Skip to content
Search AI Powered

Latest Stories

Donald Trump Has a New Plan to Cut Taxes on the Wealthy Even More Without Going Through Congress

Donald Trump Has a New Plan to Cut Taxes on the Wealthy Even More Without Going Through Congress
US President Donald Trump in the Oval Office of the White House in Washington, DC, July 30, 2018. (Photo by SAUL LOEB/AFP/Getty Images)

Is anyone really surprised?

While fallout from the unpopular Republican tax plan continues —setting the deficit on a path to reach new highs and Congress already pushing cuts to Veterans programs to cover funding shortfalls— President Donald Trump looks to hand another $100 billion tax cut to the wealthiest citizens.

But Congress barely managed to push through the last GOP tax cuts for the wealthy. And midterm elections loom just 100 days away.


Re-election efforts occupy Republicans in Congress for now. Focusing all their time on another unpopular piece of tax legislation would likely spell the end for several prominent GOP Senators, like Majority Leader Mitch McConnell.

But a path to tax cuts remains for the Trump administration: regulation instead of legislation.

Embattled Treasury Secretary Steve Mnuchin announced his department studied whether it could allow Americans to account for inflation in determining capital gains tax liabilities. By redefining "cost," the Treasury Department could allow taxpayers to adjust the initial value of an asset when it sells.

If it can’t get done through a legislation process, we will look at what tools at Treasury we have to do it on our own and we’ll consider that."

"We are studying that internally," Mnuchin stated, "and we are also studying the economic costs and the impact on growth."

Capital gains calculations are currently based on actual purchase price versus sale price. The difference, or capital gain, is then taxed.

If taxpayers increase the amount they "paid" on the front end, that difference shrinks, as do the taxes owed.

To effectively change tax law through Treasury regulation instead of Congress would likely not survive a judicial review. The U.S. Constitution sets out the separation of powers between the three branches of government.

The Treasury belongs to the executive branch, charged in the Constitution with enforcing the laws. Only the legislative branch makes laws. The third branch, the judicial branch interprets actions taken by the other branches, ensuring they don't violate the constitution.

Mnuchin emphasized he had yet to determine if bypassing existing tax law could or should be done by the Treasury. But finding a way to reduce capital gains taxes is a longstanding wishlist item for businesses like the Trump Organization where profits come from turning over properties, not creating products or providing services.

When Mnuchin's comments were relayed to Congress, Democratic leaders like New York Senator Chuck Schumer expressed outrage.

At a time when the deficit is out of control, wages are flat and the wealthiest are doing better than ever, to give the top 1 percent another advantage is an outrage and shows the Republicans’ true colors."

"Furthermore," Schumer continued, "Mr. Mnuchin thinks he can do it on his own, but everyone knows this must be done by legislation."

An independent analysis of the benefits of the Trump administration suggested change, showed more than 97 percent of the benefits go to the top 10 percent of incomes. Almost 66 percent goes to the top 0.1 percent of incomes.

Those figures explain why the 1.5 trillion dollar GOP tax cut signed last year steered clear of capital gains. There is no way to spin the numbers to the middle class as a benefit to them.

Trump's administration is not the first to consider sidestepping Congress to benefit the wealthiest citizens. In 1992, President George H. W. Bush examined the possibility.

They ultimately rejected the idea, deciding the change exceeded the powers granted to the Treasury Department and the executive branch. But some conservatives say Trump should do it anyway.

Even knowing the change will fail judicial review, investors like the Trump and Kushner families will still be able to sell off assets and avoid paying the proper level of taxes right up until the new regulation is overturned by the courts.

According to Ryan Ellis, a tax lobbyist,

No matter what the courts do, you’ll get the main economic benefit the day, the month after Treasury does this."

While Ryan's statement is accurate, knowingly creating a regulation that violates the Constitution for personal gain raises several ethical issues. Alexandra Thornton, senior director of tax policy at the Center for American Progress, remarked,

It would just be a very generous addition to the tax cuts they’ve already handed to the very wealthy and it would play into the hands of their tax advisers, who would be well positioned to take advantage of the loopholes that were opened by it."

But Texas Republican Representative Kevin Brady, chairman of the Ways and Means Committee, thinks bypassing Congress is a case of the ends justifying the means.

I think we ought to look at not penalizing Americans for inflation."

President Bush's administration determined in 1992 that the action was illegal. The Justice Department’s Office of Legal Counsel concurred with their conclusion.

Whether the Trump administration reaches the same decision could have a major impact on the economy, the deficit and Republican results at the ballot box on Tuesday, November 6, 2018.

More from People/donald-trump

Francois Arnaud; Miley Cyrus
Kevin Mazur/Getty Images for Critics Choice Association; Taylor Hill/FilmMagic

'Heated Rivalry' Star Has Cheeky Reaction After Miley Cyrus Says She Wants To Do Music For Season 2

The HBO Max series Heated Rivalry is pretty much THE break-out TV hit of the past several months, so no wonder singer Miley Cyrus says she's "so in" on collaborating on season two.

But one of the stars of the show, François Arnaud, doesn't seem so sure it's quite the right fit.

Keep ReadingShow less
Mark Kelly; Pete Hegseth
Jacek Boczarski/Anadolu via Getty Images; Chip Somodevilla/Getty Images

Mark Kelly Rips Pete Hegseth After Pentagon Moves To Cut His Pension And Demote Him Over Video About Illegal Orders

Senator Mark Kelly, who flew combat missions during the Gulf War in the U.S. Navy before being selected as a NASA Space Shuttle pilot, blasted MAGA Republican President Donald Trump's Secretary of Defense, Pete Hegseth, for his part in the latest Trump administration attempt to lash out at their political rivals.

Hegseth previously demanded the Navy provide punishment recommendations to the Pentagon's Office of General Counsel for the retired Captain, who flew 39 combat missions during the Gulf War before going to space four times for NASA.

Keep ReadingShow less
Tucker Carlson Dragged After Offering Truly Bonkers Theory For Why Trump Captured Nicolás Maduro

Tucker Carlson Dragged After Offering Truly Bonkers Theory For Why Trump Captured Nicolás Maduro

Former Fox News host turned far-right podcaster Tucker Carlson raised eyebrows after he claimed that President Donald Trump captured Venezuelan dictator Nicolás Maduro in order to bring same-sex marriage to the people of a country now in a dangerous state of flux after the U.S. invaded.

Weirdly, he claimed “pro-gay forces” were secretly driving regime change, pointing to Nobel Peace Prize recipient and opposition leader María Corina Machado's support for same-sex marriage. He suggested this is proof that "globo homo," his term for progressive liberal elites, are hard at work.

Keep ReadingShow less
Jimmy Kimmel; Donald Trump
Amy Sussman/Getty Images for Critics Choice Association; Win McNamee/Getty Images

Jimmy Kimmel Thanks Trump After Winning Critics Choice Award In A Roast For The Ages

Late-night host Jimmy Kimmel mockingly thanked President Donald Trump when he took home the Critics Choice Award on Sunday for Best Talk Show, suggesting Trump helped him win the honor in part because of 'all the many ridiculous things you do each and every day."

Kimmel's remarks were considerably pointed considering the role Trump played in pulling Kimmel off the air this past autumn.

Keep ReadingShow less
Groom placing wedding ring on bride's finger
Photo by Jeongim Kwon on Unsplash

Married People Explain How Often They Take Their Wedding Ring Off

When two people get married, there's an assumption that others tend to make: that the couple will wear their wedding rings no matter what, and if they don't, it's a sign of a troubled marriage and a lack of commitment.

But there are lots of reasons not to wear wedding rings full-time, from cleanliness to safety to health concerns.

Keep ReadingShow less