President BidenThe $ 6 trillion spending plan would assume that its proposed capital gains tax hike begins in April – meaning it would likely be too late for wealthy Americans to dodge the new levy.

The Wall Street Journal reported this week that the effective date of the higher capital gains tax rate would correlate with Biden’s announcement of the increase in April, when he unveiled the US plan. for $ 1.8 trillion families.

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In order to pay for the sweeping spending plan, the president called for almost doubling the capital gains tax rate to 39.6%, from 20% for Americans earning more than $ 1 million, restoring the rate of highest tax at 39.6% and eliminating the so-called “step-up” base.

Yet the tax hike faces an uncertain future in Congress: Republican lawmakers have backed down from the scale of Biden’s spending plans and united to protect the 2017 tax law from any potential setbacks. Some moderate Democrats have also raised concerns about the increases proposed by Biden, warning that higher tax rates could derail the nascent economic recovery after the coronavirus pandemic.

The retroactive change to the tax law drew fierce criticism from executives of America’s six largest banks, who testified before Congress on Thursday. CEOs have warned that the proposal could scare off investors and small businesses, inflicting further economic damage.

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“Anything retroactive creates additional anxiety and uncertainty, and that would only slow down economic activity,” said David Solomon, CEO of Goldman Sachs. “So I think retroactivity is something you have to be very, very careful about. And I think slowing down investment activity through an increase in capital gains tax is also something. something to think about carefully. “

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The rationale for a retroactive tax hike is that it prevents the wealthy from taking preventative measures to protect their assets.

Analysis by the Penn Wharton Budget Model, a non-partisan group at the Wharton School at the University of Pennsylvania, suggests that wealthy Americans would employ techniques to avoid the rate hike. Tax evasion, largely legal, would reduce an estimated $ 900 billion of the estimated $ trillion that an increase in capital gains tax could generate for the federal government over the next decade, said Researchers.

For example, they said, taxpayers would likely realize more earnings in years when taxable income falls below the threshold. They also suggested that an increased share of corporate income would be organized through pass-through interest instead of C corporations to avoid the second layer of shareholder tax.

“A large body of empirical research shows that when taxes on capital gains increase, realizations of capital gains decrease,” the researchers wrote. “Compared to other forms of income taxed under personal income tax, capital gains are relatively responsive, even elastic, to tax rates.

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Taxes on long-term capital gains – generally classified as an asset held for more than a year – currently range from 0% to 20%, depending on a person’s income. The wealthiest investors are also subject to an additional 3.8% tax on long-term and short-term capital gains used to fund ObamaCare. Short-term capital gains on assets sold in the year are generally taxed as ordinary income.

Capital gains are fiscally advantageous compared to income from wages and salaries; Under existing law, the richest Americans pay a maximum tax rate of 37% on ordinary income, while the maximum tax rate on capital gains is 23.8%.

The president campaigned to equalize capital gains and tax rates for wealthy Americans.



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