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Unrealized capital gains tax
October 28, 2021
12:49 pm
Alexandre
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There is a discussion in the US on topic of taxing billionaires on unrealized capital gains.

I have found justification for such tax in Opinion column written for CNN, by Edward McCaffery, a tax law professor, and I have question about it.

It goes like this:

The rich can borrow against their stock holdings, which is tax-free under an income tax.

If the rich hold both assets and debt at death, everything gets reset under current law, as their heirs inherit the assets without any income-tax obligations.

Asking people who are financially smarter than me: does that make sense? When someone dies, are their debts simply forgiven and assets transferred to heirs?

Also, if this is true, why would lenders accept such terms and give away money they know they may not see back? What is the benefit for them?

------------------
The Opinion column I refer to from CNN is "How to tax Elon Musk and Jeff Bezos," October 26, 2021.

October 28, 2021
2:30 pm
Norman1
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Debts are definitely not forgiven on death unless that is part of the terms of the debt.

Usually, what's left after debt is paid off is transferred to heirs.

Lenders are smarter than to lend against stock without putting a lien on the stock.

October 28, 2021
3:27 pm
AltaRed
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Agreed. There is more to it than that (the complexities of US tax law which I know little about). The initial advantage for the ultra rich is no need to crystallize cap gains while alive to pay income tax on. If one can borrow against collateral to fund one's lifestyle, why not do that? Death will require a reckoning. It's a matter of timing.

October 28, 2021
4:35 pm
COIN
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October 30, 2021
4:54 am
Alexandre
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In that case, what tax law professor describes appears to be not tax avoidance, but tax deferral. The IRS will get taxes collected on stock holdings, sooner or later.

Then, what am I missing here? I can understand why politician could come with that idea: it can score great political points if you think about it. But why does tax law professor support it unequivocally?

October 30, 2021
5:12 am
mordko
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I can’t get my head around the concept of taxing unrealized gains. It’s against the basic logic behind our whole taxation system. Forces sales. Destroys any chance of future Teslas and Amazons and takes ownership away from company founders. Also, gives lots of interesting work to lawyers and accountants.

October 30, 2021
10:26 am
Bill
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Alexandre said
Then, what am I missing here? I can understand why politician could come with that idea: it can score great political points if you think about it. But why does tax law professor support it unequivocally?  

Alexandre, the answer is because not just politicians have political bias, tax law experts (and CNN) do too. If you do a bit of research on McCaffery you'll see why he supports it, e.g. "The fundamental flaw in the US tax system is that we tax wages, not wealth........" I'm sure tax law experts would not have unanimity on opinions like that.

October 31, 2021
2:23 pm
Alexandre
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mordko said
I can’t get my head around the concept of taxing unrealized gains.

There was a piece at Babylon Bee where they suggested to give refund for unrealized charitable donations.

"So... I haven't exactly given away any money to charity this year, that's why it's unrealized," said Chuckston. "I fully intend to give maybe a million or so to charity at some point over my lifetime, or maybe my kids will. But I think I'm going to go ahead and claim the exemptions for all of it right now!"

Not all political satire in the US is dead, which is good news.

November 13, 2021
1:53 am
RetirEd
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Mordko said: "Destroys any chance of future Teslas and Amazons"

I think that's the main reason the idea is gaining popularity.
RetieEd

RetirEd

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