capital-gains

Obama to `Spread the Wealth Around’ as Health-Care Bill Imposes New Taxes

March 22, 2010

By Ryan J. Donmoyer March 22 (Bloomberg) — President Barack Obama said on the campaign trail in October 2008 that he wanted to “spread the wealth around.” With Obama on the verge of signing sweeping health-care overhaul legislation, he’s about to do just that. High-income investors would pay higher Medicare taxes, tax breaks for out-of-pocket medical deductions would be curtailed, and it would cost insurance companies more to pay executives millions of dollars. Those levies will help fund expansion of Medicaid services for the poor and subsidize health insurance to cover millions who don’t currently have benefits. “It’s very clear that taxes are levied on the wealthy and the benefits will spread across the entire income distribution, with a lot going to expanded Medicaid distribution and expanding health insurance,” said Roberton Williams , an economist at the Tax Policy Center , a Washington research institute backed by the Urban Institute and Brookings Institution. “One couldn’t claim he didn’t keep that promise” to “spread the wealth around.” In all, the bill would generate $409.2 billion in additional taxes by 2019, according to an analysis by the congressional Joint Committee on Taxation, a nonpartisan agency. The bill also imposes about $69 billion more in penalties for individuals and businesses who don’t meet mandates to buy insurance, according to the Congressional Budget Office , another nonpartisan agency. Higher Medicare Taxes Most of the revenue would come from higher Medicare taxes on about 1 million individuals earning more than $200,000 and about 4 million couples filing jointly who make more than $250,000. The legislation would for the first time apply Medicare taxes to investment income received by these households beginning in 2013. The 3.8 percent rate would apply to unearned income such as realized capital gains, dividends, interest, rents, and royalties. It wouldn’t apply to other income subject to income taxes, including interest from municipal bonds and retirement accounts such as 401(k) plans until funds are withdrawn. Obama’s budget proposes to allow the existing 15 percent tax rate on dividends and capital gains to rise to 20 percent in 2011 for the same high-earners. Layering a 3.8 percent Medicare tax on top of that would mean a new top rate on dividends and capital gains of 23.8 percent. The top tax rates on interest and rental income would rise to as high as about 44 percent, assuming other Obama tax increases on high-earners are enacted. The bill also increases the individual’s share of Medicare tax currently imposed on salaries starting at $200,000 for individuals and $250,000 for couples to 2.35 percent, from 1.45 percent currently. Cost to Couples The combination of the new Medicare taxes and Obama’s budget proposals, if they were in place this year, would cost a married couple with a household income of $5 million an extra $287,100 in taxes, according to analysis by the consulting firm Deloitte Tax in Washington. The Medicare taxes superseded an earlier Senate proposal to tax high-value employer-provided insurance coverage, dubbed “Cadillac plans.” That 40 percent excise tax was delayed until 2018, when it would begin to apply to benefits over $10,200 for individuals and $27,500 for couples. Those thresholds would be indexed to inflation, which grows at a slower pace than the cost of health care, meaning more employers would likely face the levy over time. Other provisions likely to affect higher-income individuals would scale back tax preferences associated with paying out-of- pocket medical expenses. Starting in 2013, Americans under 65 won’t be able to deduct medical expenses until they exceed 10 percent of income, up from 7.5 percent now; retirees would keep the lower threshold. Savings Accounts The bill in 2011 places new restrictions on what can be purchased using special savings accounts funded with pre-tax dollars including health savings accounts. Improper withdrawals from the accounts also would be hit with a new 20 percent tax. And the legislation for the first time would place a $2,500 limit on what can be contributed to employer-sponsored flexible spending accounts, another type of account funded with pre-tax dollars that can be used to pay for medicines, co-payments, and other expenses. Employers currently set their own limits, typically between $3,000 and $5,000 in the absence of a government cap. This change would cost an average worker about $625 in tax savings, according to WageWorks Inc ., a San Mateo, California, company that administers 1.5 million accounts. Tanning Salons Consumers who frequent tanning salons would pay a 10 percent excise tax, and those who buy devices such as wheelchairs would pay a 2.9 percent excise tax. Drugmakers may pass on a $3 billion annual fee. Insurers would be denied deductions for executive pay over $500,000. Under the reconciliation bill, individuals who don’t purchase insurance would be subject to a fine of $325 in 2015 and $695 in 2016. Individuals may be subject to a charge equal to as much as 2.5 percent of their income in 2016, if the total is greater than the flat payment. Employers with 50 or more workers would pay $2,000 per worker if they don’t offer health insurance. The legislation offers a small business tax credit to help pay for employer- provided premiums. To contact the reporters on this story: Ryan J. Donmoyer in Washington at rdonmoyer@bloomberg.net ;

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House Is `Ready to Fight’ to Extend Tax Cuts for Middle Class, Levin Says

March 16, 2010

By Ryan J. Donmoyer March 16 (Bloomberg) — The House Ways and Means Committee will start next month the process of extending former President George W. Bush’s tax cuts that benefit American families earning under $250,000 annually, Representative Sander Levin said. Levin, a Michigan Democrat who is acting chairman of the tax-writing House panel, told reporters today the committee would let lapse lower tax rates for high-earners. “We’re ready to fight over the issue of extending the middle-class tax cuts and not continuing those for very wealthy families,” said Levin. He said he hopes the committee can begin deliberations on the matter when Congress returns the week of April 5 from a spring break. The committee’s plan would retain a top marginal tax rate of 28 percent for individuals who earn less than $200,000 and couples who earn less than $250,000. Those rates are scheduled to expire at the end of this year. The top marginal tax rates for those who earn above those amounts would increase to 36 and 39.6 percent from a current 33 and 35 percent, respectively. Under a proposal by President Barack Obama , people below the income thresholds would continue to pay a top 15 percent rate on capital gains on dividends. That rate would increase to 20 percent for high-earners. Estate Tax Levin also said the committee would begin work to retroactively reinstate a federal tax on multimillion-dollar estates that expired Dec. 31. The legislation would likely seek an extension of a 2009 law, which applied a 45 percent tax rate on the value of estates that exceeded $3.5 million per individual. “The sooner we do it, the better,” Levin said. The lapse of the levy and a complicated capital gains tax that replaced it was making it hard for families to plan their affairs, he said. One possibility being considered, he said, would let heirs choose to pay the capital gains tax that replaced the estate levy if that is more beneficial. “We have to write it so we don’t disrupt estate planning in this country,” he said. The estate tax was replaced Jan. 1 with a capital gains tax that requires heirs pay rates of between 15 percent and 28 percent on any bequeathed assets they sell. Estate planners say the tax is complicated because it applies to all profit since the assets were acquired by their original owners. To contact the reporter on this story: Ryan J. Donmoyer in Washington at rdonmoyer@bloomberg.net

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Levin Says Obama’s Bank Fee `Worth Considering,’ Will Push Buyout Firm Tax

March 5, 2010

By Ryan J. Donmoyer March 5 (Bloomberg) — Representative Sander Levin , the new acting chairman of the House Ways and Means Committee, said imposing a fee on financial firms is “worth considering” and that he intends to press his proposal to boost taxes on executives at private equity firms. Levin, a Michigan Democrat, said in an interview yesterday he’ll convene the committee soon to examine the $90 billion fee plan proposed by President Barack Obama to compensate the government for bailout money provided to American International Group Inc. and other companies through the Troubled Asset Relief Fund. “I think it’s worth considering, but we need to sit down, look at the proposals and study them,” Levin said of the Financial Crisis Responsibility Fee. “The committee hasn’t had a chance to do it, and we will.” The committee already is considering changes to the proposal, such as basing it on a financial institution’s income rather than liabilities, panel spokesman Matthew Beck has said. Levin, 78, took control of the panel yesterday following the March 3 decision by Representative Charles Rangel , a New York Democrat, to step down from the chairmanship, at least for now, amid a House ethics committee investigation of multiple alleged misdoings. Rangel, 79, last week was admonished by the ethics panel for violating the chamber’s gift rules. Levin, who first won his House seat in 1982, ascends to the Ways and Means Committee helm as the panel is pivoting from playing a crucial role on overhauling the health legislation to addressing a series of pressing tax matters. Middle-Class Taxes In addition to considering Obama’s bank fee, the committee is gearing up to debate extending lower tax rates for the middle-class due to expire on Dec. 31, as well as address a two- month lapse in a levy on multimillion-dollar estates. The panel also is preparing to confront the growing reach of the alternative minimum tax, a levy that may surprise some 30 million households with an unexpected bill this year if it isn’t indexed for inflation. His new role also gives Levin new leverage to push a proposal he first floated in 2007 that would end the capital gains tax treatment of carried interests, the incentive-based compensation paid to managing executives at partnerships. Levin’s proposal is aimed at managing partners of private equity firms who typically receive a 20 percent share of a fund’s profits above a predetermined level. The managers currently pay 15 percent capital gains tax on this pay. Ordinary Tax Rates Levin would reclassify the income as wages subject to ordinary tax rates that currently top out at 35 percent. The proposal also would apply to venture capital firms, real estate partnerships and hedge funds that hold long-term investments that appreciate. While the House has adopted the proposal on multiple occasions to help fund tax relief legislation, it has gone nowhere in the Senate. Levin said he’d press his case directly to Senate Finance Committee Chairman Max Baucus , a Montana Democrat who has been reluctant to advance the legislation. “I hope we can have a discussion on that,” Levin said in the interview, adding he tried and failed to reach Baucus yesterday. “And we can take it apart, look at the arguments. My own view is it’s something we need to act on.” ‘Active Chairman’ Levin describes himself as the “active chairman, pending the decision of the ethics committee” on Rangel’s conduct. If Rangel doesn’t return, Levin may face a challenge from Massachusetts Representative Richard Neal next year for the seat, the Boston Globe reported today, citing aides close to Neal it didn’t identify. Levin said the committee will act this year to extend the lower rates for middle-class Americans enacted under President George W. Bush in 2001, citing “broad support” for that among congressional Democrats. In keeping with Obama’s policy, he won’t seek to extend lower rates for high-income families, he said. The committee may turn to addressing the lapsed federal estate tax first, he said. The tax expired Dec. 31, triggering a capital gains tax that applies to inherited assets in excess of $1.3 million when they are sold. The capital gains tax is calculated on a “carryover basis,” meaning it can apply to all appreciation in value since an asset such as a house originally was purchased. Estate Tax These capital gains tax rules are only in force for 2010. Unless Congress acts, the estate tax is scheduled to be reinstated in 2011 with a 55 percent rate applicable to bequeathed assets in excess of $1 million. The House in December backed a 45 percent tax rate on estates that exceed $3.5 million in value for individuals or $7 million for a married couple. Opposing a return of the 55 percent rate in 2011, Senators Jon Kyl , an Arizona Republican, and Senator Blanche Lincoln , an Arkansas Democrat, are pushing an alternative 35 percent tax that exempts the first $5 million of an individual’s estate from tax, or $10 million per couple. “I think the main point is we have to act,” Levin said. “I think this interval is not helpful; people need to be able to plan.” With a soft-spoken style and a solicitous manner, Levin will bring a new tone to a committee that has jurisdiction over tax policy, Social Security, Medicare, welfare and trade. Brother Carl Levin is the older brother of Michigan Senator Carl Levin , a Democrat and chairman of the Senate Armed Services Committee. Sander Levin represents a district in which manufacturers are based and many auto workers reside, and he is closely aligned with unions. Of his 20 top donors since 1989, 15 are labor unions, including the American Federation of State, County and Municipal Employees with $91,250 and the International Brotherhood of Electrical Workers with $90,200, according to the Washington-based Center for Responsive Politics . The top Republican on the Ways and Means panel is also from Michigan: Representative Dave Camp. Camp cited a “long and good working relationship” with Levin in a statement yesterday. One area of potential conflict, Levin’s critics say, is trade. Levin is the former head of the Ways and Means trade subcommittee, and is a leading congressional critic of a pending free-trade agreement with South Korea. While Rangel pushed the Obama administration for a commitment on when it would move another trade accord with Colombia, Levin advocated a more deliberate approach for those pending deals. Trade Agenda “Any glimmer of hope that there was for a trade agenda, just vanished,” Sean Spicer , a trade official in former President George W. Bush’s administration, said in an interview. With Rangel in place “you could always hope to go over Levin and work around him. You can’t go around the chairman.” Rob Leonard , a tax lawyer at the Washington firm Akin Gump Strauss Hauer & Feld LLP who served as chief counsel for the committee several years ago, said Levin’s “trademark” is open and honest debate that gives all views a “fair shake.” “It’s all very much on the level with him,” Leonard said. “He is far from the ‘liberal’ caricature that some may choose to paint — and as a chairman seeking consensus from a very diverse congressional audience, I expect him to be drawn to balanced policy responses to the complex problems that come before the Ways & Means Committee.” To contact the reporter on this story: Ryan J. Donmoyer in Washington at rdonmoyer@bloomberg.net

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Obama Summit May Give Democrats Chance to Jumpstart Health-Care Overhaul

February 24, 2010

By James Rowley and Kristin Jensen Feb. 24 (Bloomberg) — President Barack Obama may be creating the best chance to push through his stalled health- care plan by summoning his political foes to a summit tomorrow. Obama’s invitation to congressional leaders to convene at Blair House, across from the White House, challenges Republicans to provide ideas for overhauling a medical system that accounts for 17 percent of the U.S. economy. It also gives Obama a televised forum to focus on popular parts of a measure that is generally opposed by Americans. Republicans are pushing back against what they see as a political show designed to paint them as obstructionists so Democrats can score points with the public and move on alone. The Democrats’ likely last resort is to use a budget process called reconciliation, which would allow them to circumvent opposition in the Senate, though it may limit the bill’s scope. Democrats “want to make the Republicans look like partisan fools to give them the opportunity to do reconciliation,” said Republican strategist John Feehery . Obama raised the stakes Feb. 22 by releasing what White House Communications Director Dan Pfeiffer called an “opening bid,” a proposal that relies heavily on legislation the Senate passed in December. The plan, which the White House said would cover 31 million uninsured Americans and cost $950 billion over 10 years, includes a tax on unearned income such as capital gains to help fund the bill. The possibility of using reconciliation was “a factor” in drafting the measure, Pfeiffer said. Republicans balked. ‘Obamacare 2.0’ “House Republicans will continue to oppose any effort to use this so-called summit as a media preamble to forcing through Obamacare 2.0,” Indiana Representative Mike Pence , chairman of the House Republican Conference, said yesterday. Passage is far from assured through reconciliation, with a number of Senate Democrats opposing the maneuver, and some House Democrats lukewarm about the idea. Hanging in the balance is legislation that would give insurers such as WellPoint Inc. of Indianapolis and drugmakers including New York-based Pfizer Inc. millions of new customers while requiring them to make concessions. Insurers agreed to new rules; drugmakers would help Medicare patients afford medicines. Obama also supports eliminating an antitrust exemption for insurers, spokesman Robert Gibbs said yesterday. House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid will head a Democratic delegation to the meeting, which starts at 10 a.m. tomorrow; House Minority Leader John Boehner and Senate Minority Leader Mitch McConnell lead the Republicans. It’s His Party The two sides have wrangled over details as small as the shape of the table, originally planned as a U-shape and now set to be rectangular. Obama can’t appear dismissive of Republican ideas after inviting them to seek common ground, said Republican Senator Lisa Murkowski of Alaska. “He’s the man who called the party,” she said. Health and Human Services Secretary Kathleen Sebelius said Obama is “eager” to meet, yet would challenge Republicans. “He wants the Republicans to be honest about what they’re doing,” Sebelius told Bloomberg Television on Feb. 19. “You can’t cover everyone unless there’s some cost connected with that.” One House Republican plan would expand coverage to just 3 million uninsured Americans and cost $61 billion over 10 years, according to the Congressional Budget Office. Senate Republicans have offered no proposal. Massachusetts Vote Democrats were days away from a House-Senate compromise when they lost the 60th vote they needed in the Senate because of a Jan. 19 special election in Massachusetts. Reconciliation would allow passage with a simple majority; Democrats control 59 of the 100 Senate seats. Republicans say that election underscored public disapproval of the overhaul. A Feb. 3-9 Pew Research Center poll found 50 percent of Americans “generally oppose” the legislation, while 38 percent “generally favor” it. Democrats can win converts, said Scott Keeter , Pew’s director of survey research. After the House passed its bill in November, Pew found more support. The numbers also got closer in September after Obama spoke before Congress. “The making of the sausage is a troubling sight,” Keeter said. “Once it’s made, you then have for the people who voted for it at least a pretty strong incentive to unify around it.” Public Appeal Obama can also use the forum to emphasize changes people like. An ABC News/Washington Post poll this month found 80 percent of Americans support the proposal to force insurers to accept customers with pre-existing medical conditions; 72 percent favor a requirement that employers cover workers; and 56 percent back the individual mandate to buy insurance. “Most Americans like various parts of it but have a very negative view of its totality,” said Vic Fazio , a former Democratic congressman from California who’s now a Washington lobbyist with clients that support the health overhaul. With both sides standing fast, agreement at the meeting is unlikely, said David Rohde , a political scientist at Duke University in Durham, North Carolina. Democrats want to avert blame for getting nothing done and Republicans don’t want to give Obama a victory, Rohde said. “That, more than anything else, probably makes the Republicans skittish about getting involved in this,” he said. To contact the reporters on this story: Kristin Jensen in Washington at kjensen@bloomberg.net ; James Rowley in Washington at jarowley@bloomberg.net

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Obama Summit May Give Democrats Chance to Jumpstart Health-Care Overhaul

February 24, 2010

By James Rowley and Kristin Jensen Feb. 24 (Bloomberg) — President Barack Obama may be creating the best chance to push through his stalled health- care plan by summoning his political foes to a summit tomorrow. Obama’s invitation to congressional leaders to convene at Blair House, across from the White House, challenges Republicans to provide ideas for overhauling a medical system that accounts for 17 percent of the U.S. economy. It also gives Obama a televised forum to focus on popular parts of a measure that is generally opposed by Americans. Republicans are pushing back against what they see as a political show designed to paint them as obstructionists so Democrats can score points with the public and move on alone. The Democrats’ likely last resort is to use a budget process called reconciliation, which would allow them to circumvent opposition in the Senate, though it may limit the bill’s scope. Democrats “want to make the Republicans look like partisan fools to give them the opportunity to do reconciliation,” said Republican strategist John Feehery . Obama raised the stakes Feb. 22 by releasing what White House Communications Director Dan Pfeiffer called an “opening bid,” a proposal that relies heavily on legislation the Senate passed in December. The plan, which the White House said would cover 31 million uninsured Americans and cost $950 billion over 10 years, includes a tax on unearned income such as capital gains to help fund the bill. The possibility of using reconciliation was “a factor” in drafting the measure, Pfeiffer said. Republicans balked. ‘Obamacare 2.0’ “House Republicans will continue to oppose any effort to use this so-called summit as a media preamble to forcing through Obamacare 2.0,” Indiana Representative Mike Pence , chairman of the House Republican Conference, said yesterday. Passage is far from assured through reconciliation, with a number of Senate Democrats opposing the maneuver, and some House Democrats lukewarm about the idea. Hanging in the balance is legislation that would give insurers such as WellPoint Inc. of Indianapolis and drugmakers including New York-based Pfizer Inc. millions of new customers while requiring them to make concessions. Insurers agreed to new rules; drugmakers would help Medicare patients afford medicines. Obama also supports eliminating an antitrust exemption for insurers, spokesman Robert Gibbs said yesterday. House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid will head a Democratic delegation to the meeting, which starts at 10 a.m. tomorrow; House Minority Leader John Boehner and Senate Minority Leader Mitch McConnell lead the Republicans. It’s His Party The two sides have wrangled over details as small as the shape of the table, originally planned as a U-shape and now set to be rectangular. Obama can’t appear dismissive of Republican ideas after inviting them to seek common ground, said Republican Senator Lisa Murkowski of Alaska. “He’s the man who called the party,” she said. Health and Human Services Secretary Kathleen Sebelius said Obama is “eager” to meet, yet would challenge Republicans. “He wants the Republicans to be honest about what they’re doing,” Sebelius told Bloomberg Television on Feb. 19. “You can’t cover everyone unless there’s some cost connected with that.” One House Republican plan would expand coverage to just 3 million uninsured Americans and cost $61 billion over 10 years, according to the Congressional Budget Office. Senate Republicans have offered no proposal. Massachusetts Vote Democrats were days away from a House-Senate compromise when they lost the 60th vote they needed in the Senate because of a Jan. 19 special election in Massachusetts. Reconciliation would allow passage with a simple majority; Democrats control 59 of the 100 Senate seats. Republicans say that election underscored public disapproval of the overhaul. A Feb. 3-9 Pew Research Center poll found 50 percent of Americans “generally oppose” the legislation, while 38 percent “generally favor” it. Democrats can win converts, said Scott Keeter , Pew’s director of survey research. After the House passed its bill in November, Pew found more support. The numbers also got closer in September after Obama spoke before Congress. “The making of the sausage is a troubling sight,” Keeter said. “Once it’s made, you then have for the people who voted for it at least a pretty strong incentive to unify around it.” Public Appeal Obama can also use the forum to emphasize changes people like. An ABC News/Washington Post poll this month found 80 percent of Americans support the proposal to force insurers to accept customers with pre-existing medical conditions; 72 percent favor a requirement that employers cover workers; and 56 percent back the individual mandate to buy insurance. “Most Americans like various parts of it but have a very negative view of its totality,” said Vic Fazio , a former Democratic congressman from California who’s now a Washington lobbyist with clients that support the health overhaul. With both sides standing fast, agreement at the meeting is unlikely, said David Rohde , a political scientist at Duke University in Durham, North Carolina. Democrats want to avert blame for getting nothing done and Republicans don’t want to give Obama a victory, Rohde said. “That, more than anything else, probably makes the Republicans skittish about getting involved in this,” he said. To contact the reporters on this story: Kristin Jensen in Washington at kjensen@bloomberg.net ; James Rowley in Washington at jarowley@bloomberg.net

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Lloyd Chapman: Obama’s Exemption from Capital Gains Tax Will Benefit Investors More than Small Businesses

February 12, 2010

President Barack Obama has stated he will back an exemption from capital gains tax for small businesses. He has also stated he will support an exemption from capital gains tax on investments in small business. You can be sure any exemption from capital gains tax for small businesses or for investments in small businesses will be written to benefit the wealthy venture capitalists that backed his campaign, as opposed to struggling small businesses. Currently, the average small business owner only needs to pay capital gains tax when they sell their business. That said, how is an exemption from capital gains tax going to create jobs? The answer is, it won’t. An exemption from capital gains tax on, “investments in small businesses,” would be a huge benefit for the venture capitalists that have contributed millions of dollars to President Obama’s campaign. That is why he has appointed several prominent venture capitalists, like Small Business Administration (SBA) Administrator Karen Mills, to key government positions. The National Venture Capital Association (NVCA) and its members have been lobbying for an exemption from capital gains tax for years. The NVCA and its members have contributed millions of dollars to President Obama and key leaders in Congress. They have consistently lobbied for a two-phase change in federal law that will allow them to participate, and conceivably dominate, the government’s $150 billion a year small business contracting programs. Phase one for venture capitalists is to push legislation that will change the 57-year-old definition of a small business in the Small Business Act as being “independently owned.” Venture capitalists want the definition changed to include firms that are majority owned or controlled by investors. They have been successful in having bills introduced into to Congress, H.R. 3567 and H.R. 2965, with that goal in mind. Phase two is the exemption from capital gains tax “ON INVESTMENTS IN SMALL BUSINESS.” With the capital gains tax exemption in place, wealthy investors will be able to start or inexpensively acquire small businesses. Their well-financed pseudo-small businesses will be able to easily take on legitimate small businesses competing for federal small business contracts. When the profits are withdrawn from a successful enterprise, it will be in the form of tax-free capital gains. Billions of dollars a year in federal contracts earmarked for small businesses will be diverted to firms owned or controlled by some of the nation’s wealthiest investors. Thousands of legitimate small business will be forced to close their doors and countless jobs will be lost. I don’t think President Obama gives a damn about small businesses. If you look at what he actually does about issues facing small businesses, he appears to be anti-small business. Small businesses create over 97 percent of all net new jobs in America, and yet the Obama Administration allocated only 2 percent of the American Recovery and Reinvestment Act (ARRA) funds to small businesses. Need more proof that Obama is anti-small business? Since 2003, twenty-five federal investigations have found billions of dollars a month in federal small business contracts are diverted to Fortune 500 firms. During his campaign, President Obama promised to end these rampant abuses. In February of 2008, he released the statement, “It is time to end the diversion of federal small business contracts to corporate giants.” ( http://www.barackobama.com/2008/02/26/the_american_small_business_le.php ) To date, President Obama has failed to honor his promise. The most recent government contracting data shows the Obama Administration itself has diverted billions of dollars in federal small business contracts to Fortune 500 firms. I would imagine 100 percent of middle class Americans would agree that firms like Lockheed Martin, Boeing, Bechtel, Northrop Grumman and General Dynamics should not be receiving federal small business contracts. If President Obama were sincerely interested in helping small businesses, he would back legislation or issue an executive order halting the diversion of over $100 billion a year in federal small business contracts to corporate giants. Look at the facts. President Obama has allocated only 2 percent of his administration’s stimulus funds to small businesses. Every day of the Obama Administration hundreds of millions of dollars in federal small business contracts have been diverted to corporate giants. Does that sound like a pro-small business President to you? My predictions. President Obama will continue to read speeches about helping small businesses while continuing to divert over $400 million a day in federal small business funds to some of the largest companies in the world. He will back an exemption form capital gains tax on “investments” in small businesses, which will be written to benefit his billionaire venture capitalist buddies. The scariest prediction is that President Obama will bankrupt thousands of legitimate American small businesses by backing a change in the federal definition of a small business as being “independently owned” to include firms that are actually owned or controlled by some of the wealthiest investors in the country. Finally, the most frightening thing about all of this is that President Obama will get away with everything because the mainstream media has refused to cover it.

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Obama’s Pyramid Schemes Would Make Keynes Happy: Caroline Baum

February 2, 2010

Commentary by Caroline Baum Feb. 3 (Bloomberg) — Jobs, jobs, jobs. Meet the new mantra, same as the old mantra. No longer will President Barack Obama be content to cite specious numbers about “jobs saved or created” as a result of last year’s $787 billion fiscal stimulus. Now he’s proposing $100 billion of new spending to “jumpstart job creation,” according to White House Budget Director Peter Orszag . It’s part of a $3.8 trillion budget for fiscal 2011, unveiled Monday, that projects a $1.3 trillion deficit next year, following a $1.6 trillion deficit this year. Spend money to save money. Spending dressed up as a jump- starter is still spending by another name. The only thing missing from the energy-cleansing, rural- community-assisting, climate-change-mitigating, health-food- promoting blueprint is money for pyramid building. In Chapter 10, Section VI of “The General Theory of Employment, Interest, and Money,” John Maynard Keynes advocated building pyramids as a cure for unemployment . In fact, “Two pyramids, two masses for the dead, are twice as good as one,” he wrote in his 1936 treatise. There are no masses for the dead in the president’s 2011 budget, only a few dead programs in the discretionary budget. It’s the part of the budget on automatic pilot — entitlement spending on Medicare and Social Security and interest on the public debt — that has to be addressed if restoring fiscal discipline is the goal. Incentive to Cheat The budget’s job-creation initiatives include funds for infrastructure investment; loan guarantees and tax credits for small businesses to spur hiring; cash assistance to states; and an extension in unemployment benefits, which is a disincentive for job seekers . While the nation can always use better roads and bridges, a tax cut for new hires, which is popular with both parties, is more problematic and hard to implement, according to Greg Mankiw , professor of economics at Harvard University and former economic adviser to President George W. Bush . How do you differentiate between employment churning — firing Peter to hire Paul — and a new hire? How do you treat new firms? In an October blog post, Mankiw proposed a cut in the payroll tax, something simple and universal rather than complex and targeted. Any attempt to apply more favorable tax treatment to marginal jobs than existing ones “creates a range of unintended consequences,” he said, not to mention an incentive to game the system. Tax Treatment The budget increases taxes on the rich, living and dead, by allowing the Bush tax cuts to expire at the end of the year. It eliminates capital gains taxes for investments in small firms and raises income, dividend and capital gains tax rates for individuals earning more than $200,000 a year, $250,000 for households. It imposes fees on big banks. (For some reason, the Treasury Department listed the tax cuts as bullet points under job creation and stashed tax increases under fiscal discipline and responsibility.) In bad times, presidents let themselves be seduced by the Keynesian notion that government can tax or borrow from the public and use that money to pay people to perform work of its choosing without sacrificing something. (See Friedman, Milton: “There is no free lunch.”) The sacrifice is private-sector investment in human and physical capital. If you accept the premise that the profit- driven private sector is better than bureaucrats at delivering the goods and services people want at the prices they’re willing to pay, then the trade-off isn’t worth it. Flawed Metrics How well do government stimulus programs work? Outside of some econometric model prediction, we don’t know. It’s impossible to run a real-world control experiment. We do know that on Feb. 13, 2009, Congress passed the American Recovery and Reinvestment Act. While the Obama administration insists it was not a jobs bill, the first goal , according to the Recovery.gov Web site, was to “create new jobs as well as save existing ones.” Thus began the “jobs created or saved” imbroglio, an attempt to quantify something unquantifiable. On Oct. 30, the Obama administration reported that 640,329 jobs had been created or saved from Feb. 17 to Sept. 30. (The Web site has since added 20 jobs to that total.) Watchdog groups smelled a rat, sifted through the data and found jobs that weren’t created in districts that didn’t exist. Shamed by revelations of bureaucratic ineptitude, the government redefined its metric. Going forward, it would tally all jobs funded by ARRA, even if they already existed. Pay Without Performance On Jan. 30, Recovery.gov posted a second report claiming 599,108 jobs were funded in the fourth quarter of last year. While the numbers from the two reporting periods aren’t comparable, the measures are so flawed and the job count so farfetched as to render them close enough for government work, and our purposes as well. Between Feb. 17 and Dec. 31, the government doled out $57,864,901,449 in federal contract, grant and loan awards yielding 1,239,457 jobs (no inexact rounding for this administration!). That computes to $46,686 per job created, saved, funded or fabricated. Why not simply write a check in that amount to each new job holder? It would be a lot easier and cheaper than funding a bureaucracy to orchestrate the effort. OK, I hear you. A job is more than the money it yields. It gives us a sense of purpose, improves our self-esteem and provides a reason to get up in the morning. The point is, government can always put people to work. It can hire teams of men with shovels to labor for weeks doing the work one earth-moving machine and operator can accomplish in one day. The goal is to create permanent jobs, increase productivity and contribute to the wealth of the nation. Pyramids don’t cut it. But they’re a good place to bury dead theories. ( Caroline Baum , author of “Just What I Said,” is a Bloomberg News columnist. The opinions expressed are her own.) Click on “Send Comment” in sidebar display to send a letter to the editor. To contact the writer of this column: Caroline Baum in New York at cabaum@bloomberg.net .

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Obama Sends Congress $3.8 Trillion Budget Proposal Focused on Job Creation

February 1, 2010

By Roger Runningen and Brian Faler Feb. 1 (Bloomberg) — President Barack Obama’s $3.8 trillion fiscal 2011 budget puts an emphasis on job creation with $100 billion in additional stimulus spending, along with higher taxes for the wealthy in an attempt to narrow the deficit. The spending blueprint forecasts this year’s budget shortfall will hit a record $1.6 trillion, following a $1.4 trillion deficit in 2009. The 2011 deficit, for the fiscal year that starts Oct. 1, is predicted to be $1.3 trillion, with deficits remaining above $700 billion for the rest of the decade, according to the projections. The president spelled out plans to offset spending by more than $1.2 trillion over 10 years, partly through a freeze on many domestic programs and by imposing more than $800 billion in higher taxes and fees on those earning more than $250,000, on banks that benefited from the financial industry bailout and by repealing tax breaks for the oil, gas and coal industries. The budget reflects “the serious challenges facing the country” and seeks to take the steps needed to turn the country back from “a decade of profligacy,” Obama said in remarks at the White House. The deficit projections reflect the effects of the recession and policies over the past 10 years, including tax cuts for the wealthy, the cost of two wars and new benefit programs that weren’t paid for by Congress and the previous administration, Obama said. Jobs and Deficit The plan for the fiscal year that begins Oct. 1 reflects the administration’s struggle to boost the economy and job growth — both top concerns of voters — while tightening the government’s belt to reduce deficits in the years ahead. It is subject to approval — and modification — by Congress. In his message to Congress included with the budget, Obama called job creation “an urgent priority” with the unemployment rate expected to average 10 percent through this year. “We’re trying to accomplish a soft landing in terms of our fiscal trajectory,” Peter Orszag , director of the White House Office of Management and Budget, said in a briefing. An economic outlook released by the White House shows the U.S. economy will grow 2.7 percent this year and 3.8 percent next year. The unemployment rate will average 10 percent in 2010, declining to 9.2 percent next year, suggesting the administration expects employers will be slow to add workers. The jobless rate won’t dip below 6 percent until 2015, the forecast showed. Inflation is forecast to be 1.9 percent this year, declining to 1.5 percent next year. Deficit Goals The deficit forecast for the current year represents 10.6 percent of the U.S. gross domestic product, making it the biggest by that measure since World War II, according to administration figures. The White House goal has been to reduce the deficit to about 3 percent of GDP, which most economists say is sustainable. The budget, though, predicts it’ll average 4.5 percent over 10 years. “The economic conditions were much worse” than thought when Obama became president on Jan. 20, 2009, Orszag said in a Bloomberg Television interview. To address the shortfall, the administration wants to impose a three-year freeze in “discretionary” spending outside of defense and security. The freeze won’t be across-the-board. Some programs, such as education and research and development, would get as much as 6 percent budget increases. Nine federal departments, including Agriculture, Commerce and Health and Human Services, would see their budgets shrink. Future Debt Obama’s plan also calls for creating a special debt commission to recommend steps to cut the deficit and tougher budgeting rules in Congress. The result would be a deficit that declines next year to $1.27 trillion and to $828 billion in 2012, according to a summary provided by the administration. In subsequent years, though 2020, the annual deficit would still total between $700 billion and $1 trillion. By 2020, the publicly held debt would approximately double to $18.5 trillion, according to estimates. Interest costs on the federal debt, reflecting the surge in spending for wars, tax cuts and the impact of the recession, will quadruple to more than $800 billion by 2020, budget figures showed. Orszag said the administration intends to slowly phase in its deficit-reduction plans, saying cutting too much too soon might stifle the economic recovery. ‘Selective’ Approach “The worst thing we could do is act too quickly and throw the economy back into recession,” Orszag said. “But we do need to be starting, and so that’s why you see this selective approach where we are beginning the process in certain components of the budget.” The plan calls for extending several elements of last year’s economic stimulus as part of either a new jobs package or through subsequent legislation. It proposes spending $61 billion to extend for one year the administration’s “Making Work Pay” tax credit, which provided $400 to individuals and $800 to couples. It is set to expire this year. Obama proposes to make permanent the Build America Bonds program, in which the federal government subsidizes infrastructure projects by picking up the tab for 35 percent of the interest costs from taxable bonds issued by local governments. It calls for reducing that subsidy to 28 percent. The budget would also spend $25 billion to provide state governments with six additional months of help paying their Medicaid bills. Higher Taxes The bulk of the higher taxes would come by allowing tax cuts passed under former President George W. Bush for those earning more than $250,000 to lapse at the end of this year. That would raise $678 billion, according to the administration. Top tax rates would increase to 36 percent and 39.6 percent, from the current 33 percent and 35 percent. The tax on capital gains and dividends would rise to 20 percent from 15 percent now, beginning Jan. 1, and there would be limits on the wealthy taking itemized deductions. A fee imposed on 50 of the biggest financial firms such as JPMorgan Chase & Co. and Bank of America Corp. would raise another $90 billion. Eliminating tax breaks for fossil-fuel industries would produce another $40 billion. The administration also proposes raising $24 billion by increasing taxes on income earned by private equity and venture capital firms. Spending Freeze Freezing some domestic programs for three years and then holding it at the rate of inflation for the rest of the next decade would save $250 billion, the administration estimates. That would represent an abrupt shift in priorities. Non- defense discretionary spending is projected to grow this year by 7 percent not including the costs of last year’s stimulus package, according to the CBO. The increase totals 17 percent once the stimulus package is included, according to CBO estimates. The administration’s plan also calls for 120 program terminations, reductions and other savings it estimates would save $20 billion. It would provide $33 billion in “emergency” funding this year to help pay for the administration’s troop buildup in Afghanistan. Next year, war costs would amount to $159.3 billion. The basic defense budget would amount to $549 billion, a 3.4 increase from this year. The Department of Homeland Security would get a 2 percent increase, veterans programs would get a 7 percent budget increase and the State Department and other international programs would see a 8 percent hike. The budget has more than doubled from $1.9 trillion in 2001, according the OMB’s historical data. To contact the reporters on this story: Roger Runningen in Washington at rrunningen@bloomberg.net ; Brian Faler in Washington at bfaler@bloomberg.net .

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Obama Proposes $3.8 Trillion Budget Focused on Jobs

February 1, 2010

By Roger Runningen and Brian Faler Feb. 1 (Bloomberg) — President Barack Obama’s $3.8 trillion fiscal 2011 budget puts an emphasis on job creation with $100 billion in additional stimulus spending, along with higher taxes for the wealthy in an attempt to narrow the deficit. The spending blueprint forecasts this year’s budget shortfall will hit a record $1.6 trillion, following a $1.4 trillion deficit in 2009. The 2011 deficit, for the fiscal year that starts Oct. 1, is predicted to be $1.3 trillion, with deficits remaining above $700 billion for the rest of the decade, according to the projections. The president spelled out plans to offset spending by more than $1.2 trillion over 10 years, partly through a freeze on many domestic programs and by imposing more than $800 billion in higher taxes and fees on those earning more than $250,000, on banks that benefited from the financial industry bailout and by repealing tax breaks for the oil, gas and coal industries. The budget reflects “the serious challenges facing the country” and seeks to take the steps needed to turn the country back from “a decade of profligacy,” Obama said in remarks at the White House. The deficit projections reflect the effects of the recession and policies over the past 10 years, including tax cuts for the wealthy, the cost of two wars and new benefit programs that weren’t paid for by Congress and the previous administration, Obama said. Jobs and Deficit The plan for the fiscal year that begins Oct. 1 reflects the administration’s struggle to boost the economy and job growth — both top concerns of voters — while tightening the government’s belt to reduce deficits in the years ahead. It is subject to approval — and modification — by Congress. In his message to Congress included with the budget, Obama called job creation “an urgent priority” with the unemployment rate expected to average 10 percent through this year. “We’re trying to accomplish a soft landing in terms of our fiscal trajectory,” Peter Orszag , director of the White House Office of Management and Budget, said in a briefing. An economic outlook released by the White House shows the U.S. economy will grow 2.7 percent this year and 3.8 percent next year. The unemployment rate will average 10 percent in 2010, declining to 9.2 percent next year, suggesting the administration expects employers will be slow to add workers. The jobless rate won’t dip below 6 percent until 2015, the forecast showed. Inflation is forecast to be 1.9 percent this year, declining to 1.5 percent next year. Deficit Goals The deficit forecast for the current year represents 10.6 percent of the U.S. gross domestic product, making it the biggest by that measure since World War II, according to administration figures. The White House goal has been to reduce the deficit to about 3 percent of GDP, which most economists say is sustainable. The budget, though, predicts it’ll average 4.5 percent over 10 years. “The economic conditions were much worse” than thought when Obama became president on Jan. 20, 2009, Orszag said in a Bloomberg Television interview. To address the shortfall, the administration wants to impose a three-year freeze in “discretionary” spending outside of defense and security. The freeze won’t be across-the-board. Some programs, such as education and research and development, would get as much as 6 percent budget increases. Nine federal departments, including Agriculture, Commerce and Health and Human Services, would see their budgets shrink. Future Debt Obama’s plan also calls for creating a special debt commission to recommend steps to cut the deficit and tougher budgeting rules in Congress. The result would be a deficit that declines next year to $1.27 trillion and to $828 billion in 2012, according to a summary provided by the administration. In subsequent years, though 2020, the annual deficit would still total between $700 billion and $1 trillion. By 2020, the publicly held debt would approximately double to $18.5 trillion, according to estimates. Interest costs on the federal debt, reflecting the surge in spending for wars, tax cuts and the impact of the recession, will quadruple to more than $800 billion by 2020, budget figures showed. Orszag said the administration intends to slowly phase in its deficit-reduction plans, saying cutting too much too soon might stifle the economic recovery. ‘Selective’ Approach “The worst thing we could do is act too quickly and throw the economy back into recession,” Orszag said. “But we do need to be starting, and so that’s why you see this selective approach where we are beginning the process in certain components of the budget.” The plan calls for extending several elements of last year’s economic stimulus as part of either a new jobs package or through subsequent legislation. It proposes spending $61 billion to extend for one year the administration’s “Making Work Pay” tax credit, which provided $400 to individuals and $800 to couples. It is set to expire this year. Obama proposes to make permanent the Build America Bonds program, in which the federal government subsidizes infrastructure projects by picking up the tab for 35 percent of the interest costs from taxable bonds issued by local governments. It calls for reducing that subsidy to 28 percent. The budget would also spend $25 billion to provide state governments with six additional months of help paying their Medicaid bills. Higher Taxes The bulk of the higher taxes would come by allowing tax cuts passed under former President George W. Bush for those earning more than $250,000 to lapse at the end of this year. That would raise $678 billion, according to the administration. Top tax rates would increase to 36 percent and 39.6 percent, from the current 33 percent and 35 percent. The tax on capital gains and dividends would rise to 20 percent from 15 percent now, beginning Jan. 1, and there would be limits on the wealthy taking itemized deductions. A fee imposed on 50 of the biggest financial firms such as JPMorgan Chase & Co. and Bank of America Corp. would raise another $90 billion. Eliminating tax breaks for fossil-fuel industries would produce another $40 billion. The administration also proposes raising $24 billion by increasing taxes on income earned by private equity and venture capital firms. Spending Freeze Freezing some domestic programs for three years and then holding it at the rate of inflation for the rest of the next decade would save $250 billion, the administration estimates. That would represent an abrupt shift in priorities. Non- defense discretionary spending is projected to grow this year by 7 percent not including the costs of last year’s stimulus package, according to the CBO. The increase totals 17 percent once the stimulus package is included, according to CBO estimates. The administration’s plan also calls for 120 program terminations, reductions and other savings it estimates would save $20 billion. It would provide $33 billion in “emergency” funding this year to help pay for the administration’s troop buildup in Afghanistan. Next year, war costs would amount to $159.3 billion. The basic defense budget would amount to $549 billion, a 3.4 increase from this year. The Department of Homeland Security would get a 2 percent increase, veterans programs would get a 7 percent budget increase and the State Department and other international programs would see a 8 percent hike. The budget has more than doubled from $1.9 trillion in 2001, according the OMB’s historical data. To contact the reporters on this story: Roger Runningen in Washington at rrunningen@bloomberg.net ; Brian Faler in Washington at bfaler@bloomberg.net .

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Davos Is Closest Most London Bankers Will Get to Swiss Move Post Bonus Tax

January 28, 2010

By Dylan Griffiths and Warren Giles Jan. 28 (Bloomberg) — Toscafund Asset Management LLP decided to stay in London last year after looking at Geneva, Dubai and the Channel Islands as the U.K. increased taxes on high earners. Prime Minister Gordon Brown ’s one-time, 50 percent levy on bankers’ bonuses hasn’t changed that stance. “I’m a victim of high taxes, but I’m a realist and the grass isn’t greener,” said Savvas Savouri , who runs the Metriks hedge fund at Tosca , which has about $4.5 billion under management. “In terms of physical infrastructure, London is unparalleled.” While U.K. bankers may grumble about rising taxes when they join peers this week at the World Economic Forum in Davos, Switzerland, few are likely to return as permanent residents. The new taxes don’t undercut London’s importance as a global financial center or the lure of its theaters, museums and restaurants, Savouri said. Financial professionals who consider moving will find a shortage of housing and spaces in international schools, according to Swiss real estate agents. While some hedge funds and private equity firms will relocate because they are convinced tax increases show the U.K. is becoming less welcoming to the finance industry, the cost of moving is prohibitive for banks and other large firms, said Kevin Rex , who advises wealthy people on financial decisions, including where to base their companies. “If you’re looking to be in a hub as a financial professional to earn money, then you can’t get much better than London,” said Rex, a partner at Summit Financial Resources Inc. in Parsippany, New Jersey. “And the quality of life is good. Some clients say it’s a civilized version of New York.” Jobs Exodus Forecast Chancellor Alistair Darling ’s Dec. 9 announcement that the U.K. would impose a supertax on banks paying bonuses of more than 25,000 pounds ($41,000) triggered criticism from the financial industry and headlines about an exodus of jobs. London Mayor Boris Johnson , a member of the opposition Conservative Party, said Jan. 11 that as many as 9,000 bankers may leave London. There were 201,000 financial jobs in London in 2007, according to International Financial Services London, which promotes the U.K. finance industry. HSBC Holdings Plc Chief Executive Officer Michael Geoghegan told Sky News that higher taxes are hurting London as a financial center. The bonus levy comes as the U.K. raises its top income tax rate to 50 percent and rescinds tax breaks for foreigners who live in the U.K. “I know a large number of bankers are moving out of the U.K.,” Geoghegan said. “They can move because they have opportunities in Switzerland and other places to set up their business.” ‘Lot of Hype’ There is no sign of a big increase in financial professionals moving to Switzerland, said Judith Wuarin, who founded a relocation firm in Geneva eight years ago. “I’m reading that hundreds of people are coming, but like bird flu there’s a lot of hype,” she said. Threats of large-scale departures aren’t credible, and London’s financial industry will probably create at least 100,000 jobs in the next decade, said Savouri, 43. London’s appeal is underlined by the presence of the world’s largest markets for insurance, reinsurance, foreign exchange, international bond trading and non-ferrous metals, as well as being the center of half of Europe’s investment banking activity, he said in a Jan. 13 report. ‘Mono-Cultural Cities’ The lure of London extends to its theaters and the world’s richest soccer league, said Savouri, who supports Arsenal, currently second in the English Premier League. His team is set to attract more than 60,000 supporters to its north London stadium when Manchester United visits later this week. Geneva’s Servette FC, 13th in the Swiss second division, has attracted an average of 3,100 spectators this season. “From its top flight football clubs, wide range of restaurants and theaters, and large expatriate communities, London is attractive to individuals in a way that more mono- cultural cities such as Paris, Geneva and Hong Kong will never be able to match,” Savouri said. That hasn’t deterred everyone. Eight London hedge funds decided in December to relocate to Switzerland, with more showing interest this month, said David Butler , one of the founders of Kinetic Partners LLP, which advises hedge funds on relocation. He expects London to lose as many as 1,300 people, or 20 percent of its hedge fund industry, to Switzerland, with 800 of those opting for Geneva. “There are enough managers in Geneva to make it a worthwhile club,” Butler said. “Some people love it and some people hate it, but all the guys I’ve moved over are still here.” BlueCrest Eyes Geneva BlueCrest Capital Management Ltd., a London-based hedge fund firm that oversees about $15.4 billion, plans to open a Geneva office because of the U.K.’s new 50 percent tax rate. As many as 50 people may move to Switzerland, BlueCrest Chief Financial Officer Andrew Dodd said in an interview. Each Swiss canton sets its own income tax rates, with Geneva’s top rate at 44 percent and Zurich at 40.3 percent, according to Swiss law firm FBT. The absence of a capital gains tax makes Switzerland attractive to hedge fund managers who invest in their own products, said John Melsom , a partner at Tiresias Capital , which has about $540 million under management. That made Geneva both a financial and lifestyle choice when he left London in 2008. “I’m a very keen skier, and it’s a less punitive jurisdiction generally,” said Melsom, 30, who is renting a chalet in Morzine, across the border in France, this winter. “For big houses on the lake and apartments in the center of Geneva, it’s very expensive, but it was still worth it.” ‘A Bit Boring’ Zurich and Geneva placed in the top three for quality of living in a survey of 215 cities published by Mercer Consulting in April, with London ranked 38th. Those rankings, based on 39 measures such as political stability, crime, personal freedom, health and sanitation, don’t tell the whole story, Rex said. “Even though Switzerland has a reputation for being a serene, peaceful place, it also has a reputation for being a bit boring and that is a particular concern for spouses,” he said. “A lot of financial professionals work such long hours that the family member that really deals with the city and makes the dinner reservations is the spouse.” Rosetta Stone With a population 40 times larger than Geneva, scale is part of London’s draw. While the Art & History Museum is one of Geneva’s most popular attractions, it drew 206,820 visitors in 2008 compared with 5.93 million at the British Museum , home to the Rosetta Stone and Elgin Marbles, according to the museums. Schools are the “biggest headache” for families relocating to Geneva, said Wuarin, who founded the relocation company. At the International School of Geneva , where fees can total 28,000 francs ($26,740) a year, applications for next September are almost double the number of likely vacancies. Keir Ashton, chief legal officer for Europe and the Black Sea at Louis Dreyfus & Cie.’s commodities trading business in Geneva, said he has already put his two-year-old son on the waiting lists for all of the canton’s international schools after moving from New York 18 months ago. Geneva’s vacancy rate of 0.21 percent, less than a tenth of London’s, means that housing is also an issue for those settling in the canton . The median price of a four-bedroom house in Geneva was 1.62 million francs ($1.56 million) in the third quarter, 22 percent more than the average property price in Kensington and Chelsea, London’s most expensive borough. James Persse advises rich Britons who are considering relocating in his capacity as managing director for the U.K. and Ireland at Barclays Wealth in Switzerland. “We always ask, ‘When can we meet your wife?’ because nine-times out of 10 it’s a family decision,” Persse said. “You need to be prepared to speak a little French and get involved in the local culture. But we also tell people, if you prefer sun and fast living to snow and lakes there are plenty of other low-tax choices with better weather.” To contact the reporter on this story: Dylan Griffiths in Geneva at dgriffiths1@bloomberg.net Warren Giles in Geneva at wgiles@bloomberg.net

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U.K. Bankers Surrender on Darling Bonus Levy as Income Tax Increase Looms

January 13, 2010

By Andrew MacAskill, Ambereen Choudhury and Ben Martin Jan. 13 (Bloomberg) — Banks in the U.K. will pay the one- time, 50 percent tax on bonuses levied by the Treasury rather than reduce compensation, according to accountants and lawyers who advise financial institutions. Bankers who face increased income taxes on those payouts may not be so accommodating. Attention is shifting to how to minimize the effects of a personal income tax rise for high earners to 50 percent from 40 percent, which goes into effect in April, the accountants and lawyers said. One key strategy: Seeking more compensation in deferred stock, a form of pay classified as a capital gain and taxed at 18 percent in the U.K. “Inevitably, people are going to be pressed toward capital gains tax schemes, there’s no doubt about that,” said Nicholas Stretch, a tax lawyer at London-based law firm CMS Cameron McKenna. “We’re seeing greater interest from clients.” The levy on bonuses of more than 25,000 pounds ($40,300) and the increase in taxes on individuals earning more than 150,000 pounds a year mark efforts by the ruling Labour Party, facing an election to be held by June, to tap into popular anger over the 1 trillion-pound cost of bailing out U.K. banks during the financial crisis. Chancellor of the Exchequer Alistair Darling announced the tax on bankers’ bonuses last month. He said he introduced the measure, which covers payouts in cash and deferred stock, to encourage banks to build up capital, not raise revenue. Dimon’s Protest It may do the opposite. The Treasury, which initially said the tax would raise 550 million pounds, now estimates it may net as much as 2 billion pounds as banks opt to pay the tax rather than reduce bonuses, according to a government official who declined to be identified. U.K. banks are going to pay up because the legislation is tightly drawn and Treasury has been unwilling to negotiate, the accountants and lawyers said. An appeal to Darling last month from Jamie Dimon , JPMorgan Chase & Co.’s chief executive officer, made no difference. “People will be looking at the bonus tax and turning around and saying is there anything that we can do?” said Dominic Stuttaford, a partner at law firm Norton Rose LLP in London, which specializes in advising financial firms. “A lot of them will just say, with a very loud expletive: ‘Sorry, we’ve got to pay it.’” Representatives of Bank of America Corp. , Morgan Stanley and Citigroup Inc. said the banks hadn’t made a decision on how to deal with the tax. Barclays Plc, Royal Bank of Scotland Group Plc , HSBC Holdings Plc, JPMorgan , Credit Suisse Group AG and UBS AG declined to comment. ‘On The Chin’ There’s little appetite among the banks to circumvent the bonus tax because the legislation is rigorously drafted, said Sylvie Watts , a compensation lawyer at London-based Allen & Overy LLP. Banks also run the risk of negative publicity if they are caught trying to evade it, she said. “There aren’t many ways around it,” she said. Bankers “are just taking it on the chin.” That leaves banks such as Barclays and RBS, whose compensation committees are preparing to meet this month, with a choice if they pay the bonuses and the tax. They either risk the wrath of shareholders, who will receive a smaller slice of profits, or anger staff outside the U.K. by reducing the global bonus pool, or both, if they split the cost. “In principle, we can’t support the idea that the shareholders should pick up the bill,” said Peter Montagnon , director of investment affairs at the Association of British Insurers, whose members control about a fifth of the U.K. stock market, including banking stocks . Investors will have to consider whether to support the bank’s decision to add the cost of the tax to the wage bill on a case-by-case basis, he said. George Osborne Darling’s bonus tax, backed by Prime Minister Gordon Brown , has helped the Labour Party narrow the lead over the opposition Conservative Party in opinion polls. George Osborne, the lawmaker in line to become chancellor if the Conservatives win the election, has supported limits on cash bonuses and hasn’t ruled out extending the tax. London Mayor Boris Johnson warned this week that as many of 9,000 bankers may leave the U.K. as a result of the bonus tax. Ian Fleming, a managing director at Alvarez & Marsal Taxand LLC in London, disagreed, saying banks are unlikely to move to low- tax regimes because the Darling plan is a one-time levy. “Any extension of the bonus tax might tip the balance,” Fleming said. April Increase In addition to the charge on bonuses, U.K. bankers face an income tax increase in April. Any British banker making more than 150,000 pounds will have to pay half his income to the government for the first time since Prime Minister Margaret Thatcher cut the top rate of income tax to 40 percent in 1988. The top federal tax rate is 35 percent in New York, 45 percent in Frankfurt and 44 percent in Geneva. “You’ve got a generation of people who have not experienced paying half their income to the government,” said Chris Maddock, tax director of the London-based Vantis Group Ltd. “It’s a psychological barrier.” Bankers who try to dodge income tax by reclassifying their earnings as a capital gain may struggle to evade British tax authorities, accountants said. “The government isn’t stupid,” said John Whiting , tax policy director at the London-based Chartered Institute of Taxation, a professional body that promotes the study and practice of taxation. “They are on the lookout.” To contact the reporters on this story: Andrew MacAskill in London at amacaskill@bloomberg.net ; Ambereen Choudhury in London at achoudhury@bloomberg.net ; Ben Martin in London bmartin38@bloomberg.net .

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U.K. Bankers Surrender on Darling Bonus Levy as Income Tax Increase Looms

January 13, 2010

By Andrew MacAskill, Ambereen Choudhury and Ben Martin Jan. 13 (Bloomberg) — Banks in the U.K. will pay the one- time, 50 percent tax on bonuses levied by the Treasury rather than reduce compensation, according to accountants and lawyers who advise financial institutions. Bankers who face increased income taxes on those payouts may not be so accommodating. Attention is shifting to how to minimize the effects of a personal income tax rise for high earners to 50 percent from 40 percent, which goes into effect in April, the accountants and lawyers said. One key strategy: Seeking more compensation in deferred stock, a form of pay classified as a capital gain and taxed at 18 percent in the U.K. “Inevitably, people are going to be pressed toward capital gains tax schemes, there’s no doubt about that,” said Nicholas Stretch, a tax lawyer at London-based law firm CMS Cameron McKenna. “We’re seeing greater interest from clients.” The levy on bonuses of more than 25,000 pounds ($40,300) and the increase in taxes on individuals earning more than 150,000 pounds a year mark efforts by the ruling Labour Party, facing an election to be held by June, to tap into popular anger over the 1 trillion-pound cost of bailing out U.K. banks during the financial crisis. Chancellor of the Exchequer Alistair Darling announced the tax on bankers’ bonuses last month. He said he introduced the measure, which covers payouts in cash and deferred stock, to encourage banks to build up capital, not raise revenue. Dimon’s Protest It may do the opposite. The Treasury, which initially said the tax would raise 550 million pounds, now estimates it may net as much as 2 billion pounds as banks opt to pay the tax rather than reduce bonuses, according to a government official who declined to be identified. U.K. banks are going to pay up because the legislation is tightly drawn and Treasury has been unwilling to negotiate, the accountants and lawyers said. An appeal to Darling last month from Jamie Dimon , JPMorgan Chase & Co.’s chief executive officer, made no difference. “People will be looking at the bonus tax and turning around and saying is there anything that we can do?” said Dominic Stuttaford, a partner at law firm Norton Rose LLP in London, which specializes in advising financial firms. “A lot of them will just say, with a very loud expletive: ‘Sorry, we’ve got to pay it.’” Representatives of Bank of America Corp. , Morgan Stanley and Citigroup Inc. said the banks hadn’t made a decision on how to deal with the tax. Barclays Plc, Royal Bank of Scotland Group Plc , HSBC Holdings Plc, JPMorgan , Credit Suisse Group AG and UBS AG declined to comment. ‘On The Chin’ There’s little appetite among the banks to circumvent the bonus tax because the legislation is rigorously drafted, said Sylvie Watts , a compensation lawyer at London-based Allen & Overy LLP. Banks also run the risk of negative publicity if they are caught trying to evade it, she said. “There aren’t many ways around it,” she said. Bankers “are just taking it on the chin.” That leaves banks such as Barclays and RBS, whose compensation committees are preparing to meet this month, with a choice if they pay the bonuses and the tax. They either risk the wrath of shareholders, who will receive a smaller slice of profits, or anger staff outside the U.K. by reducing the global bonus pool, or both, if they split the cost. “In principle, we can’t support the idea that the shareholders should pick up the bill,” said Peter Montagnon , director of investment affairs at the Association of British Insurers, whose members control about a fifth of the U.K. stock market, including banking stocks . Investors will have to consider whether to support the bank’s decision to add the cost of the tax to the wage bill on a case-by-case basis, he said. George Osborne Darling’s bonus tax, backed by Prime Minister Gordon Brown , has helped the Labour Party narrow the lead over the opposition Conservative Party in opinion polls. George Osborne, the lawmaker in line to become chancellor if the Conservatives win the election, has supported limits on cash bonuses and hasn’t ruled out extending the tax. London Mayor Boris Johnson warned this week that as many of 9,000 bankers may leave the U.K. as a result of the bonus tax. Ian Fleming, a managing director at Alvarez & Marsal Taxand LLC in London, disagreed, saying banks are unlikely to move to low- tax regimes because the Darling plan is a one-time levy. “Any extension of the bonus tax might tip the balance,” Fleming said. April Increase In addition to the charge on bonuses, U.K. bankers face an income tax increase in April. Any British banker making more than 150,000 pounds will have to pay half his income to the government for the first time since Prime Minister Margaret Thatcher cut the top rate of income tax to 40 percent in 1988. The top federal tax rate is 35 percent in New York, 45 percent in Frankfurt and 44 percent in Geneva. “You’ve got a generation of people who have not experienced paying half their income to the government,” said Chris Maddock, tax director of the London-based Vantis Group Ltd. “It’s a psychological barrier.” Bankers who try to dodge income tax by reclassifying their earnings as a capital gain may struggle to evade British tax authorities, accountants said. “The government isn’t stupid,” said John Whiting , tax policy director at the London-based Chartered Institute of Taxation, a professional body that promotes the study and practice of taxation. “They are on the lookout.” To contact the reporters on this story: Andrew MacAskill in London at amacaskill@bloomberg.net ; Ambereen Choudhury in London at achoudhury@bloomberg.net ; Ben Martin in London bmartin38@bloomberg.net .

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Expiration of U.S. Estate Tax Sets Up Debate on Retroactive Restoration

December 17, 2009

By Ryan J. Donmoyer Dec. 17 (Bloomberg) — The imminent expiration of the federal tax on multimillion-dollar estates and a pledge by congressional Democrats to renew it retroactively next year marks a new phase in an ongoing battle over the levy. Senate Finance Committee Chairman Max Baucus yesterday said Congress will seek to restore the tax retroactively in 2010 after Republicans objected to his efforts to adopt a stopgap measure to extend the current law for three months. The tax now yields about $25 billion in revenue annually. The levy, on the books since 1916, is scheduled to lapse for a year on Jan. 1 under the provisions on a tax-cut bill enacted in 2001. It then would be reinstated in 2011. The collapse of a last-ditch effort by Democrats to pass even a temporary extension surprised those on both sides of a debate that has raged for more than 15 years over whether to end what opponents term the “death tax”. Lee Farris, senior organizer on estate tax policy for United for a Fair Economy, a Boston-based advocacy group lobbying for retention of the estate tax, said she hadn’t expected talks over a stopgap measure to collapse this week. “I think it’s an outrage that with eight years notice, Congress couldn’t get its act together and prevent repeal of the estate tax,” Farris said. “This is it,” said Dick Patten, president of the American Family Business Foundation, a Washington group that has campaigned against the estate tax. “For the first time since 1916, there will be no death tax.” ‘Yo-Yo Effect Baucus said on the Senate floor yesterday that the situation would create a “yo-yo” for wealthy families and their heirs, many of whom will be faced with an unexpected capital gains on inheritances in 2010 that will replace the estate tax. “Clearly the correct public policy is to achieve continuity with respect to the estate tax,” said Baucus, a Montana Democrat. “We’ll clearly work to do this retroactively.” The current tax is a maximum 45 percent on estates worth more than $7 million per couple. It is scheduled to expire for all of 2010 and be reinstated in 2011 at a rate of 55 percent for couples with estates valued at more than $2 million. The imminent lapse spurred speculation of efforts by some people to extend the life of family members who might die before the end of the year. “You’re messing with people’s end-of-life decisions,” said Grover Norquist , a Republican activist and head of Americans for Tax Reform, a longtime advocate for repealing the levy. ‘ This is cruel. This is cruel incompetence. This is watching the doctor fumble around.” Challenges Ahead The pledge to renew an estate tax retroactively presents both a legislative and a legal challenge, Patten said. “I can guarantee this: if they succeed in getting retroactive in hiking the death tax from zero to 45 percent, there are going to be lawsuits,” he said. “It’s going to be messy, it’s going to be noisy.” Larry Richman, chair of the private wealth services practice group at the Chicago law firm Neal, Gerber & Eisenberg LLP, said the courts are likely to follow a 1994 Supreme Court case that concluded the Constitution’s ban on the enactment of ex-post facto laws doesn’t apply to tax legislation. The pressure to reach agreement may breathe new life into a compromise proposal by Senators Jon Kyl , an Arizona Republican, and Blanche Lincoln , an Arkansas Democrat, to impose a top rate of 35 percent on couples’ estates worth over $10 million. Limited Ramifications Farris said if Congress can resolve the issue quickly in 2010, the ramifications may be limited because most estates don’t file estate tax returns until about nine months after someone dies. “They will know what the law is by the time they actually go to file” if Congress can resolve the issue, she said. For now, as of Jan. 1 the estate tax will give way to the capital gains tax when heirs sell bequeathed assets. The tax, with a rate between 15 and 28 percent, would apply to estates in excess of $1.3 million and would be calculated on gains accrued since the asset was purchased. It would cover homes and land, stock certificates, collectibles such as art, and businesses. North Dakota Representative Earl Pomeroy has said about 61,000 estates would have to pay the capital gains taxes in 2010, versus about 6,000 affected by the current estate tax. Pomeroy, a Democrat, sponsored legislation adopted by the House Dec. 3 to make the current 45 percent tax rate permanent. Senate Majority Leader Harry Reid , a Nevada Democrat, yesterday accused Republicans of using small businesses as “props” to push for repeal of the estate tax on behalf of wealthy families. The capital gains tax will primarily affect families of modest wealth, he said. “If you’re rich, celebrate; if you’re not, you should be really afraid,” Reid said. To contact the reporter on this story: Ryan J. Donmoyer in Washington at rdonmoyer@bloomberg.net

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Expiration of U.S. Estate Tax Sets Up Debate on Retroactive Restoration

December 17, 2009

By Ryan J. Donmoyer Dec. 17 (Bloomberg) — The imminent expiration of the federal tax on multimillion-dollar estates and a pledge by congressional Democrats to renew it retroactively next year marks a new phase in an ongoing battle over the levy. Senate Finance Committee Chairman Max Baucus yesterday said Congress will seek to restore the tax retroactively in 2010 after Republicans objected to his efforts to adopt a stopgap measure to extend the current law for three months. The tax now yields about $25 billion in revenue annually. The levy, on the books since 1916, is scheduled to lapse for a year on Jan. 1 under the provisions on a tax-cut bill enacted in 2001. It then would be reinstated in 2011. The collapse of a last-ditch effort by Democrats to pass even a temporary extension surprised those on both sides of a debate that has raged for more than 15 years over whether to end what opponents term the “death tax”. Lee Farris, senior organizer on estate tax policy for United for a Fair Economy, a Boston-based advocacy group lobbying for retention of the estate tax, said she hadn’t expected talks over a stopgap measure to collapse this week. “I think it’s an outrage that with eight years notice, Congress couldn’t get its act together and prevent repeal of the estate tax,” Farris said. “This is it,” said Dick Patten, president of the American Family Business Foundation, a Washington group that has campaigned against the estate tax. “For the first time since 1916, there will be no death tax.” ‘Yo-Yo Effect Baucus said on the Senate floor yesterday that the situation would create a “yo-yo” for wealthy families and their heirs, many of whom will be faced with an unexpected capital gains on inheritances in 2010 that will replace the estate tax. “Clearly the correct public policy is to achieve continuity with respect to the estate tax,” said Baucus, a Montana Democrat. “We’ll clearly work to do this retroactively.” The current tax is a maximum 45 percent on estates worth more than $7 million per couple. It is scheduled to expire for all of 2010 and be reinstated in 2011 at a rate of 55 percent for couples with estates valued at more than $2 million. The imminent lapse spurred speculation of efforts by some people to extend the life of family members who might die before the end of the year. “You’re messing with people’s end-of-life decisions,” said Grover Norquist , a Republican activist and head of Americans for Tax Reform, a longtime advocate for repealing the levy. ‘ This is cruel. This is cruel incompetence. This is watching the doctor fumble around.” Challenges Ahead The pledge to renew an estate tax retroactively presents both a legislative and a legal challenge, Patten said. “I can guarantee this: if they succeed in getting retroactive in hiking the death tax from zero to 45 percent, there are going to be lawsuits,” he said. “It’s going to be messy, it’s going to be noisy.” Larry Richman, chair of the private wealth services practice group at the Chicago law firm Neal, Gerber & Eisenberg LLP, said the courts are likely to follow a 1994 Supreme Court case that concluded the Constitution’s ban on the enactment of ex-post facto laws doesn’t apply to tax legislation. The pressure to reach agreement may breathe new life into a compromise proposal by Senators Jon Kyl , an Arizona Republican, and Blanche Lincoln , an Arkansas Democrat, to impose a top rate of 35 percent on couples’ estates worth over $10 million. Limited Ramifications Farris said if Congress can resolve the issue quickly in 2010, the ramifications may be limited because most estates don’t file estate tax returns until about nine months after someone dies. “They will know what the law is by the time they actually go to file” if Congress can resolve the issue, she said. For now, as of Jan. 1 the estate tax will give way to the capital gains tax when heirs sell bequeathed assets. The tax, with a rate between 15 and 28 percent, would apply to estates in excess of $1.3 million and would be calculated on gains accrued since the asset was purchased. It would cover homes and land, stock certificates, collectibles such as art, and businesses. North Dakota Representative Earl Pomeroy has said about 61,000 estates would have to pay the capital gains taxes in 2010, versus about 6,000 affected by the current estate tax. Pomeroy, a Democrat, sponsored legislation adopted by the House Dec. 3 to make the current 45 percent tax rate permanent. Senate Majority Leader Harry Reid , a Nevada Democrat, yesterday accused Republicans of using small businesses as “props” to push for repeal of the estate tax on behalf of wealthy families. The capital gains tax will primarily affect families of modest wealth, he said. “If you’re rich, celebrate; if you’re not, you should be really afraid,” Reid said. To contact the reporter on this story: Ryan J. Donmoyer in Washington at rdonmoyer@bloomberg.net

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Private Equity Taxes Are Doubled as U.S. House Votes to Renew Tax Breaks

December 9, 2009

By Ryan J. Donmoyer Dec. 9 (Bloomberg) — The U.S. House voted to more than double a tax on income earned by executives of private equity and venture capital firms to pay for the renewal of dozens of tax breaks. The House voted 241-181 today, largely along party lines, to end fund managers’ ability to pay the 15 percent capital- gains tax rate on the share of fund profits they are paid as compensation. The proposal, unlikely to pass the Senate, would tax those payments – known as carried interest – as ordinary income with a top 35 percent rate. “Those who invest their own money will continue to receive capital gains tax treatment,” said Michigan Democrat Sander Levin . “Those who manage other people’s money will have to pay ordinary income tax like everybody else who performs services.” House Democrats have twice before passed the tax increase over the objections of Republicans who say it would discourage investment. The measure would renew 45 tax breaks due to expire Dec. 31, including a research credit that businesses use to hire workers, and tax benefits for restaurants, retailers, teachers and college students. The tax breaks would cost $30 billion over the next 10 years. Today’s measure would renew most of them for a year. The tax increase for fund managers would raise $24.6 billion over a decade, according to an estimate by the non-partisan congressional Joint Committee on Taxation. The bill also contains new provisions intended to stop Americans from evading taxes by stashing money in offshore accounts, which would raise more than $7 billion. ‘Temporary’ Relief “What we are being offered here is a temporary tax relief for one year with permanent tax increases,” said Michigan Representative David Camp , the top Republican on the Ways and Means Committee. Senate Finance Committee Chairman Max Baucus of Montana prefers to address the issue in the context of a broader tax overhaul, his spokesman, Dan Virkstis , said last week. House Ways and Means Chairman Charles Rangel of New York, while supporting today’s measure, said its renewal of expiring tax breaks underscored the need for a fundamental tax overhaul. “The taxpayers really deserve better than this,” he said. President Barack Obama proposed raising taxes on fund executives in his first budget earlier this year. An increase would affect general partners at buyout firms, hedge funds, venture capital firms and other partnerships including real estate and oil and gas investments. 20 Percent Managers typically are paid 2 percent of fund assets as an annual management fee and 20 percent of the profit earned for investors above certain levels. While the management fee is taxed as income, the share of profits is treated as a capital gain. The proposal would tax that money at ordinary income tax rates instead of capital gains rates. The top ordinary rate is 35 percent and is scheduled to increase to 39.6 percent in 2011; the capital gains rate is 15 percent and will rise to 20 percent in 2011. The private equity industry, along with similar investment partnerships such including real estate, oil and gas, and venture capital, defends the preferential tax treatment for managers’ share of profits. “Carried interest is appropriately taxed as a long-term capital gain because it represents the profit that an investment partnership earns by buying a capital asset” and “and eventually selling it for more than the purchase price,” said Douglas Lowenstein , president of the Private Equity Council, a Washington trade group founded by firms such as Blackstone Group LP . Research Credit Among the tax breaks being renewed is a research and development credit created in 1981 on a temporary basis and extended more than a dozen times. Thousands of companies including Dow Chemical Co. , Microsoft Corp. and CA Inc. lobby for its renewal, saying 70 percent of the benefit pays the wages of U.S.-based researchers. “The R&D tax credit is pretty much a key component of our ability to hire,” said James Barry, senior vice president of corporate technology development at Boston Scientific Corp. , maker of coronary stents and other medical devices. The House bill would renew a $4 billion benefit allowing U.S.-based companies like General Electric Co. to defer tax on income from overseas lending. The measure would retain faster depreciation schedules for restaurant operators such as Darden Restaurants Inc. , owner of the Red Lobster and Olive Garden chains. Other expiring provisions include deductions for college tuition and for state and local sales tax payments, which would save individuals $1.5 billion and $1.8 billion, respectively. The legislation also would renew benefits for films and television shows produced in the U.S., and an incentive for producing rum in Puerto Rico and the U.S. Virgin Islands. “Allowing these provisions to expire would amount to a tax increase at a most challenging economic time,” said Representative Shelley Berkley , a Nevada Democrat. To contact the reporter on this story: Ryan J. Donmoyer in Washington at rdonmoyer@bloomberg.net

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Obama Proposes Transportation Spending, Tax Credits to Spur More Hiring

December 8, 2009

By Roger Runningen and Nicholas Johnston Dec. 8 (Bloomberg) — President Barack Obama today proposed new spending on the nation’s transportation system, tax credits to spur hiring by small businesses and incentives to make homes more energy efficient in a second round of initiatives aimed at cutting the jobless rate . Obama also called for “mobilizing” money from the financial-system bailout fund to open up more credit to small businesses. The price tag for the proposals, which Obama didn’t specify, would be at least partly offset by savings in the Troubled Asset Relief Program, which the Treasury has said would cost $200 billion less than originally projected. “Given the challenge of accelerating the pace of hiring in the private sector, these targeted initiatives are right and they are needed,” Obama said in a speech at the Brookings Institution , a research organization in Washington. “But with a fiscal crisis to match our economic crisis, we also must be prudent about how we fund it.” Continued high unemployment and a slow recovery from the worst U.S. recession since the 1930s threaten to sap Obama’s political support and slice into the Democratic Party’s majorities in Congress. The Fed forecasts the jobless rate will range from 9.3 percent to 9.7 percent in the fourth quarter of 2010 as voters are casting ballots in congressional elections next November. Jobless Rate The unemployment rate in November was 10 percent, down from a 26-year high of 10.2 percent the month before. Obama and his advisers are trying to come up with new programs that won’t increase the size of the budget deficit , which last year was a record $1.4 trillion. He repeated his pledge to cutting the deficit in half by the end of his first term. Administration officials said the proposals don’t amount to a second economic stimulus, like the $787 billion package of spending and tax cuts enacted in February. Even before Obama spoke, congressional Republicans criticized any plan that would tap the financial bailout fund. “There are plenty of ways to stimulate small businesses, including three quarters of the stimulus money we have not spent yet without adding billions and billions in debt through TARP, which is basically a line of credit,” Republican Senator John McCain of Arizona, Obama’s opponent in the 2008 presidential election, said at a news conference. ‘Slush Fund’ “Now they want to use that $200 billion as another slush fund,” McCain said. In his speech, Obama criticized Republican opposition to his economic policies. The administration has taken a series of “difficult steps” to right the economy “largely without the help of an opposition party which, unfortunately, after having presided over the decision-making that led to the crisis, decided to hand it over to others to solve,” Obama said. The president focused his remarks on steps to help small businesses , which he said create 65 percent of new jobs. Among them, his proposal to eliminate the capital gains tax on small businesses for a year is left over from his presidential campaign. Two other proposals, enhanced expense allowances and an accelerated depreciation tax incentives, are extensions of provisions in the current stimulus legislation. Energy Retrofitting To create new jobs, Obama said he’s asking Congress to “provide incentives for consumers who retrofit their homes to become more energy efficient.” That program, which has become known as “cash for caulkers,” is designed to spark more construction hiring and would benefit home-improvement retailers such as Atlanta-based Home Depot Inc. and Lowe’s Cos. , based in Mooresville, North Carolina. Obama said it also would have the added benefit of lowering energy costs for consumers and lessen U.S. dependence on foreign sources of oil . The lower cost of TARP “gives us a chance to pay down the deficit faster than we thought possible and to shift funds that would have gone to help the banks on Wall Street to help create jobs on Main Street,” he said. To contact the reporters on this story: Nicholas Johnston in Washington at njohnston3@bloomberg.net ; Roger Runningen in Washington at rrunningen@bloomberg.net

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Estate Tax Is Extended by U.S. House With Exemption for First $7 Million

December 3, 2009

By Ryan J. Donmoyer Dec. 3 (Bloomberg) — The U.S. House of Representatives voted to prevent the federal estate tax from expiring on Dec. 31 and permanently exempt couples’ fortunes of up to $7 million. The House voted 225-200 to indefinitely extend the current tax, which imposes a top 45 percent rate. “We make the estate tax go away for 99.75 percent of the people in the country,” said North Dakota Democrat Earl Pomeroy , the main sponsor. Republicans who voted against the measure said they favored repealing the levy. Congress in 2001 decided to drop the estate tax in 2010 before reinstating it in 2011 at the previous higher top rate of 55 percent for estates valued at more than $1 million. Nevada Representative Dean Heller, a Republican, said Congress should allow the levy to expire as the 2001 law intended. “Americans are sick and tired of broken promises from their government,” he said. The measure now goes to the Senate, which plans to consider its own version. The two bills would have to be reconciled, passed again by both chambers, and signed by President Barack Obama by Dec. 31 to avoid the levy expiring. Dozens of business groups, including the National Association of Manufacturers , the National Federation of Independent Businesses, the Farm Bureau and the Chamber of Commerce, have lobbied Congress for a lower tax as long as lawmakers refuse to permanently repeal it. “The uncertain nature of the estate tax regime over the next two years is a major concern for businesses, many of which are struggling in the current economic downturn,” Bruce Josten , the Chamber of Commerce’s top lobbyist, said in a letter to lawmakers yesterday. $10 Million Exclusion Josten said the Chamber of Commerce favors a proposal by Representatives Kevin Brady , a Texas Republican, and Shelly Berkley , a Nevada Democrat, that would exclude the first $10 million of a couple’s estate from any tax and impose a top 35 percent rate for amounts above that. Brady said today the House Rules Committee is denying the full House an opportunity to vote on his alternative. “Rather than offer a bipartisan bill that has broad support, they chose to offer a partisan bill that has no support,” he said. Brady and Republican allies say the Pomeroy plan places an unfair burden on small businesses and family farms, forcing heirs to liquidate when owners die. “We don’t see a 45 percent rate as significant reform,” said Dina Battle, director of Tax Policy for the National Association of Manufacturers. State Taxes The Brady-Berkley bill also would repeal a federal deduction for taxes paid to about 23 states and the District of Columbia that have their own levies. That could create an incentive for those jurisdictions to repeal their taxes to eliminate the possibility of double taxation for wealthy families. Some pro-tax groups say Pomeroy’s proposal treats wealthy families fairly. The bill provides an estimated $234 billion in tax relief over the next decade and contains no offsetting revenue, they say. “With millions of Americans losing their jobs and losing their homes, now is not the time to go beyond the estate tax we have,” said Chuck Marr , director of federal tax policy at the Center on Budget and Policy Priorities , a Washington research group that typically supports Democratic policies. In the Senate, Finance Committee Chairman Max Baucus of Montana, a Democrat, wants to index the new estate tax for inflation. ‘Must-Do’ “The chairman recognizes the estate tax is a must-do and he continues to explore all viable and responsible proposals,” Baucus spokesman Dan Virkstis said. Pomeroy said he doesn’t oppose indexing while noting that congressional budget rules require lawmakers to offset the resulting $11 billion in lost revenue with tax increases elsewhere. The 82-member Congressional Progressive Caucus, a group of liberal House Democrats, hasn’t taken a position on Pomeroy’s legislation, said Andrea Martin, spokeswoman for Representative Lynn Woolsey of California, co-chairwoman of the caucus. Unless Congress acts, the estate tax would be replaced in 2010 by a capital gains tax on all but the first $1.3 million in inherited assets including homes, stock certificates, stamp collections and livestock. Heirs who sell those assets would pay from 15 to 28 percent in taxes on any appreciation in value in the assets since they were acquired. Current law imposes capital gains taxes only on any increase in value after the assets are bequeathed. A 2005 study by John Buckley , chief tax counsel for the House Ways and Means Committee, projected that 7,500 households would face estate taxes this year, while a repeal of the estate tax would subject heirs of 75,000 estates to capital gains taxes in 2010. To contact the reporter on this story: Ryan J. Donmoyer in Washington at rdonmoyer@bloomberg.net

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Estate Tax Debate to Begin in U.S. House Amid Partisan Clash on Limits

December 3, 2009

By Ryan J. Donmoyer Dec. 3 (Bloomberg) — The U.S. House of Representatives begins debate today on the soon-to-expire federal estate tax, the focus of a partisan battle over how much the government should claim from fortunes bequeathed by multimillionaires. The current tax, which imposes a top 45 percent rate on couples’ estates valued at more than $7 million, expires Dec. 31. Many Democrats want to increase the tax bite while Republicans favor reducing or repealing the levy. “If we end up in trouble on this vote, it’s because we face opposition from two very different groups,” said Representative Earl Pomeroy , a North Dakota Democrat, who is sponsoring a measure to extend the current rate indefinitely. “Present law represents a fair compromise on all sides.” Congress in 2001 decided to drop the estate tax in 2010 before reinstating it in 2011 at the previous higher top rate of 55 percent for estates valued at more than $1 million. Dozens of business groups, including the National Association of Manufacturers , the National Federation of Independent Businesses, the Farm Bureau and the Chamber of Commerce have lobbied Congress for a lower tax as long as lawmakers refuse to permanently repeal it. “The uncertain nature of the estate tax regime over the next two years is a major concern for businesses, many of which are struggling in the current economic downturn,” Bruce Josten , the Chamber of Commerce’s top lobbyist, said in a letter to lawmakers yesterday. $10 Million Exclusion Josten said the Chamber of Commerce favors a proposal by Representatives Kevin Brady , a Texas Republican, and Shelly Berkley , a Nevada Democrat, that would exclude the first $10 million of a couple’s estate from any tax and impose a top 35 percent rate for amounts above that. Republicans say the Pomeroy plan places an unfair burden on small businesses and family farms, forcing heirs to liquidate when owners die. “We don’t see a 45 percent rate as significant reform,” said Dina Battle, director of Tax Policy for the National Association of Manufacturers. The Brady-Berkley bill also would repeal a federal deduction for taxes paid to about 23 states and the District of Columbia that have their own levies. That could create an incentive for those jurisdictions to repeal their taxes to eliminate the possibility of double taxation for wealthy families. Some pro-tax groups say Pomeroy’s proposal treats wealthy families fairly. The bill provides an estimated $234 billion in tax relief over the next decade and contains no offsetting revenue, they say. Raising the Stakes “With millions of Americans losing their jobs and losing their homes, now is not the time to go beyond the estate tax we have,” said Chuck Marr, director of federal tax policy at the Center on Budget and Policy Priorities , a Washington research group that typically supports Democratic policies. In the Senate, Finance Committee Chairman Max Baucus of Montana, a Democrat, wants to index the new estate tax for inflation. “The chairman recognizes the estate tax is a must-do and he continues to explore all available and responsible proposals,” Baucus spokesman Dan Virkstis said. Pomeroy said he doesn’t oppose indexing while noting that congressional budget rules require lawmakers to offset the resulting $11 billion in lost revenue with tax increases elsewhere. The 82-member Congressional Progressive Caucus, a group of liberal House Democrats, hasn’t taken a position on Pomeroy’s legislation, said Andrea Martin, a spokeswoman for Representative Lynn Woolsey of California, co-chairwoman of the caucus. “There are members that are supportive and members that are not so supportive,” Martin said. Capital Gains Tax Unless Congress acts, the estate tax would be replaced in 2010 by a capital gains tax on all but the first $1.3 million in inherited assets including homes, stock certificates, stamp collections and livestock. Heirs who sell those assets would pay from 15 to 28 percent in taxes on any appreciation in value in the assets since they were acquired. Current law imposes capital gains taxes only on any increase in value after the assets are bequeathed. A 2005 study by John Buckley , chief tax counsel for the House Ways and Means Committee, projected that 7,500 households would face estate taxes this year, while a repeal of the estate tax would subject heirs of 75,000 estates to capital gains taxes in 2010. To contact the reporter on this story: Ryan J. Donmoyer in Washington at rdonmoyer@bloomberg.net

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Reid’s Health Care Overhaul Legislation Likely to Split Senate Democrats

November 16, 2009

By Kristin Jensen and Laura Litvan Nov. 16 (Bloomberg) — Senate Majority Leader Harry Reid will unveil legislation to overhaul the U.S. health-care system as early as this week. The floor debate that follows is likely to divide his Democratic Party. Reid wants to include a government-run insurance program that would let states opt out, which may cost him Senate votes. His version probably won’t require employers to cover workers and will be funded through a tax on high-end insurance plans, which would put him at odds with House Democrats. Reid needs 60 votes to pass the legislation, and he risks losing Senator Joseph Lieberman , a Connecticut independent who caucuses with the Democrats and opposes the government insurance plan. He also hasn’t won over the two Republicans most likely to back the bill, Maine Senators Olympia Snowe and Susan Collins . “He’s going to have to walk a tightrope in order to end up with a package that can get him 60 votes,” said former Senator John Breaux , a Democrat who now heads a lobbying firm that represents the Pharmaceutical Research and Manufacturers of America, the drug industry’s Washington trade group. The legislation, President Barack Obama’s top domestic priority, is intended to cover tens of millions of uninsured Americans while curbing medical costs. Lawmakers’ proposals for purchasing exchanges, subsidies and a requirement that all Americans have coverage would cost more than $800 billion over 10 years and mark the biggest changes to U.S. health care in more than four decades. House Passage While the House passed its version on a 220-215 vote on Nov. 7, Reid has delayed unveiling his legislation while waiting for Congressional Budget Office cost estimates on various proposals drawn up by the Senate health and finance committees. “Once we hear from CBO, we will take the legislation to the caucus and hope to start floor debate as soon as possible,” said Jim Manley , Reid’s spokesman. The Senate health panel embraced the government insurance plan, or public option, to compete with private insurers such as Hartford, Connecticut-based Aetna Inc. The finance committee rejected the idea, with three Democrats voting against it, Senators Max Baucus of Montana, Kent Conrad of North Dakota and Blanche Lincoln of Arkansas. Other Senate Democrats, including Nebraska’s Ben Nelson and Louisiana’s Mary Landrieu , have also been critical of the public option. And Snowe and Collins say they won’t support it either. Changes Likely “Reid’s bill is likely to be weakened, especially in the public option,” said John Fortier , a political scientist at the American Enterprise Institute in Washington. “How you finance it, the public option, all these things are deals to be made.” Reid first must corral 60 votes to start debate. Later, he might do a test vote on the proposal with a public option before accepting Snowe’s plan to create a government program only if premiums aren’t affordable enough, Breaux said. “Harry can change it and go back to maybe a trigger mechanism and see if that picks up other Democrats and possibly picks up Olympia Snowe,” Breaux said. There are other questions. Democrats are fighting over restrictions that might be included in the bill to ensure that no federal money goes to fund abortions; some argue the House provision on the issue will end up curbing abortion rights. If Reid loses even one Democrat, he must make it up with Republican support, an effort that’s proving difficult. Collins’s List Collins last week outlined a list of concerns about the Senate Finance Committee’s measure and the ideas Reid is considering. Among other things, she said, affordability of care will be hampered by new taxes and industry fees under discussion, and she sees nothing so far that gives her confidence that health-care costs will decline as intended. “To me, we should go rewrite the whole bill,” Collins told reporters on Nov. 9. Senate leaders are considering whether to change fees on drugmakers , medical device makers and insurers passed by the finance panel. And they’re trying to mollify Democrats who want to scale back a tax on insurers for so-called Cadillac insurance plans because they say it would hurt middle-class workers. Reid may instead opt to raise the rate of the payroll tax used to fund Medicare, the government-run health program for the elderly, or add a new Medicare tax on capital gains, both only for wealthy Americans. No Employer Mandate The Nevada Democrat is likely to drop plans for a mandate that all employers offer insurance to workers or pay a penalty, a person familiar with the negotiations said late last month. Instead, companies with 50 or more workers would be subject to penalties if they don’t provide coverage and have workers who get taxpayer-funded subsidies to buy policies. Reid is pushing to meet Obama’s goal of getting legislation finished this year and last week brought in former President Bill Clinton to encourage fellow Democrats to act. After a measure passes the Senate, it would have to be combined with the House version in negotiations before a new round of votes. If Reid succeeds, he will have navigated “through some very treacherous seas,” Breaux said. To contact the reporters on this story: Kristin Jensen in Washington at kjensen@bloomberg.net ; Laura Litvan in Washington at llitvan@bloomberg.net

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Taxpayers May Shift Income to 2009 as U.S. Government Seeks Stimulus Cash

November 5, 2009

By Margaret Collins Nov. 5 (Bloomberg) — The U.S. government is spending $787 billion to stimulate the economy, the deficit is $1.4 trillion and Congress is debating costly changes to health care. The taxpayers’ bill to pay for it isn’t far behind. “Something is going to have to be done to raise revenue unless entitlement spending is cut,” said Gerald Prante , senior economist for the Washington-based Tax Foundation . Federal tax rates may rise in 2011 to as high as 39.6 percent, up from 35 percent, for those earning more than $373,650. The House version of the health reform bill sets an additional 5.4 percent surtax on adjusted gross income for high- income individuals. Long-term capital gains rates may reach 28 percent, from 15 percent today, Prante said. Tax advisers taking advantage of lower rates and expiring tax breaks on 2009 and 2010 returns could save millions for clients in the top brackets, said Mark Nash, a Dallas partner at New York-based PricewaterhouseCoopers Private Company Services. Strategies range from investing in film production to exercising stock options. “For many of our clients, particularly those who run their own businesses, there may be an opportunity to accelerate significant amounts of income — even as much as $50 million to $100 million of taxable income,” said Nash, whose average client has assets of $150 million or more. The tax savings from moving income into 2009 or 2010 would be 4.6 percent of that amount, he said. Defer Expenses “We’re trying to have clients bring income into this year and likewise defer expenses into future years when you may have higher rates,” said Robert Healy, chief executive officer of R.J. Healy & Co., an advisory firm based in Walnut Creek, California. Consider holding on to as many capital losses as possible, Healy said, because they may be more valuable for offsetting capital gains if tax rates increase. Long-term capital gains on assets held more than one year are generally taxed at rates no higher than 15 percent, according to the Internal Revenue Service. That will go up to 20 percent in 2011 if Congress does nothing. Short-term gains are taxed as ordinary income. Taxpayers can deduct up to $3,000 annually of capital losses that exceed capital gains to reduce ordinary income, according to the IRS, and they can carry forward an unlimited amount of excess losses to offset gains in following years. “The talk around town is to 25 or 28 percent,” said Dan Yu, a director at Eisner LLP , a New York-based accounting and advisory firm, of the potential capital gains tax increases. “If it doesn’t happen in 2010, I’m pretty sure it will happen in 2011.” Exercise Options Exercising and selling “non-qualified” stock options may be another way to capitalize on lower rates, said Tom Karsten, senior managing partner at Karsten Tax and Financial Management based in Fort Worth, Texas. “We’ve been encouraging our clients to take some of those profits now,” said Karsten, whose clients have an average $1 million in investable assets. The spread between the option’s strike price and its market value when exercised is considered compensation and taxed as ordinary income, said PricewaterhouseCoopers’ Nash. “If you think your stock is not going to be a rapid appreciator or if you intend to exercise the option and hold the shares it would be a good time to do it now,” Nash said. “Particularly if the stock option is expiring in the next couple of years.” Taxpayers affected by the alternative minimum tax should calculate how much income they can move into 2009 or 2010 before reaching a higher tax bracket of 33 percent or 35 percent, Nash said. Energy Credits The AMT is a parallel system to the standard tax rates that generally applies to families earning between $150,000 and $500,000. Medical expenses, personal exemptions, and state and local taxes aren’t deductible in the AMT equation. Taxpayers calculate their liability and pay whichever is higher — the AMT or the ordinary rate. Those in high-tax states such as California and New York are more likely to pay the AMT, said Joseph Kovar, a certified public accountant at Sweeney Kovar LLP based in Danville, California. About 4 million to 5 million Americans are subject to the AMT, according to the Tax Foundation. The IRS offers two energy tax credits to lower taxes. Homeowners may be able to claim a 30 percent credit on the cost of energy-efficient improvements such as windows, doors, air conditioners and water heaters up to $1,500 in 2009 and 2010 combined. There’s no dollar limit on qualified geothermal heat pumps, solar energy and wind systems installations. The credits are also available next year. “Look for the tax-credit certification statement on the manufacturer’s Web site or in the packaging materials,” said IRS spokesman Eric Smith. “There’s a lot of energy-efficient things around but they may or may not qualify.” Go Hollywood Taxpayers with a taste for Hollywood can reduce passive income by investing in a movie, said Mark Hutchison, a tax principal at Rothstein Kass, who specializes in film finance. An investor in a motion picture or television show may deduct production costs in a given year up to the amount invested. The deduction can be used to offset passive income, such as rents, according to the IRS. A taxpayer with multiple properties generating rental income may want to look at the tax break, said Hutchison. Production on the film must have started before Dec. 31, Hutchison said, in order to benefit. “You get to be in the sexy business of Hollywood, but remember if it goes bust you could be on the hook,” Hutchison said. New Car Purchases Seventy-five percent of a movie’s labor costs must be spent in the U.S. to be eligible, according to the IRS, and the deduction is generally capped at $15 million among all owners of the film. If principal photography commences before the deduction’s scheduled expiration this year, expenses may still be applied after the expiration date, the IRS said. Consumers who missed out on the “Cash for Clunkers” program can still get a break if they buy a new car, said Kenneth Powell, a partner at the New York-based Berdon LLP an advisory and accounting firm. Sales taxes paid on a car, light truck, motor home or motorcycle purchased after Feb. 16 and before Jan. 1, 2010, are deductible up to $49,500 of the sales price per vehicle, according to the IRS. In New York City, where the sales tax rate is 8.875 percent, that’s equal to about $4,313, for a Mercedes-Benz E- class 2010 sedan with a starting list price of $48,600, according to the company’s Web site. The tax break phases out for single filers with adjusted gross income between $125,000 and $135,000 and between $250,000 to $260,000 for joint filers. There’s no limit on the number of vehicles, said IRS spokesman Eric Smith. To contact the reporter on this story: Margaret Collins in New York at mcollins45@bloomberg.net .

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Eric Schurenberg: The One Free Lunch Left for Investors

October 31, 2009

Jeremy Grantham’s long awaited quarterly letter made the rounds earlier this week. Most reporters, including MoneyWatch’s own Conrad de Aenlle , focused on the guru’s sarcastic evisceration of Bernanke and Geithner and his gloomy outlook for the stock market in general. But buried in the letter was a rare (of late) positive review for one sector of the stock market. Quality growth stocks, said Grantham, chief investment officer of money manager GMO, are now so cheap compared to the more deeply indebted, less stable corners of the market that they amount to a “free lunch.” The man who forecast the market bubbles of 2000 and 2007 does not use that term lightly. Grantham isn’t the only one to note the bargain pricing of high-quality growth stocks compared to the rest of the market. Morgan Stanley analysts Gerard Minack and Jason Todd wrote about it last month. As you can see from the chart below, stocks that got high quality ratings from Standard and Poor’s have barely participated in the summer rally. The big gains were racked up by the seedier elements — i.e., those deemed by S&P to have less stable and sustainable earnings. “The rally since March has been a risk rally,” is the way that Grant Bowers, portfolio manager of Franklin Growth Opportunities fund (FGRAX) summed up the discrepancy in an interview at his office this week. Diverging performance between quality growth stocks and other parts of the stock market is all part of a fairly standard cycle. Growth stocks can lag for periods of as long as seven years; then the cycle shifts and it’s growth’s turn again. Because they are more reliable, growth stocks usually trade at higher price-earnings multiples than the rest of the market. But at the moment, the average high-quality growth stock trades at no premium at all to the proletariat of the market. History would suggest that means the cycle is getting ready to turn. What does this possibility mean to you? It means that you might want to put your next equity dollars into a growth fund or ETF. If you have both value and growth funds in your portfolio (and you do, don’t you?), you might want to rebalance a bit of your holdings from the former into the latter, as long as you conduct the transaction in a 401(k) or IRA, where you won’t get hit by capital gains taxes. What it doesn’t mean is that growth stocks will take off no matter what happens in the market. Growth stocks are stocks, after all. But if you’re worried that the market may have gotten a little ahead of economic reality, quality stocks are what you’d want to own. And Morgan Stanley’s Minack sees no reason to think history won’t repeat. “We remain convinced that quality will handsomely outperform in a flat or down market,” he said by email today. You could argue whether that’s really a free lunch as Grantham says. But odds are, it’s at least a blue plate special.

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Leslie Pratch, Ph.D.: Back to the Roots: Entrepreneurship and Global Competition

October 26, 2009

In the coming months, we will come together to offer a tangential view — not a consensus view, and certainly not the average view. We seek to synthesize information and ideas from different vectors and extrapolate a resultant vector in an orthogonal dimension. Raj is an entrepreneur/technologist born and raised in India, educated in the United States, who now markets green energy solutions globally. Leslie is a clinical psychologist with an M.B.A. in strategy and finance from Chicago Booth who specializes in working with private equity investors. Through writing about capitalism, economics, education, the environment, and value creation, we aspire to create a social good. Economic disparity is what creates value because at every level there is an opportunity for arbitrage. I may have a particular way to leverage my status or technology to create a good, such as more economic wealth relative to someone else, on an average basis, not on an absolute basis. In emerging economies like India and China and in the past in America, this opportunity differs greatly from what we have in the U.S. today. By stratification of wealth, we do not mean what happened under Communism, where a few, few party elite lived like kings and almost everyone else had beans and water for dinner. What matters is a continuum with easy mobility upwards and a finite probability to jump across multiple layers. It is only capitalism that allows individuals to move up. The very rich and the very poor exist under capitalism and communism. We must look to the middle class, and its size and growth, to see the secret of capitalism. Look to the middle class. That is the where the action is. In Czarist Russia, the number of levels was 1,000. The top echelon lived like kings and the rest of the nation starved. Mao Tse-tung starved tens of millions and lived a lawless and disgusting life well beyond the way anyone in the U.S. lives. Look to mobility. What we want is the chance to apply our talents. Give us the chance to move up! China has decided to invest in us simply out of selfishness. We are among the best places to be right now for their money. If we continue to run peace-time deficits to the sky, as we presently are, that will change. Our worry is not that China will harm us; they want us to be able to pay them back. It is rather that our own Congress will harm us. Milton Friedman did a wonderful study on wealth stratification (cited in Free to Choose , 1980). He showed was that way back when, wealth was far more widely spaced between poor and rich (and there were far more poor) and worst of all, the poor did not move into being rich, ever. Capitalism allows those, like you and me, who work very hard, to move up. No other system really does. “You cannot multiply wealth by dividing it.” And hence, capitalism was born. Raj had a car driver in India who said that in 1958 he moved from a small village in the south into the same slum featured in Slum Dog Millionaire. There, he raised two kids. His oldest son is a civil engineer in Mumbai. His youngest son entered graduate school in electrical engineering and hopes to pursue a Ph.D. in the United States. Their father sold his property and made a large profit. But he still drives a taxi. This family has leaped across several wealth layers from abject poverty to middle class, all in one generation. This is the true story of Dharavi, the largest slum in the world. If businesses in the U.S. cut salary and fringe costs by 35-65% (fringe costs consisting mostly of health care and dental, disability, life insurance), we will become a more competitive economy, especially compared to countries with an edge in information technology. We recognize we need to reflect on this issue and will do so in coming posts. If in addition we also replaced “cash for clunkers” with “capital for entrepreneurs,” especially those pushing the boundaries on solar, vehicles, biological sciences, and computer sciences, we would create thousands of new enterprises and businesses across the country. These would generate more wealth, which would benefit not only the U.S. economy; it would also create a forward path for the rest of the world. The federal government should quit bailing out uncompetitive large industries and financial institutions and instead become a potent venture capitalist! A fundamental macroeconomic factor that must happen is to bring down the cost of labor in the U.S. rather than enacting trade barriers. That is why it is important to visit places like India and China. The tax policies in India are far more progressive than in the U.S.; the social policies are also very friendly. The socialist policies that existed in India during the 60s, 70s, and 80s are very different from what one sees today in India. A true capitalistic tax system would be to have an inheritance tax. Taxing the wealth from one generation to the next is the answer. Unfortunately, the Bush administration changed that. In India, the rise in taxation as one’s income grew used to be exponential. At the top levels of income, the tax rate was close to 99%. The result was an underground economy. Now the capital gain tax is a flat 15% (up from 10% a year ago) and the maximum individual income tax rate is 30%. India had policy makers who created a smart taxation policy. At the same time, the Indian government is involved in other socially beneficial programs. Our fear is that discourse in the U.S. has become so polarized that it will become impossible to enact the economic policy that will inspire entrepreneurial activity in the short- and medium-term and the correct socioeconomic policy for the long-term. Entrepreneurship is created by less governmental intervention and lower capital gains taxes. It has been shown a hundred times. In the end, rising consumption in India will raise U.S. income levels. As an example, most Indians are used to income disparity. It is not that different income levels are bad; social and economic systems are not designed to give parity at the same time. Any economic system will say there must be a path to happiness. Either the system offers a path up or the individual accepts his or her station. What policy makers in the U.S. should be doing is to understand, analyze, and empathize with the competition. Then, we can build our competitive strategy. Smart people in power should travel. When they travel, they should get a full, rich view of the landscape. On October 15, 2009, The New York Times reported that the European Union and South Korea took a major step toward a free trade agreement aimed at generating billions of euros in new commerce. With talks on global trade deadlocked and rising concern about protectionism, analysts said the deal could signal other nations to press ahead with their own bilateral pacts. After two years of negotiations, an agreement was signed in Brussels by the European trade commissioner and her South Korean counterpart. The pact now needs approval from the European Union’s member states, some of which face intense opposition to the deal from sectors like the automotive industry. Under the agreement, the two sides will remove virtually all tariffs between their economies, as well as many non-tariff barriers, over a five-year period. The European Commission, the executive arm of the union, said the trade in goods between Europe and South Korea was worth about 65 billion euros ($97 billion) in 2008, and that the deal was worth 19 billion euros to European exporters alone. The European Union runs a deficit with South Korea in goods trade. A free trade agreement between the United States and South Korea, reached in 2007, has yet to be ratified and is stuck in Congress. Some American politicians oppose the deal over concerns it will harm automakers. This furor over free trade versus protectionism is relatively minor compared to issues implicating a combination of a floating exchange rate system and the end of all currency controls and trade barriers, even “voluntary” export quotas. As Paul Krugman points out, “Trade barriers are a minor issue for the United States today; even small wrinkles in health care policy, like overpayment to Medicare Advantage plans, probably matter more to public welfare than all the trade restrictions now in place.” His point is well taken. Political discourse and policy making in the United States has become too myopic and insular. He also noted recently, “U.S. officials have been extremely cautious about confronting the China problem.” He believes China’s caution makes little sense. “Suppose the Chinese were to do what Wall Street and Washington seem to fear and start selling some of their dollar hoard. Under current conditions, this would actually help the U.S. economy by making our exports more competitive.” With the world economy in a precarious state, seeking economic policies by major players that worsen the problems of other countries cannot be tolerated. Something must be done about China’s currency. In addition, we should keep a watchful eye on China’s increasing hunger for commodities and the implications thereof on commodity prices. Take for example, China National Offshore Oil Corporation (CNOOC). CNOOC is in talks with oil-rich Nigeria to buy large stakes in some of the richest oil blocks in the world. In a research note dated October 19, 2009, Deutche Bank writes: China has grown closer economic and business ties with emerging markets across the globe, raising its profile and enhancing its economic and political clout. Thus far, China’s interests have been driven mainly by its thirst for energy and commodities — in short, commercially-driven. It is pointless for traditional powers to try to stop China’s growing influence. It would be more productive if traditional powers responded to China’s emergence by enhancing their own positive engagements with EM regions. Given that nations are economically tied, it is hard for one nation to wage a differential war against another. We should become more cooperative and look at larger interests of humanity. Not that we would confuse that argument with entrepreneurship and the ability to make wealth. Milton Friedman argues in Essays in Positive Economics , that “current economic and political conditions make a system of flexible or floating exchange rates-exchange rates freely determined in an open market primarily by private dealings, and like other market prices, varying from day to day-absolutely essential for the fulfillment of our basic economic objective: the achievement and maintenance of a free and prosperous world community engaging in unrestricted multilateral trade. There is scarcely a facet of international economic policy for which implicit acceptance of a system of rigid exchange rates does not create serious and unnecessary difficulties.” “The sooner a system of flexible exchange rates is established, the sooner a system of unrestricted multilateral trade will become a real possibility.” (pp. 157-158) If there is no major incentive to move up in the income strata, why work harder, unless I am motivated by altruism. One can either argue that spiritually it’s the right thing to do. Or one can strap on a rational argument: Every human being has the underlying energy to work and establish a differentiation between oneself and the rest of society. The potential to move up the wage ladder is what makes great nations. In order for the U.S. to keep a dominant world position, we need to be 10 steps ahead of the rest of the world. We need to propel the rest of the population up but by generating new wealth, by creating new avenues for wealth, rather than taxing everyone more. It is critical to have the incentive to move up the curve. Silicon Valley is an example. Overnight, entrepreneurs could jump up income levels radically, from making $200,000 to making $2 million after an IPO. The promise of wealth creation drives innovation. A government that takes away the potential to jump across brackets of income will not have sustained global influence. Raj Alur is Chief Marketing Officer responsible for global marketing and sales at Silicon Valley energy storage startup whose products will become an essential complement to all renewable energy power generation. Raj was previously a venture capitalist with Vesbridge Partners and St. Paul Venture Capital, a CEO of a Boston area wireless data startup, VP of Marketing at Lucent Technologies amongst others. He started his career as a software engineer designing operating systems and file systems. Raj holds a M.S in Computer Science from Boston University and an M.B.A. from Cornell.

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Obamacare Tax Frays President’s Middle-Class Vow: Kevin Hassett

October 12, 2009

Commentary by Kevin Hassett Oct. 12 (Bloomberg) — The U.S. Senate’s version of Obamacare finally is emerging into broad daylight, and the more people see of it, the less popular it should be. For all the rhetoric, the plan is quite easy to sketch, thanks in part to an analysis by the congressional Joint Committee on Taxation . So here goes: Under the health-care plan advanced by Senate Finance Committee Chairman Max Baucus , lower- and middle-class people who have insurance today are going to be taxed and squeezed in order to cover people who don’t. The money to finance the new entitlement comes from two main sources, tax increases and Medicare cuts. Medicare cuts are mostly borne by elderly folks with modest means. That undoubtedly explains why seniors are so concerned. The tax cuts, by contrast, have received little attention. There has been almost no discussion of the simple question: who would pay the tab? Think about how unusual that is. It is a radical departure from past tax debates. When President George W. Bush was in office, every tax proposal, no matter how minor, seemed to be buried by a blizzard of detailed distributional analyses that went from think-tank Web sites to the front pages of your favorite newspaper instantaneously. In this debate, the distributional-industrial complex has remained silent. Such remarkable silence in the noisiest town on earth can only be caused by an uncomfortable truth. And the mother of all uncomfortable truths is lurking below the surface in the health debate. If you are a card-carrying member of the left-wing establishment, you can’t analyze the distributional consequences of the health bill, because if you do, you will catch President Barack Obama in a lie. Campaign Promise Think back to the 2008 election, when Obama promised again and again that he would not increase taxes on the middle class. “And if you’re a family making less than $250,000 a year, my plan won’t raise your taxes one penny — not your income taxes, not your payroll taxes, not your capital gains taxes, not any of your taxes,” Obama told an audience in Orlando, Florida, in August 2008, something he repeated at almost every opportunity. In one way the statement is true. If your income is less than $250,000, Obama will not raise your taxes by just a penny. The hit will be much more painful than that. We know that now because Senator Orrin Hatch , Republican of Utah, asked the Joint Committee on Taxation to perform the distributional analysis nobody else would. The committee’s analysis was provided to him in a letter dated Sept. 17. I received a copy a week later. Tax on Plans The report focused on the main revenue-raising step of the Baucus plan, an excise tax on high-cost insurance plans. At the time of the analysis, the Baucus plan held that if you have an insurance plan with a high premium (exceeding $8,000 per individual or $21,000 per family), your insurance company would pay a tax of 35 cents for every dollar that your plan exceeds the threshold. The goal of the tax is to raise revenue to cover the uninsured and to discourage these so-called gold-plated plans, which some say encourage excessive medical care. Ostensibly the excise tax is a tax on insurers. But as with other excise taxes (gasoline, cigarettes), the cost would undoubtedly be passed on to the consumer, in the form of more expensive insurance. Or firms might stop offering generous plans and increase wages commensurately, which would also increase tax revenue. The analysis by the Joint Committee on Taxation concluded that tax payments would indeed rise. And it found that the middle class would be stuck with the tab. 87 Percent The report projected that the excise tax would raise about $52 billion in 2019. Of that, about $8.9 billion would come from taxpayers with incomes of less than $50,000; about $19.4 billion from taxpayers with incomes between $50,000 and $100,000; and about $17.4 billion from taxpayers with incomes between $100,000 and $200,000. Add those up, and you see that about 87 percent of the revenue in the original Baucus proposal to finance Obamacare would come from individuals with incomes of less than $200,000. Baucus and the Senate committee have since upped the proposed tax to 40 percent, and the trigger thresholds to $9,850 and $26,000, tweaks that shouldn’t change the basic thrust of the story. The Democrats’ plan is a moving target — and given who will pay the tab, that is probably on purpose. The remarkable thing is that this revenue comes from low- and middle-income people who already have insurance. Many members of organized labor have these “gold-plated” plans. And they would be worse off, not better, because of Obamacare. Democrats always seem to promise that they will finance their dreams by taxing the rich. And they always seem to increase taxes on everyone. There they go again. ( Kevin Hassett , director of economic-policy studies at the American Enterprise Institute, is a Bloomberg News columnist. He was an adviser to Republican Senator John McCain of Arizona in the 2008 presidential election. The opinions expressed are his own.) To contact the writer of this column: Kevin Hassett at khassett@bloomberg.net

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Swiss Secrecy Onslaught May `Criminalize’ Elites, Oldest Private Bank Says

September 24, 2009

By Warren Giles Sept. 24 (Bloomberg) — European leaders should give up the attack on Swiss banking secrecy and accept a withholding tax on foreigners to avoid criminalizing wealthy taxpayers, said Konrad Hummler , managing partner of Switzerland’s oldest private bank. “If there is really a desire to criminalize part of the elite in European countries, then it would be a bigger problem for these countries than for Switzerland,” Konrad Hummler said in an interview at the offices of Wegelin & Co. in Zurich. The “majority of European clients were not criminals but just diversifying away from their home country.” Swiss banks last week proposed the withholding tax in a bid to fend off the assault on secrecy by the U.S., Germany and France. The Swiss Bankers Association has forwarded the proposal, under which client identities would be known only to the banks, to the government for consideration. A withholding tax may prevent probes of the kind that netted former Deutsche Post AG Chief Executive Officer Klaus Zumwinkel , who confessed in January to using a Liechtenstein account to avoid taxes, Hummler said. That came after the German government paid a former employee of LGT Group, the bank owned by Liechtenstein’s ruling family, for bank records. “It’s quite an elegant way to try to solve the problem, not only for Switzerland but also for other countries,” said Hummler, who earlier this month told clients to sell U.S. assets or move their money to other banks. ‘Unacceptable Halfway House’ Swiss banks are proposing an “unacceptable halfway house” and leaders of the Group of 20 nations are unlikely to accept it, said John Christensen, a director at the London-based Tax Justice Network . “They are inadvertently confirming what everyone knows, which is that banking secrecy is hiding massive tax evasion by European elites,” Christensen said. “The public is pretty damn angry and those who are leading the attack on bank secrecy are in no mood to compromise.” The proposed tax on interest, dividends, capital gains and investment income could raise “billions per year” for foreign governments, according to the Swiss Bankers Association, which represents most Swiss institutions, including UBS AG and Credit Suisse Group AG . That may appeal to European governments, said Hummler, who first advocated a withholding tax in 2001. “Do they want to see cash, or are they ideologists who just want to be right?” he said. “Looking at their treasuries, I have the feeling that the cash argument is a good one.” Switzerland already imposes a withholding tax of 35 percent on interest payments to domestic customers. It has applied a similar policy to interest income for some EU countries since 2005, generating 553.8 million Swiss francs ($541 million) for EU governments last year. Rising Taxes The U.K. plans to raise its top income tax rate to 50 percent from 40 percent next year. German Finance Minister Peer Steinbrueck has proposed boosting his country’s top rate to 47 percent from 45 percent, and U.S. President Barack Obama may restore a top rate of 39.6 percent, from the current 35 percent. Switzerland, which manages an estimated 27 percent of the world’s privately held offshore wealth, agreed in March to cooperate with foreign authorities on tax evasion probes to avoid being blacklisted as a tax haven by the Organization for Economic Cooperation and Development. The withholding tax may only apply to countries with double-taxation treaties with the Alpine nation. More than a dozen are being renegotiated. The current debate on secrecy and the unpredictability of taxes imposed by governments is luring some rich people to move to Switzerland, costing their home countries tax revenue, Hummler said. A withholding tax would prompt some customers to leave in search of tax havens, he said. “This is a small disadvantage because there won’t be any criminalization of our old clients, this is the most important issue,” said Hummler, who is president of the Swiss Private Bankers Association , which counts Pictet & Cie. and Lombard Odier & Cie. as members. Unlimited Partnership St. Gallen-based Wegelin, founded in 1741, increased client assets under management by 20 percent in the first half to 24 billion francs, Hummler said. That includes more than 2 billion francs of net new money. Wegelin advised clients to sell U.S. assets because it is an unlimited partnership and can’t afford the risk of increased liabilities at time when American tax authorities are cracking down on international banks, Hummler said. The U.S. has proposed increasing reporting and oversight requirements for so-called qualified intermediaries — foreign banks that withhold taxes on behalf of the Internal Revenue Service. At the same time, new rules may force the heirs of those who invest in the U.S. to pay estate taxes. “Every decision has an impact on our personal wealth,” he said. “We have an upside and a downside risk. This is very different from managers of other banks who have asymmetric risk, they have bonuses, and on the downside, nothing.” The IRS may not be considering its own downside risk as it imposes the new tax rules, Hummler said. “I have the feeling that the IRS is only calculating its revenue,” he said. “They are not calculating on the right hand side of the balance sheet what they have to pay for the debt.” To contact the reporter on this story: Warren Giles in Geneva at wgiles@bloomberg.net

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Swiss Secrecy Onslaught May `Criminalize’ Elites, Oldest Private Bank Says

September 24, 2009

By Warren Giles Sept. 24 (Bloomberg) — European leaders should give up the attack on Swiss banking secrecy and accept a withholding tax on foreigners to avoid criminalizing wealthy taxpayers, said Konrad Hummler , managing partner of Switzerland’s oldest private bank. “If there is really a desire to criminalize part of the elite in European countries, then it would be a bigger problem for these countries than for Switzerland,” Konrad Hummler said in an interview at the offices of Wegelin & Co. in Zurich. The “majority of European clients were not criminals but just diversifying away from their home country.” Swiss banks last week proposed the withholding tax in a bid to fend off the assault on secrecy by the U.S., Germany and France. The Swiss Bankers Association has forwarded the proposal, under which client identities would be known only to the banks, to the government for consideration. A withholding tax may prevent probes of the kind that netted former Deutsche Post AG Chief Executive Officer Klaus Zumwinkel , who confessed in January to using a Liechtenstein account to avoid taxes, Hummler said. That came after the German government paid a former employee of LGT Group, the bank owned by Liechtenstein’s ruling family, for bank records. “It’s quite an elegant way to try to solve the problem, not only for Switzerland but also for other countries,” said Hummler, who earlier this month told clients to sell U.S. assets or move their money to other banks. ‘Unacceptable Halfway House’ Swiss banks are proposing an “unacceptable halfway house” and leaders of the Group of 20 nations are unlikely to accept it, said John Christensen, a director at the London-based Tax Justice Network . “They are inadvertently confirming what everyone knows, which is that banking secrecy is hiding massive tax evasion by European elites,” Christensen said. “The public is pretty damn angry and those who are leading the attack on bank secrecy are in no mood to compromise.” The proposed tax on interest, dividends, capital gains and investment income could raise “billions per year” for foreign governments, according to the Swiss Bankers Association, which represents most Swiss institutions, including UBS AG and Credit Suisse Group AG . That may appeal to European governments, said Hummler, who first advocated a withholding tax in 2001. “Do they want to see cash, or are they ideologists who just want to be right?” he said. “Looking at their treasuries, I have the feeling that the cash argument is a good one.” Switzerland already imposes a withholding tax of 35 percent on interest payments to domestic customers. It has applied a similar policy to interest income for some EU countries since 2005, generating 553.8 million Swiss francs ($541 million) for EU governments last year. Rising Taxes The U.K. plans to raise its top income tax rate to 50 percent from 40 percent next year. German Finance Minister Peer Steinbrueck has proposed boosting his country’s top rate to 47 percent from 45 percent, and U.S. President Barack Obama may restore a top rate of 39.6 percent, from the current 35 percent. Switzerland, which manages an estimated 27 percent of the world’s privately held offshore wealth, agreed in March to cooperate with foreign authorities on tax evasion probes to avoid being blacklisted as a tax haven by the Organization for Economic Cooperation and Development. The withholding tax may only apply to countries with double-taxation treaties with the Alpine nation. More than a dozen are being renegotiated. The current debate on secrecy and the unpredictability of taxes imposed by governments is luring some rich people to move to Switzerland, costing their home countries tax revenue, Hummler said. A withholding tax would prompt some customers to leave in search of tax havens, he said. “This is a small disadvantage because there won’t be any criminalization of our old clients, this is the most important issue,” said Hummler, who is president of the Swiss Private Bankers Association , which counts Pictet & Cie. and Lombard Odier & Cie. as members. Unlimited Partnership St. Gallen-based Wegelin, founded in 1741, increased client assets under management by 20 percent in the first half to 24 billion francs, Hummler said. That includes more than 2 billion francs of net new money. Wegelin advised clients to sell U.S. assets because it is an unlimited partnership and can’t afford the risk of increased liabilities at time when American tax authorities are cracking down on international banks, Hummler said. The U.S. has proposed increasing reporting and oversight requirements for so-called qualified intermediaries — foreign banks that withhold taxes on behalf of the Internal Revenue Service. At the same time, new rules may force the heirs of those who invest in the U.S. to pay estate taxes. “Every decision has an impact on our personal wealth,” he said. “We have an upside and a downside risk. This is very different from managers of other banks who have asymmetric risk, they have bonuses, and on the downside, nothing.” The IRS may not be considering its own downside risk as it imposes the new tax rules, Hummler said. “I have the feeling that the IRS is only calculating its revenue,” he said. “They are not calculating on the right hand side of the balance sheet what they have to pay for the debt.” To contact the reporter on this story: Warren Giles in Geneva at wgiles@bloomberg.net

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Berkshire Hathaway Acquires Stake in Medical-Supply Maker Becton Dickinson

August 14, 2009

By Erik Holm Aug. 14 (Bloomberg) — Billionaire investor Warren Buffett ’s Berkshire Hathaway Inc . took a stake in Becton Dickinson & Co., the seller of syringes and laboratory equipment, in the second quarter as shares gained. Berkshire had 1.2 million shares of the Franklin Lakes, New Jersey-based medical supplies company at the end of the second quarter, the Omaha, Nebraska-based company said today in a regulatory filing listing U.S. stock holdings as of June 30. Buffett built a stock portfolio valued at more than $45 billion by betting on companies including soft-drink maker Coca- Cola Co. that he believes have competitive advantages and enduring brand popularity. Known as the “Oracle of Omaha,” Buffett, 78, is a cult figure among investors who mimic has stock picks. He drew a record 35,000 people to Omaha’s Qwest Center arena for the shareholders meeting this year. “When you have a history of investing success like Warren Buffett , anybody who doesn’t pay attention to what he’s doing in his stock portfolio does so at their own risk,” said Frank Betz , a partner at Warren, New Jersey-based Carret Zane Capital Management, which owns Berkshire shares. Buffett makes most of the investment decisions at Berkshire, while Lou Simpson , 72, manages the portfolio for car insurance unit Geico Corp. Buffett has cautioned investors against assuming all moves in the equity portfolio are his. Buffett, who is Berkshire’s chairman and chief executive officer, last week disclosed the sale of some of Berkshire’s ConocoPhillips shares in the quarter, and said the firm had divested an undisclosed number since June 30. ConocoPhillips, Moody’s A decline in the ConocoPhillips holdings contributed to Berkshire’s worst quarterly loss in at least two decades in the first three months of 2009 as Buffett worked to recover from what he called his “major mistake” of buying shares with oil prices near their peak. Berkshire said in a regulatory filing last week that the sale of the securities at a loss may help the firm recover $690 million in capital gains taxes paid in 2006. The proceeds from the ConocoPhillips sale may also be used for “other investment opportunities” and “to increase overall liquidity” at Berkshire, the filing said. Mutual funds and individual investors mimic the firm’s stock picks to duplicate Buffett’s investing success, and an academic study in 2007 found that using this strategy for 31 years would have delivered annualized returns of about 25 percent, double the return of the Standard & Poor’s 500 Index. Berkshire said in July that it cut its stake in Moody’s Corp. that month by 17 percent to about 40 million shares. Berkshire was required to disclose the sale before the end of this quarter because of regulations pertaining to ownership stakes as large as Berkshire’s was. Constellation Sale Berkshire had also previously disclosed the sale of its stake in Constellation Energy Group Inc. Berkshire’s MidAmerican Energy Holdings Co. acquired the shares last year as part of a termination package when Constellation broke an agreement to sell itself to Buffett’s firm for $4.7 billion. Investors can’t always be certain they have full information on Berkshire’s stock holdings because Buffett often receives U.S. Securities and Exchange Commission permission to delay disclosure to avoid copycat investing. Today’s filing lists equities traded on U.S. exchanges. Buffett discloses other holdings in annual reports and filings with non-U.S. regulators. To contact the reporter on this story: Erik Holm in New York at eholm2@bloomberg.net .

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