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Top 1% of salary earners. The CEOs, highly paid doctors, engineers. The real capitalists - those who hold the assets and pay for their yachts with stock-backed loans - they don't pay 40% of the federal tax revenue. Their salary is $1/year.


Loans are not income.


There is no law of nature that says only income can be taxed. Loans could be taxed.


You totally get it, and I really like the law of nature phrasing.


How about taxing your mortgage, then?


That could be a law. It would be a bad law for most people since they don’t own any houses.

Taxing loans to billionaires is a good law because it closes the “just take out a loan” loophole.


Alternatively, loans are income today coupled with an expense over some future period.

Including loan proceeds in taxed income (and deducting repayment) is certainly a potential policy choice.

OTOH, treating pledging an asset as security for a loan as a realization event at FMV, making it both taxable if a gain and a basis value update, while taxing capital gains as normal income would also be a way to shutdown the “use secured loans to fund your lifestyle to avoid realizing gains and being taxed” hack.


How are stock-backed-loans paid back?

If in cash, they have to get the cash from somewhere, right? Supposedly selling the stocks. That can be taxed then and there.

If they transfer the stocks to the lender, that means the stocks in question are valued at $x, since that's the value of the loan. So tax that value.


After you die your estate sells stocks


Does the estate pay capital gains on those stocks, or can it take advantage of stepped-up cost basis rules to avoid those as well?


I'm not an expert, but my reading of the IRS's FAQ [1] is that the cost basis of inherited assets gets reset to the fair market value of the assets on the date of death.

1. https://www.irs.gov/faqs/interest-dividends-other-types-of-i...


You're right, and then you pay the inheritance tax which is more than the capital gains taxes would have been.


> > And then you pay the 40% federal inheritance tax and the 20% state inheritance tax on the total value at the date of death.

After the $12 million (nearly $13 million next year) exemption, the unused portion of which passes to the surviving spouse and increases their tax-free estate exemption.

But, yes, in the limit case estates aren't the tax-optimal way to transfer capital to survivors, which is why other vehicles are used for people for whom the estate exemption is small potatoes.


If you're a billionaire, a $12m exemption isn't much of anything.


“But, yes, in the limit case estates aren't the tax-optimal way to transfer capital to survivors, which is why other vehicles are used for people for whom the estate exemption is small potatoes.”


Like what?


GRAT’s are common for volatile assets like tech shares.


The estate gets a stepped up cost basis on the date of death. And then you pay the 40% federal inheritance tax and the 20% state inheritance tax on the total value at the date of death.




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