capital gains correlates highly with debt creation. Debt creation is simply another way to print money, but it's a ***** because it requires interest to be paid. But hey, as long as the liquidity pump of debt creation sponsored by our Fed Reserve is working, who's to worry? Well, turns out there's lots to worry, especially when the liquidity pump starts going in reverse. When that happens, look out, only the first out the exits survive.

Well we can't have a bust like that now can we. So instead we need to stimulate even more debt creation. How do we do that? Easy, lower the taxes on capital gains. Lower taxes on housing bubbles. Lower Federal Reserve swap rates to zero percent. Have the Fed Reserve create even more debt on our behalf by buying crappy MBS assets.

Gee after all that, and the economy is still teetering. Guess we need even lower taxes on capital gains. That will surely fix things. It would be funny if it wasn't such a disaster. Time is going to solve this problem.
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by David Richard January 26, 2012 6:07 PM EST
P.S. another way to stimulate debt creation is to allow fraud. How do you think banks were able to sell all those mortgage backed securities at AAA ratings? Hey, it's all good, as long as it keeps killing the dollar (and preventing the liquidity from going in reverse). Pretty soon counterfeiters will get to stay in business and not even have to pay interest on the "coupons" to the Fed (oh wait, we're already there, LoL!)
by JGTinFlorida January 26, 2012 5:55 PM EST
In Canada a political leader years ago had a very catchy line, "A Buck is a Buck". His idea was that a dollar should be taxed the same, whether from earned income or capital gains. But almost immediately there was back tracking, because you see a buck is not a buck. If you work for someone you have a contract that says you do something and get paid for it. If you invest there is risk, it is possible that you will lose your money.Plenty of people have lost money in investments. If the government takes say 33% of gains, it means that when you risk your money you have a partner standing by you who gains one third of what you gain, but is not risking anything. This type of system does not encourage the formation of businesses, the creation of wealth, the growth of an economy, the creation of jobs. Aside from the inherent unfairness in taxing money that comes after businesses pay taxes, the need to encourage the voluntary acceptance of risk is what motivates a lower rate for capital gains. The other two issues are the desirability of having flexibility, so that capital assets are exchanged more freely without worrying about steep tax consequences. Enforcing a high capital gains tax rate is expensive too, not as easy as enforcing income taxes on wages. All in all, a Buck is not a Buck.
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by akcoins January 26, 2012 6:24 PM EST
More than a few people have worked and not been paid (and also lost their pension) when the company goes under. The risk works both ways.
by d_kooker January 26, 2012 5:24 PM EST
The one aspect this article omits is risk. A lower tax rate on investment helps offset the cost associated with with capital losses that may not be recoverable (eg. losses in excess of gains over a lifetime) and losses of opportunity if a company decides not to pay a dividend. As someone who is not a billionaire, I think I would limit my investments if 30 or 40 percent of my return was going to the government, especially since I can't deduct my losses against my wage income. Someone who makes their living off investing perhaps can feel assured that the capital loss deduction will eventually even out but the middle class guy gets squeezed by the tax code.
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by David Richard January 26, 2012 5:33 PM EST
Where's the risk of capital losses when Bernanke is purposely inflating the stock market? Indeed, where's the risk to wealth anywhere when all big bets can be valued at par (i.e. no mark to market to refect an actual market price)?

The only risk is to those who fall off the conveyer belt of unemployment, due to a slowing economy where risk isn't allowed to ravage prices. Whoops there goes another thousand or so more unemployed. Too bad for them their bootstraps weren't strapped to the 1%.
by the1russ January 26, 2012 5:20 PM EST
All this argument about taxes....solution is simple. A single, national sales tax where food, clothing, first house, and rent are excluded. Poor people would end up paying no taxes. Rich people pay a lot, even illicit income is captured when spent. Anything purchased out of country is taxed on the way in.
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by Steven_Lockwood January 26, 2012 5:14 PM EST
hmm.. the company stock is already sold and out there.. so the companiy already has the capitol.. the company makes money.. pays off stockholders and adjusts income accordingly and then pays taxes.. then stockholders pay taxes on money they get.. Im not getting where double taxes come in.. lets try the racetrack.. people gamble and buy "tickets" for a horse to win or place.. they lose.. they write off a gambling loss ant the track owners pay taxes on earnings..... they win.. they pay 50% in taxes and the track reports a loss in the books for taxes.. I dont see a shortage of gamblers at the track or a shortage of tracks and racehorses.. so how will this hurt companies and investors??
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by nealinvestments January 26, 2012 4:59 PM EST
are people really that stupid to believe this 15% argument!!!
in order to have investment income, YOU HAVE ALREADY BEEN TAXED ON IT ONCE at 35% in case of high income earners. So AFTER you invest it, you really want investors to be taxed ANOTHER 30%! so basically 65%???
Buffet is telling such a lie, he and Romney have already been taxed on it once, so this myth his secretary is paying more is such a lie.
If he really cared that much, how come he purposely pays himself a salary of $100,000 and the rest is taxed at 15% LTCG?? why doesn't he, for the good of the country switch it and pay himself $300M a year in salary and put $100,000 towards investment. Because HE DOES NOT WANT TO PAY 35%+state taxes on $300M in income. What a hypocrit.

Likewise, Romney paid out more than 10% plus in charitable contributions. WHAT DID OBAMA pay, 1%!!! what about Joe ******* Biden, $367 bucks. The dems are so great at spending OTHER PEOPLES MONEY and telling everyone else what they need to pay!!
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by Fatesrider January 26, 2012 5:02 PM EST
You fail at math, logic, critical thinking and most everything else. What makes you think the majority of investment income comes from labor income? The overwhelming majority of capital gains was from money generated from capital gains income.

Gods, were you born stupid or do you just jerk your knee when Fox News misinforms you of something AGAIN?
by Steven_Lockwood January 26, 2012 5:19 PM EST
hmmm, so put it in a bank.. put it in a IRA.. what else to do with that exta income.. lets gamble and try to double it in the stockmarket.. if you win you pay taxes on the extra money you made not your initial investment.. if you lose.. you get a tax break!!!! I say use the gambling rate.. las vegas made billions that way!! an people still gamble!!
by Fatesrider January 26, 2012 4:57 PM EST
Investment doesn't generate income or job growth as much as the right-wing would have you believe.

The simple fact is that if there is no demand, there are no jobs. Investments help new businesses create products, but there is no guarantee there will be a demand for those products. MOST investment isn't in this arena of even potential job creation - only a tiny fraction of it is.

The overwhelming majority of investment - and earnings - comes from established companies and products which do nothing to generate demand.

That which generates demand (almost exclusively) is money being spent on products. If no money is being spent on products, there is no demand, and therefore no jobs needed to fill that lack of demand.

When 20% of the people have 93% of the money, there isn't enough spread out among the masses to spend money to generate sufficient demand for new job creation. In a simplistic, but very real sense, the wealthy have so much money tied up in investments that are extremely poor vehicles for job creation or growth, there isn't enough left over to kick-start the economy again.

Taxing capital gains and dedicating that tax toward deficit reduction, while concurrently lowering the taxes on the 80% of us who actually DO spend enough money widely enough on products and services by the amount of the interest payment on the national debt (about $200 billion dollars), we can actually DO something about the economy.

The question is whether the minions of the wealthy (congress, of course - mostly right-wingers in it, too) will do this.

If not, the majority of Americans are willing to kick EVERYONE out of Congress RIGHT NOW. We need people in there who will put the average American first and stop favoring the wealthy at the expense of, well, pretty much everyone and everything else.
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