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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/
COL Randall C. Lt Col Charlie Brown MAJ Dale E. Wilson, Ph.D. CPT Jack Durish CSM Charles Hayden SGM (Join to see) MSG Andrew White SFC (Join to see) Cpl Vic Burk
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/
COL Randall C. Lt Col Charlie Brown MAJ Dale E. Wilson, Ph.D. CPT Jack Durish CSM Charles Hayden SGM (Join to see) MSG Andrew White SFC (Join to see) Cpl Vic Burk
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