Obama Stumps for 'Buffett Tax'

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Your high net worth clients are in the president’s sights, and if he pushes his tax agenda through Congress, those making $1 million or more a year will be hit with a new “kind of AMT” that would ensure they pay at the same rate as lower income taxpayers.

President Barack Obama’s controversial proposal to cut $3.6 trillion from the deficit over the next decade includes a measure called the “Buffett Rule,” a tax increase on wealthy Americans who earn $1 million or more per taxable year. “Middle-class families shouldn’t pay higher tax rates than millionaires and billionaires,” said Obama. “Warren Buffett’s secretary shouldn’t pay a higher tax rate than Warren Buffett. There is no justification for it.”

Obama was referring to Buffett’s New York Times op-ed piece in which he said that the federal government protects the wealthy like “spotted owls” and other “endangered species.” In the piece, Buffett said that his effective tax rate is far lower than anyone else’s in his office and called for the wealthy to make “shared sacrifice” to get the country’s finances in order.

But Republicans like House Speaker John Boehner, R-Ohio, don’t see the Buffett Rule in terms of fairness. "I don't believe that class warfare is leadership," the speaker said. The president countered that, "[Y]ou're already hearing the moans and groans from the other side about how we are engaging in class warfare and we're being too populist and this and that and the other—all the usual scripts. I mean, it's predictable, the news releases that come out from the other side.” Perhaps ironically, Obama’s comments were made at his recent $35,800 a couple fundraiser.

Obama claims that the tax hike is necessary to promote fairness among high and low income earners, but government statistics tell a different story. According to the Congressional Budget Office, over 70% of all federal income taxes are paid by the top 10% of earners. And while some millionaires may be paying a lower percentage of their income in tax than the regular middle-income earner, this represents less than 1% of all households with incomes exceeding $1 million.

With the combined effects of the proposed $447 billion American Jobs Act and the sunset of the Bush tax cuts in 2012, this additional tax increase proposal is already receiving widespread criticism. Opponents of it are arguing that Obama is merely raising taxes and increasing spending without affirmatively resolving the high unemployment rates suffocating our economy.

Because it’s highly unlikely that Republicans will allow Obama’s Buffett Tax Proposal to pass a House vote, taxpayers may be left wondering whether the proposal is really in the best interests of the U.S. economy or whether it’s an empty attempt to charge up the president’s base in the lead-up to the election.

For additional coverage of this issue and similar ones, we invite you to sign up with AdvisorOne’sSummit Business Media partner, AdvisorFX, for a free trial.

You may also be interested in signing up for a free trial with another Summit Business Media partner, Tax Facts Online.

See also The Law Professor's blog at AdvisorFYI.

About the Author
William H. Byrnes, Esq.

William H. Byrnes, Esq.

Prof. William H. Byrnes, Esq., LL.M., CWM, Fellow

Prof. William H. Byrnes, Esq., LL.M., CWM, Fellow, is the leader of Summit Business Media's Financial Advisory Publications, having been appointed July 1, 2010. He has been an author and editor of 10 books and treatises and 17 chapters for Lexis-Nexis, Wolters Kluwer, Thomson-Reuters, Oxford University Press, Edward Elgar, and Wilmington, as well as numerous commissioned, peer-reviewed, and law review articles. He was a Senior Manager, then Associate Director of international tax for Coopers and Lybrand, which subsequently amalgamated into PricewaterhouseCoopers, practicing in Africa, Europe, Asia, and the Caribbean.

He has been commissioned and consulted by a number of governments on their tax and fiscal policy from policy formation to regime impact. He has served as an operational board member for companies in several industries including fashion, durable medical equipment, office furniture, and technology. Since 1994, he has been a professional trainer for professional association conferences, government workshops, and financial service institutions in-house meetings.

Before Associate Dean Byrnes joined the administration of Thomas Jefferson School of Law, he was a tenured law faculty member at St. Thomas School of Law. He serves on the Academic Committee of the American Academy of Financial Management. He created the first online graduate program offered to wealth managers and life insurance producers without any legal background—see http://llmprogram.tjsl.edu (Graduate Program of International Tax and Financial Services, Thomas Jefferson School of Law).

Email: wbyrnes@nationalunderwriteradvancedmarkets.com

About the Author
Robert Bloink, Esq., LL.M.

Robert Bloink, Esq., LL.M.

Robert Bloink is a professor of tax for the Graduate Program of International Tax and Financial Services, Thomas Jefferson School of Law.

Previously, he served as Senior Attorney in the IRS Office of Chief Counsel, Large and Mid-Sized Business Division, where he litigated many cases in the U.S. Tax Court, served as Liaison Counsel for the Offshore Compliance Technical Assistance Program, coordinated examination programs audit teams on the development of issues for large corporate taxpayers, and taught continuing education seminars to Senior Revenue Agents involved in Large Case Exams. In his governmental capacity, Mr. Bloink became recognized as an expert in the taxation of financial structured products and was responsible for the IRS’ first FSA addressing variable forward contracts. Mr. Bloink’s core competencies led to his involvement in prosecuting some of the biggest corporate tax shelters in the history or our country.

 

Mr. Bloink's insurance practice incorporates sophisticated wealth transfer techniques, as well as counseling institutions in the context of their insurance portfolios and other mortality based exposures. 

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