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re: Yellen: Treasury will consider taxing unrealized capital gains

Posted on 1/22/21 at 9:51 am to
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37025 posts
Posted on 1/22/21 at 9:51 am to
quote:

I believe it would require a change in tax laws by congress.

However, I am not very confident of that.

For example, I don't know if the IRS code wording can simply be changed (they would say "tweaked") to include unrealized gains to be within the definition of taxable income. In which case it may not require a change in tax law to be passed by congress.



Treasury/IRS can issue regulations (and some of them quite broad) but they can't change tax law (Internal Revenue Code). That has to come from Congress and signed by the President.

IRC 1222 defines gains, as "from the sale or exchange of a capital asset".

Congress would have to amend IRC 1222 in order to allow for unrealized gains - gains that are not from the sale or exchange of a capital asset - to be taxed.

For those people who are wondering about mechanics, I actually don't think congress will ever directly tax unrealized capital gains. It's too complicated.

I do think, it's possible, Congress would try to pass some sort of an individual equity tax. FMV of assets - FMV of related liabilities = individual equity, assign a tax rate on that. Anyone that has ever dealt with franchise taxes for a business, on the state level, it would kind of be like that. Most franchise taxes are based on historical cost, not FMV, but that's not much to change. That's where the concept would come from.
Posted by Priapus
Member since Oct 2012
1950 posts
Posted on 1/22/21 at 9:59 am to
I know everyone is worried about being taxed on the yet unrealized gains on their Exxon shares, but stop and take a second to think about what such a proposal would mean for the American family farmer/timber producer and the future of who controls all of that land from sea to shining sea.
Posted by LSURussian
Member since Feb 2005
126960 posts
Posted on 1/22/21 at 10:07 am to
quote:

I actually don't think congress will ever directly tax unrealized capital gains. It's too complicated.
Something similar has already been done for over 10 years for large banks who have "trading securities" in their bond portfolios.

Those banks are required to mark-to-market the value of their bonds eligible for trading (but not for their "hold until maturity" portfolio) and then adjust the bonds' value on their balance sheet via their equity valuation.

The adjustment doesn't affect income but does affect equity levels.

It's not a big leap from that process to requiring the adjustment first show up on the income statement before moving the net result over to the balance sheet.
Posted by Jorts R Us
Member since Aug 2013
14786 posts
Posted on 1/22/21 at 11:46 am to
quote:

Something similar has already been done for over 10 years for large banks who have "trading securities" in their bond portfolios. Those banks are required to mark-to-market the value of their bonds eligible for trading (but not for their "hold until maturity" portfolio) and then adjust the bonds' value on their balance sheet via their equity valuation. The adjustment doesn't affect income but does affect equity levels. It's not a big leap from that process to requiring the adjustment first show up on the income statement before moving the net result over to the balance sheet.


You're talking about financial accounting reporting standards, not tax law. Not Congress.
This post was edited on 1/22/21 at 11:47 am
Posted by LSURussian
Member since Feb 2005
126960 posts
Posted on 1/22/21 at 1:06 pm to
Yeah, so?

I was simply pointing out Houston's "it would be too complicated" comment isn't a prohibitive reason for not doing something if the government wants something.

If the Treasury Department and Congress see trillions of dollars in new tax revenues they can tap, they don't give a crap how complicated it might be to achieve it.

To them, that's someone else's problem...
Posted by eng08
Member since Jan 2013
5997 posts
Posted on 1/22/21 at 1:07 pm to
Yep - you are guilty for taxes until proven right
Posted by Jorts R Us
Member since Aug 2013
14786 posts
Posted on 1/22/21 at 1:16 pm to
quote:

Yeah, so?


Struck me as odd that your retort to his opinion that Congress wouldn't go for it was bringing up standards promulgated by a completely different body with completely different objectives.

quote:

If the Treasury Department and Congress see trillions of dollars in new tax revenues they can tap, they don't give a crap how complicated it might be to achieve it.


Big difference between accounting nerds telling other accounting nerds where to book shite on the financials vs tax compliance on an issue that would be difficult and costly to audit. You may not think so, but compliance is a Treasury concern. No point in tax law if you can't effectively audit it and have reasonable compliance.
This post was edited on 1/22/21 at 1:19 pm
Posted by AncientTiger
Mississippi- Louisiana - Destin
Member since Sep 2016
1380 posts
Posted on 1/22/21 at 1:16 pm to
I am not for any additional taxes, PERIOD. With that said, a Federal Sales Tax w/o any loop holes, deductions, etc would work for me.

The thought of additional taxes on assets realized or unrealized is nauseating.
Posted by TimeOutdoors
AK
Member since Sep 2014
12120 posts
Posted on 1/22/21 at 1:24 pm to
quote:

a Federal Sales Tax w/o any loop holes, deductions, etc would work for me


Problem is it doesn't just tax the rich.

I remember as a child being taught that taxes aren't fair, but they are supposed to be as fair as possible. (Meaning if you do not have kids you still pay school tax, etc). Somewhere along the way we have stopped paying attention to the second half of that sentence. People should be rewarded for investing and taking the burden off of social security, not punished for it.
Posted by go ta hell ole miss
Member since Jan 2007
13615 posts
Posted on 1/22/21 at 2:31 pm to
quote:

By "back-door" I mean it's a wealth tax without them openly referring to it as a wealth tax.


I knew what you meant. I disagree. They are not hiding the fact that they are openly coming after wealth.
Posted by tigergirl10
Member since Jul 2019
10307 posts
Posted on 1/22/21 at 9:06 pm to
quote:

as well as other approaches to boost revenues
How about letting people get back to work instead. Such bullshite.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37025 posts
Posted on 1/22/21 at 11:13 pm to
quote:

People should be rewarded for investing and taking the burden off of social security, not punished for it.


So you support means testing for SS benefits?
Posted by barry
Location, Location, Location
Member since Aug 2006
50337 posts
Posted on 1/23/21 at 7:49 am to
Don’t know if this has been discussed yet, but the only way you should be taxed on unrealized gains is if you are profiting from them, e.g. taking a loan against it
Posted by rintintin
Life is Life
Member since Nov 2008
16157 posts
Posted on 1/23/21 at 9:41 am to
So would you get a tax credit for unrealized losses?

They are quite literally trying to take money from a pool of money that doesn't yet exist, which is terrifying.

Imagine you have a position that hit a 100% gain over the course of the year. You pay a large tax on it, then it crashes and you end up selling back at even. The Gov't basically took money from you based on money you didn't even make.

But remember you're free.....
Posted by cgrand
HAMMOND
Member since Oct 2009
38646 posts
Posted on 1/23/21 at 10:03 am to
quote:

So you support means testing for SS benefits?

I certainly do.
no different from the school tax paid by childless people referenced above. SS is not an investment vehicle, the money paid is is not “yours”. It’s a tax just like every other tax

so yes there should be means testing. Over a certain income you don’t get it because you don’t need it. Just like you don’t get a tax refund on public schools you didn’t use or interstates you didn’t drive on

and...just like the “trump bucks” and now “joes bail bonds” that I didn’t get and won’t get because I was deemed to be without injury.
This post was edited on 1/23/21 at 10:06 am
Posted by meansonny
ATL
Member since Sep 2012
25553 posts
Posted on 1/23/21 at 10:12 am to
quote:

so yes there should be means testing


You like the government telling people to pay in as they will benefit later in life and then changing the rules to screw them over?

The ol bait and switch?

Broken contract with america?

They are old boomers. They couldnt do any violence?
Posted by Jorts R Us
Member since Aug 2013
14786 posts
Posted on 1/23/21 at 10:15 am to
quote:

I certainly do. no different from the school tax paid by childless people referenced above. SS is not an investment vehicle, the money paid is is not “yours”. It’s a tax just like every other tax


K. Well, forgive those of us that would not like to be taxed any more than we already are, especially when you see waste and programs being abused.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51475 posts
Posted on 1/23/21 at 10:18 am to
quote:

Maybe, but they are also wanting to regulate it like they do other financial transactions. Plus like rocket said, any gains crom crypto would be up for this tax too.


Like I've said in other threads: physical gold and silver, baws. You don't have to go exclusively into it but anyone not hedging into it as well is somehow still in the "that will never happen" mindset.

If we're still in this shite four years from now and this same administration manages to win again, expect to see the term "negative interest rates" being floated around.
Posted by cgrand
HAMMOND
Member since Oct 2009
38646 posts
Posted on 1/23/21 at 10:32 am to
quote:

Well, forgive those of us that would not like to be taxed any more than we already are, especially when you see waste and programs being abused.


dude I would like to be “forgiven” from any number of taxes that I pay and have paid in 35 years of employment

it ain’t happening no matter how much I disagree with how the money was used/wasted/set on fire

If high income citizens have a “right” to SS then I want my fricking stimulus checks
Posted by Jorts R Us
Member since Aug 2013
14786 posts
Posted on 1/23/21 at 10:37 am to
quote:

dude I would like to be “forgiven” from any number of taxes that I pay and have paid in 35 years of employment


Clearly not, if you support means testing SS.
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