20230906151353201_22-800%2520tsac%2520Meese%2520Final.pdf

https://www.supremecourt.gov/DocketPDF/22/22-800/278983/ [login to see] 1353201_22-800%20tsac%20Meese%20Final.pdf
My comment, "The concept of the unrealized minimum tax has been discussed frequently, yet often without a clear explanation of its implications and functions. My goal is to clarify this new tax in a manner that fosters a better understanding.

## Potential Impact of Taxing Unrealized Capital Gains in the U.S.

The Biden administration has proposed a tax on unrealized capital gains for high net worth individuals, which could have significant implications for U.S. citizens. Here are some key points to consider:

### What Are Unrealized Capital Gains?

Unrealized capital gains refer to the increase in value of an asset that has not yet been sold. For example, if you bought a stock for $10 and it is now worth $12, the $2 difference is an unrealized capital gain[2]. Currently, there is no tax on these gains until the asset is sold and the gains are realized.

### The Proposed Tax

Under the Biden proposal, households with proposed net assets would pay a minimum tax of 25% on their combined income and unrealized capital gains[2]. This would be assessed annually, likely at the end of the year.

### Potential Impacts

- **Increased tax burden will start for the high net worth individuals**: It would require them to pay taxes on their unrealized gains each year[4].

- **Complexity and administrative challenges**: Valuing certain assets like art, collectibles, and real estate could be challenging and costly for both taxpayers and the government[4].

- **Potential for capital flight**: The tax could incentivize higher net income affected individuals to move their assets or even relocate overseas to avoid the tax, leading to capital flight from the U.S[4].

- **Reduced investment and economic growth**: The tax may discourage investment and innovation, potentially leading to lower wages, fewer jobs, and slower economic growth[4].

- **Constitutional concerns**: There are arguments that taxing unrealized gains may be unconstitutional, as it could be seen as a direct tax on wealth rather than income, which may violate the 16th Amendment[5].

### Counterarguments

Proponents of the tax argue that it would make the wealthiest Americans pay a fairer share of taxes, as they can already borrow against their unrealized gains to generate income[3]. They also suggest that the tax would only affect a small number of taxpayers.

However, critics point out that the top 1% already pay a significant portion of income taxes, contributing over 40% despite earning 21% of total income[4]. There are also concerns that THE TAX COULD EXPAND TO IMPACT A BROADER RANGE OF TAXPAYERS OVER TIME, SIMILAR TO THE ALTERNATIVE MINIMUM TAX [4].

In conclusion, while the proposed tax on unrealized capital gains aims to increase contributions from the wealthiest Americans, it could have far-reaching implications for the U.S. economy and citizens. The potential for increased complexity, reduced investment, and constitutional challenges suggests that the proposal may face significant hurdles before being implemented."

Citations:
[2] https://smartasset.com/taxes/unrealized-capital-gains-tax-policy
[3] https://finance.yahoo.com/news/why-kamala-harriss-approach-to-capital-gains-is-generating-so-much-controversy-112935244.html
[4] https://thehill.com/opinion/finance/3487486-bidens-tax-on-unrealized-gains-will-hit-far-more-taxpayers-than-he-claims/
[5] https://www.supremecourt.gov/DocketPDF/22/22-800/278983/ [login to see] 1353201_22-800%20tsac%20Meese%20Final.pdf
[6] https://www.forbes.com/sites/davidbirnbaum/2024/08/30/unrealized-gains-tax-is-capital-punishment/
[7] https://www.linkedin.com/pulse/accountant-i-love-proposed-taxes-unrealized-gains-gene-marks-cpa-jszgc
[8] https://www.forbes.com/sites/dereksaul/2024/09/03/what-is-unrealized-capital-gains-tax-unpacking-kamala-harris-backed-proposal-on-ultra-wealthy/