Top Democrat proposes revival of plan to eliminate capital gains loopholes

Top Democrat proposes revival of plan to eliminate capital gains loopholes
Plan would require wealthy investors to pay capital gains tax on appreciation of their assets each year.
APR 03, 2019
By  Bloomberg

The top Democrat on the Senate Finance Committee, Ron Wyden, is reviving a plan that would tax wealthy individuals annually on their investments, instead of when those assets are sold. (More:Financial advisers take issue with Democratic plans to tax the rich) The plan represents a fundamental change to the timing of capital gains taxation — it would require wealthy investors to pay the capital gains tax on the appreciation of their assets each year, rather than paying the capital gains tax once when they sell an asset. The proposal, which is unlikely to become law while Republicans control the Senate and White House, is likely to be discussed by Democratic presidential hopefuls ahead of the 2020 elections. "This eliminates serious loopholes that allow some to pay a lower rate than wage earners, to delay their taxes indefinitely, and in some cases, to avoid paying tax at all," Mr. Wyden said in a statement Tuesday. Mr. Wyden's overhaul of the capital gains taxation system is frequently called "mark-to-market" taxation in policy circles. The Oregon Democrat has introduced similar proposals for several years and it was briefly discussed during the 2017 Republican tax overhaul, but ultimately wasn't included because of the complicated nature of how to structure such a plan. (More: Trump touts advantages of capital gains break, but experts aren't convinced) Mr. Wyden's proposal comes as the Democrats are envisioning new ways to tax the rich ahead of the 2020 presidential election. One hopeful, Senator Elizabeth Warren, has proposed an annual 2% wealth tax on households worth more than $50 million. Other contenders, including Senators Bernie Sanders and Kamala Harris, have backed expanding the estate tax as a way to pay for social programs. "Mark-to-market would certainly increase the tax liability on the wealthiest," Kyle Pomerleau, an economist at the conservative Tax Foundation, said in an email. And Steve Wamhoff, the director of federal tax policy at the left-leaning Institute on Taxation and Economic Policy, said the bill "would certainly slow down the ability of billionaires to accumulate massive fortunes very rapidly." Capital gains represent a significant portion of the money earned by the wealthiest households, compared to lower-income taxpayers. Sales of capital assets accounted for 55.1% of income for the top 0.001% of taxpayers while only accounting for 6.1% of income for all returns, according to IRS analysis of 2016 tax data. Mr. Wyden's proposal would reduce income inequality, but it would also dampen investors' incentive to save, said Alan Viard of the American Enterprise Institute. That in turn could reduce the supply of capital and drive down investments, he said. (More:Where does the proposed indexing of capital gains leave retirement accounts?) Mr. Wyden said he would explain in the coming weeks how he plans to structure the tax. He doesn't say how much money the proposal could raise. David Miller, a tax lawyer at law firm Proskauer Rose, estimates that a mark-to-market system on a small fraction of the top 1% could raise hundreds of billions of dollars of new revenue over a decade.

Latest News

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.