23 April 2021
President Biden wants to nearly double the capital gains tax paid by wealthy Americans, as first reported yesterday by Bloomberg and confirmed by Axios.
Counterintuitive: Biden's plan is better for private fund managers (hedge, PE, VC, etc.) than what he proposed during the campaign.
By the numbers: Biden wants a 39.6% top rate on long-term cap gains, up from the current 20% rate, for those earning at least $1 million of annual investment income. He's also expected to maintain an ACA-related investment tax, bringing the federal toll to 43.4%.
- Key here is that Biden wants a capital gains rate at all, maintaining it as separate from ordinary income.
- During the campaign he pledged to eliminate differential treatment of cap gains for high earners, instead categorizing such monies as ordinary income. Among other things, it was a backdoor way to close the carried interest loophole, since it's predicated on a lower tax rate for capital gains.
Wait, how is this better? The White House doesn't really expect to get that 39.6% rate for cap gains, just like it didn't really expect to get a 28% corporate tax rate. It's a starting point for negotiations, with Axios' Hans Nichols reporting that the Democratic sweet spot somewhere closer to 30%.
- Yes, 30% is still way higher than the current cap gains rate.
- But it's significantly lower than the 39.6% that Biden also wants for top earners on their ordinary income, and which he's more likely to get because it's just a small bump that returns us to pre-2018 levels.
Profit-taking. No word yet on if a cap gains increase would be retroactive to 2021 taxes, or go into effect next year (as the corporate tax proposal would do). If it's the latter, and this becomes law, expect a lot of Q4 asset sales.
Caveat: All of this is part of Biden's second infrastructure proposal, but there isn't even yet legislative language on his first one (let alone a scheduled vote).
- Plus, still no word on if Democrats will insist on some sort of SALT suspension, so as to lighten the tax load on wealthy voters in states like California, New York, New Jersey and Massachusetts.
The bottom line: Everyone knew Biden planned to raise taxes on the rich. They didn't know that he might let carried interest continue being taxed at a lower rate than ordinary income.
Transcripts show George Floyd told police "I can't breathe" over 20 times
Section2Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.
Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.
The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.
- The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.
What the transcripts say:
- Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
- The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
- Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."
Read the transcripts via DocumentCloud.