Posts Tagged ‘3.8%’

The 3.8% solution … here comes the tax pile-on.

July 10, 2012

Taxes will be going up … thanks to  ObamaCare and Justice Roberts.

Flashback: ObamaCare’s initial $1 trillion cost projections (which have already doubled) … were funded (on paper, that is) roughly half by cuts to Medicare and half by tax increases.

One of the tax increases is a 3.8% tax on investment income … essentially slapping payroll taxes on so-called “unearned income”.

“Unearned income” is more than dividends and capital gains.

According to the WSJ

The tax applies to:

  • dividends;
  • rents;
  • royalties;
  • interest, except municipal-bond interest;
  • short- and long-term capital gains;
  • the taxable portion of annuity payments;
  • income from the sale of a principal home;
  • a net gain from the sale of a second home;
  • passive income from real estate and investments, such as limited partnerships.

The tax does not apply to:

  • payouts from a regular or Roth IRA, 401(k) plan or pension;
  • Social Security income; or annuities that are part of a retirement plan.
  • life-insurance proceeds;
  • municipal-bond interest;
  • veterans’ benefits; Schedule C income from businesses

Also, the tax does not apply to  non-resident aliens.

Couple of mega-takeaways:

1) Municipal bonds benefit … not subject to the ObamaCare surcharge … and don’t count towards the $250k AGI trigger.

2) Renters lose … landlords are likely to pass along the surcharge to higher rents

3) Housing prices pressured … double-whammy … higher cap gains taxes make houses less attractive as investments … rents tax decreases motivation for investors to buy and rent homes.

4) Seniors lose … if they shifted their retirement portfolios to fixed incomes … since interest and dividends get hit … dividends especially since they’ll also get hit with an increase in income tax rates — from 15% to as high as 39.5%

At least our health insurance premiums are going down … NOT !Could be worse … our health insurance premiums could be going up … oops, they are.

Oh well …

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“Prosecutorial Discretion” … the chickens will come home to roost on this one!

July 3, 2012

Long ago … you know, the week before last, King-O ruled by Executive Order that Illegal “dreamers” wouldn’t be deported (though the law says they should be), that illegals ID’ed in Arizona won’t be processed by Feds (though the law says that they should be), etc.

Setting the politics aside, the legal justification is called  “prosecutorial discretion”.

That means that not all laws are to be enforced … only those that the executive branch of government judges to be worthy of enforcement.

While Dems are cheering Obama’s “bold stroke”, I’m betting they’ll rue the day.

Let me give you a couple of examples why …

The Individual Mandate

OK, un-conservative Chief Justice Roberts ruled that the penalty — err, “tax” — is constitutional and has the force of law.

Fast forward to January 2013 … and, imagine a President Romney.

Now, imagine a President Romney issuing an Executive Order to the IRS that they should not enforce ObamaCare’s individual mandate.

Better yet, imagine him reversing the executive action to add 16,000 IRS agents to enforce the individual mandate … or for that matter, any ObamaCare provisions, say the 3.8% surcharge tax on investment income.

Boom.  Gone !

“Prosecutorial discretion” in action.

Think Dems will refer to it as Romney’s bold stroke?

* * * * *
Taxes on Dividend Income

For decades — maybe centuries — economists have argued against the double taxation of dividends … once at the corporate level, once at the individual level.

What if President Romney declares — by Executive Order — that the IRS should stop collecting taxes on dividend income and stop chasing down folks who don’t pay the taxes voluntarily.  So what if the law is on the books?

Boom. Gone.

No Congressional action required.

Just garden variety prosecutorial discretion.

* * * * *
I bet you get the picture …

My instincts tell me that the principle of the executive branch cheery-picking the laws it likes isn’t a long-term winner.

As old Rev. Wright would say: “The chickens will come home to roost on this one.

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