Posts Tagged ‘Paul Krugman’

Hoarders, wreckers and the Accumulated Earnings Tax.

Wednesday, February 27th, 2013 by Joe Kristan

Instapundit notes idiocy in Connecticut:

Solzhenitsyn, who wrote about what happened to "hoarders and wreckers" in the USSR.

Solzhenitsyn, who wrote about what happened to “hoarders and wreckers” in the USSR.

IN SEPTEMBER OF 2010, I WROTE “They’ll be going after ‘hoarders and wreckers’ next.”

And now this:  In Connecticut, a “Hoarder’s Tax.”   “Rep. Betsy Ritter, a Waterford Democrat, not only has sponsored a “combined reporting” bill, but she has also proposed a hoarder’s tax. This would place a levy on liquid assets — companies with a lot of money in the bank — and dedicate the proceeds to job creation programs.”

Gee, I wonder why businesses are fleeing the northeast?

He might be bemused to learn that the federal tax law already has its own “hoarder’s tax”: The 20% “Accumulated Earnings Tax” of Section 531Section 532 explains how it works (my emphasis)

The accumulated earnings tax imposed by section 531  shall apply to every corporation (other than those described in subsection (b)) formed or availed of for the purpose of avoiding the income tax with respect to its shareholders or the shareholders of any other corporation, by permitting earnings and profits to accumulate instead of being divided or distributed.

Needless to say, taxpayers don’t self-assess this.  It’s generally imposed only when the IRS asserts it on audit.  I have only seen the IRS assert the tax once, and I have been in tax practice since 1984.

The tax, little-known outside of tax geek circles, and not well-known among us, goes all the way back to the earliest days of the income tax in 1913.  Political conditions may be coming together to wave this relic around again.  Consider this from influential left-side economist Paul Krugman:

So corporations are taking a much bigger slice of total income — and are showing little inclination either to redistribute that slice back to investors or to invest it in new equipment, software, etc.. Instead, they’re accumulating piles of cash.

So don’t be too surprised if the incoming Treasury Secretary and IRS Commissioner step up enforcement of this penalty tax.  Or, as Instapundit might say, “all is proceeding as I have foreseen.”*

*4th item.




Tax Roundup, 2/12/2013: Tax fraud, queens and princesses. And 21 lawyers!

Tuesday, February 12th, 2013 by Joe Kristan

Meanwhile, somewhere an ID thief is trying to get cash from an ATM with a peanut butter sandwich. reports:

A 6-year-old pupil at Symmes Elementary School in Riverview was asked to take her homework out of her backpack, according to Cpl. Bruce Crumpler of the Hillsborough County Sheriff’s Office.

The girl reached into her bag and pulled out a baggie containing 52 debit cards, Crumpler said.

The cards, which can be used as accounts for depositing tax refunds are commonly used by people who use stolen personal identities to file tax returns to obtain fraudulent refunds.

20130212-1Maybe she’s the little princess of tax fraud.  Meanwhile, the same has an update on Rashia Wilson, who allegedly proclaimed herself the “Queen of IRS Tax Fraud:”

Wilson may not have been the biggest player in Tampa’s income tax fraud explosion, but she was one of the most brazen — “flashy,” a sheriff’s investigator called her, “in your face about it.”

The affidavits show Wilson even had a picture of herself with a cool smile on her face, wearing an oversized jewel-encrusted pendant spelling out her first name as she held bundles of cash.


Easier than she thought, apparently.  She has been indicted on 57 federal tax fraud charges for collecting $1.3 million through fake tax returns, apparently claiming earned income credits and refundable education credits.  That should make the politicians think twice before they expand these fraud-ridden credits, but it won’t.


How many lawyers does it take to lose a tax case?  15.  At least that’s how many lawyers were listed on the losing side yesterday in Bank of New York Mellon Corp., a Tax Court case disallowing foreign tax credits in a tax shelter case.  Six lawyers are listed on the IRS side, for a total of 21.  The losing side was led by former IRS Chief Counsel B. John Williams.  If nothing else, the legal expense deductions should take a bite out of the losing side’s tax bill.  The TaxProf has more.


Iowa’s push for a 4.5% optional flat tax — which I call an “alternative maximum tax” — puzzles David Brunori ($link)

Many liberals in Iowa are complaining that a flat tax wouldn’t require the rich to pay their fair share, whatever that means. But a lot of those people seem more interested in soaking the rich than in helping the poor. Personally, I am much more in favor of reducing the tax burdens on the poor and dispossessed than I am in making rich people suffer.

     I think a flat income tax with few deductions (and a sizable exemption for low-income people) is the way to go. I’m unsure why the state would continue its horribly complicated personal income tax system that benefits return preparers, tax lawyers, and tax accountants.

It’s because of a peculiarity of Iowa politics.  The powerful lobbying group Iowans for Tax Relief opposes a repeal of the Iowa deduction for federal taxes paid.  ITR has shown that it can provoke successful primary challenges of Republican legislators who displease the Muscatine-based lobby.  Yet significant rate reduction is impossible if the deduction is retained.  Making the lower rate an “alternative” rather than a replacement appeases Muscatine, though at a cost in incoherence.


Will we see a revival in enforcement of the accumulated earnings tax?  The obscure depression-era tax on C corporations that retain cash in excess of their “needs,” as second-guessed by the IRS, is rarely asserted.  With left-side economists like Paul Krugman asserting that corporate cash-hoarding is one reason why the economy remains weak, don’t be surprised if his friends in the Obama administration try to revive enforcement of this archaic and foolish penalty tax. (Via Tyler Cowen).


William McBride, CBO Projections of Spending and Tax Credits (Tax Policy Blog):

As the chart below shows, mandatory spending represents the majority of the federal budget, and the part that has grown most dramatically in recent years.  Mandatory spending was about 10 percent of GDP for most of the 30 years prior to 2008.  It leapt to 15 percent of GDP in 2009 and now remains at 13.1 percent.  It is projected to increase to 14.1 percent of GDP by 2023.  Meanwhile, discretionary spending, on programs like defense, roads, and other infrastructure, is on a steady decline.  Discretionary spending is now 8.3 percent of GDP and set to go to a 50 year low of 5.5 percent of GDP by 2023.


No spending is really “mandatory.”  Congress and the President can always change the “mandatory” programs.  And they will, or we will face fiscal disaster and crushing taxes.


Paul Neiffer,  Farmer Filing Due Date Update

Yes.  Will Obama’s Call for Tax Reform Ring Hollow? (Jeremy Scott,

TaxGrrrl, A Beginner’s Guide To Taxes: Do I Need To Hire A Tax Preparer Or Can I Do My Return Myself?

William Perez, Finding the Right Filing Status

Patrick Temple-West,  Sandy damage leads to tax trouble, and more (Tax Break)

Peter Reilly,  Co-op Owner Wins Casualty Loss Appeal

Missouri Tax Guy, Safeguarding Financial Records

Brian Strahle,   Delaware’s NEW Voluntary Disclosure Program for Unclaimed Property:  Should You Utilize It?

Jack Townsend,  Good Faith as a Defense to Tax Crimes


The Critical Question:  Would a Carbon Tax and Corporate Tax Reform Taste Great Together? (Donald Marron, TaxVox).

Kay Bell, Man gets $161,392 erroneous tax refund.  And in this case he didn’t even ask for it.