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The Zuckerberg Tax

Hugh Pickens writes "David S. Miller writes that when Facebook goes public later this year, Mark Zuckerberg plans to exercise stock options worth $5 billion of the $28 billion that his ownership stake will be worth and since the $5 billion he will receive will be treated as salary, Zuckerberg will have a tax bill of more than $2 billion making him, quite possibly, the largest taxpayer in history. But how much income tax will Zuckerberg pay on the rest of his stock that he won't immediately sell? Nothing, nada, zilch. He can simply use his stock as collateral to borrow against his tremendous wealth and avoid all tax. That's what Lawrence J. Ellison, the chief executive of Oracle, did, reportedly borrowing more than a billion dollars against his Oracle shares to buy one of the most expensive yachts in the world. Or consider the case of Steven P. Jobs who never sold a single share of Apple after he rejoined the company in 1997, and therefore never paying a penny of tax on the over $2 billion of Apple stock he held at his death. Now Jobs' widow can sell those shares without paying any income tax on the appreciation before his death — only on the increase in value from the time of his death to the time of the sale — because our tax system is based on the concept of "realization." Individuals are not taxed until they actually sell property and realize their gains and the solution to the problem is called mark-to-market taxation. According to Miller, mark-to-market would only affect individuals who were undeniably, extraordinarily rich, only publicly traded stock would be marked to market, and a mark-to-market system of taxation on the top one-tenth of 1 percent would raise hundreds of billions of dollars of new revenue over the next 10 years."

23 of 1,065 comments (clear)

  1. Job Creators by Anonymous Coward · · Score: 5, Funny

    If he has to pay taxes, how is he going to create jobs?

    1. Re:Job Creators by eggstasy · · Score: 5, Funny

      Jobs is dead, and as some would have it, God created him.

    2. Re:Job Creators by mjwx · · Score: 5, Informative

      Jobs is dead, and as some would have it, God created him.

      He was a Buddhist (not a very good one), he has no God.

      I'm certain this'll be modded down with the current spate of fanboy moderation going on.

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  2. Such systems have been proposed before by Scareduck · · Score: 5, Interesting

    and are uniformly shot down as a tax on wealth rather than income. And that is correct: it is, after all, an income tax, not a wealth tax. The author of this piece wishes us to ignore his sleight of hand. That is, this is not a bug, but a feature.

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    1. Re:Such systems have been proposed before by TubeSteak · · Score: 5, Insightful

      Alternatively, anything that allows the wealthiest to dodge their tax obligations should be looked at as a bug, not a feature.
      The founding fathers had a lot to say about the accumulation of wealth and the corrosive effect it has on society.
      And they would know, as they had seen the Aristocracies of Europe and their concentration of land ownership (wealth).

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    2. Re:Such systems have been proposed before by swalve · · Score: 5, Insightful

      So when my house appreciated up to nearly double during the boom, you'd have me paying taxes on that? Where am I going to get the money? Would you pay me back after it dropped in value?

    3. Re:Such systems have been proposed before by ortholattice · · Score: 5, Insightful
      So what is fundamentally wrong with a wealth tax?

      Actually, only the rich avoid a "wealth tax". For most people, their house represents the bulk of their wealth, and it is taxed annually at a percentage of its value. So effectively, ordinary people already pay a hefty "wealth tax". In some ways it is doubly unfair, because it also taxes the mortgaged part of that wealth that really belongs to the bank, not the person paying the tax.

      Why do we accept this wealth tax but not one on other assets? It is just another unfair loophole that benefits mainly the rich. If people were taxed on their net worth rather than just real estate value, people stressed out by their mortgage would see their taxes go down while rich people who can afford it would pay more.

      In Argentina, people are taxed a certain percentage of their net worth above a certain amount, so a "wealth tax" on all assets, not just real estate, is not unheard of.

    4. Re:Such systems have been proposed before by Grishnakh · · Score: 5, Insightful

      No, it isn't. "Income" is money that you earn. A bunch of pieces of paper saying you have an ownership in some company are not "wealth". Potential wealth, perhaps, but only when you actually sell those shares or exercise those options. Until then, they're nothing more than paper (or these days, bits on a computer somewhere).

      I'd like to tax rich people more just like anyone else, but taxing people based on what their possessions might be worth at some point in the future is ridiculous. Those possessions might also become worthless before they ever cash out. Look at all the "millionaires" during the dot-com boom that suddenly became broke after the bubble collapsed. Are you saying those people should all have paid hefty taxes based on that so-called "wealth" they owned? What about when it all became worthless because those silly companies all dried up and blew away when people finally realized their business plans were idiotic? Is the government going to refund billions of dollar in taxes when that happens?

    5. Re:Such systems have been proposed before by ArcherB · · Score: 5, Insightful

      Let's not ignore that, as the article points out, there's a loophole method of getting money from these investments in the form of loans using them as collateral.

      Don't these loans need to be paid back at some point? They're going to have to either sell their shares, or earn money from somewhere else, to pay that loan. When that happens, they have to pay tax.

      I was wondering that too. How do these loans get paid back?

      Either way, the answer is simple. Rather than having a tax system based on how much money a person makes, why not have a tax system based on how much money people spend? Jobs borrowed billions using his stock as collateral. What happened to that money? I'm going to take a guess and say he spent it at some point.

      With a tax on spending, no matter how much or how a person earns his income, it will get taxed when spent. Illegal alien? Money is taxed when it is spent. Drug dealer? Money is taxed when it is spent. Illegal gambler? Again, money is taxed when spent.

      Of course, there are problems. Buy crack from dealer, it's not likely he's going to charge you sales tax. Hookers will have the same issue. That lady that cleans your house... Again, yes, not all taxation based on services will be enforcible, but it will still be taxed when they spend it.

      A tax on spent money, aka a "Sales Tax" (doing the finger quotes here) will ensure that everyone pays taxes, no matter how good your accountant is, as there are no loopholes. The only way out is to save or invest, and well, you won't save forever. All money is spent at some point.

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    6. Re:Such systems have been proposed before by Trapick · · Score: 5, Informative

      As for the borrowing stuff - how is that supposed to work? So Ellison borrows against his shares (fair enough) and buys something with it. So now he has to pay back the loan. That payment needs to come from income, and for that he pays tax. Seems fair.

      Nah, you're not being nearly creative enough. Ellison has no income, you see, so he can't pay back his loan, so the bank collects on the collateral, cancels the loan, and now Ellison has $1 billion and the bank has $ 1.05 billion in stock (or whatever). Easy peasy.

  3. One more issue by Scareduck · · Score: 5, Interesting

    Calling this "mark to market" is horribly misleading, not only for the reason I cited above (it's actually a wealth tax, not an income tax) but also because a wealth tax would demand a substantial fraction of assets would have to be shed each year, thus diluting the market for that asset class. It becomes an Heisenbergian problem.

    A wealth tax assumes liquidity: for instruments such as REITs where the underlying asset is not itself terribly liquid (imagine, for instance, owning a shopping mall outright), how does one go about liquidating such a thing in part? Finding another partner? And then the next year, when the same thing has to happen again?

    Finally, the issue remains of incentives. France has a wealth tax, and the net result of this is that while it has collected $2.6 billion (equivalent), it has resulted in $125 billion in capital flight since 1998.

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    1. Re:One more issue by Grishnakh · · Score: 5, Insightful

      Yep, that's essentially the same thing. The problem with a wealth tax is that it requires you to make more income to pay the tax, or worse to sell off your property because you can't afford the taxes. For example, say some guy working as a barista inherits a nice $500k house from his parents when they die. He can afford to stay there as long as he keeps the heat and A/C set low, but in someplace with high property taxes like Texas, he can't afford to stay there at all because he can't afford the $20k/year taxes on the place. Why should he be forced to sell out (esp. if the market is bad, like right now), instead of being allowed to stay in the house his parents left him? So now he has to go sell the house, give a bunch of money to some no-good idiot realtor for doing nothing, and go buy some much cheaper place (again giving a big chunk to some no-good realtor, and paying a bunch in taxes), just so he can have a place to live (let's say he was living with his parents before, renting a room). That doesn't sound right to me.

    2. Re:One more issue by Grishnakh · · Score: 5, Insightful

      Why not? Who are you to decide where he should live? If his parents want to set him up with a paid-off house so he can live rent-free, why is that a problem? You think it's better that he give most of his income to a big apartment complex corporation instead?

    3. Re:One more issue by caitsith01 · · Score: 5, Funny

      It becomes an Heisenbergian problem.

      If Heisenberg has taught us anything, it's that all money problems can be solved by manufacturing huge quantities of crystal meth.

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    4. Re:One more issue by chebucto · · Score: 5, Informative

      Er, scratch that previous comment. Should have read the article. The people are moving out because their share holdings are being taxed. So the French wealth tax does have a negative effect.

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    5. Re:One more issue by aeoo · · Score: 5, Insightful

      Great post. I'd like to respond to some of your thoughts:

      a) The *truly* wealthy get hurt the most by far. The ruling class will not let anything like this to happen. Other posters moaned about this hurting the middle class is a load of baloney. A small wealth tax would allow for a significant reduction in income taxes, sales taxes, or deficits.

      The truly wealthy are only a tiny tiny minority of the population. All property claims function only by mutual consent of the public. So the wealthy, by themselves, are not really in a position to prevent a wealth tax from being instituted and collected. They need at least some amount of public support. They don't need anything close to unanimous support, but they at least need the support of say 10-20% of the population. They at least need an agreeable pool of people to hire mercenaries from, mercenaries who will defend their property by force from the disagreeing population. If no one at all is willing to defend the property of the wealthy, then the "wealthy" person is just one frail and fallible human being and is effectively powerless.

      So the public consent is a huge deal. If the public consent is widely withdrawn on moral grounds, then the amount of friction and struggle needed to maintain enormous wealth is going to skyrocket.

      b) Unless all jurisdictions do it, liquid capital will just move elsewhere (which is probably why wealth taxes are only widely used for real estate).

      This situation is similar to a thief fleeing the country. Yes, the thief may take a big hoard of gold with her, but she also takes all the thieving activities with her as well. It's a short-term loss and a long-term gain. As long as the country has sane, pragmatic and aware trade policies for dealing with other nations, there is no easy way for externally located super-wealthy to exploit people inside the nation who isn't consenting to exploitation.

      As long as people believe in themselves (which is a big if), they don't need the nanny-type super-wealthy to hand out jobs. Jobs exists purely as function of demand. If there is demand, there are jobs. The super-wealthy do not create jobs. Instead demand creates jobs and the super-wealthy position themselves as intermediaries between demand for goods and services and job creation. In computer network security terms, the super-wealthy is a man-in-the-middle attack on job creation. They interpose themselves between demand and job creation. But they don't interpose themselves purely by their own power. They do so with our willing, grudging, brainwashed, or apathetic consent.

      c) Some assets are hard to value. There are ways of doing this, but they are all ugly.

      True. But this isn't a real impediment. For example, we all know that going 120 miles per hour is dangerous on highways not purposefully designed for such speed. At the same time we also know that going 20 miles per hour is too slow. But where would we draw the line? Well, in reality it's not a problem. We draw an arbitrary line somewhere in a reasonable spot. Not everyone is going to agree. Not everyone will think it's perfect. But in these matters perfection is not necessary. You draw the line anywhere within reason and people will work with it. So does everyone agree that 75 miles per hour is the right number for the speed limit? Of course not. But it's within reason so for most people it's not something worth arguing about.

      Another example of this is age of consent for sexual intercourse. Obviously 5 year olds cannot give meaningful consent. And 25 year olds certainly can. But where would you draw the line? It seems like one of those "impossible" problems, but in reality it's very easy. In reality it actually doesn't matter that much. Be it 16 or 18 years of age, you just plop down some number which is somewhat arbitrary but also within reason, and people work with it.

      The point is that a system doesn't have to be

  4. You know what I like? by rsilvergun · · Score: 5, Insightful

    For years and years we read news stories about the amazing and complicated hoops accountants jump through to keep their wealth clients from paying money. Now we find out that all their doing is borrowing money at below market rates against untaxable assets. Nothing too complex, and it relies on a good 'ole boy network to approve the ultra low interest loans that make it all possible (I, for example, can't borrow at a rate low enough to get away with this).

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  5. Doesn't work by alphabetsoup · · Score: 5, Insightful

    Assume this year there is a stock market bubble, and I pay a huge tax this year. Next year there is a stock market crash, and I lose all my previous years gain. So what happens ? Government refunds me my tax ? What about interest on that tax ? Government pays it too ?

    Next problem, how do I pay this tax ? If my money is tied up in investments, how do I generate the cash to pay my tax ? Should we start paying our taxes using equity shares ?

  6. Re:What a country! by swalve · · Score: 5, Informative

    Of course she didn't, because she was his wife and as such, the co-owner of his property.

  7. No it is not. by khasim · · Score: 5, Informative

    Capital gains is a tax on the INCREASE in value. The BASE is not taxed a second time.

    If you invest $100 and you realize a gain of $50 on that, then the $50 is taxed as capital gains but the $100 is not taxed a second time.

  8. Ok so figure out a way to not screw other people by Sycraft-fu · · Score: 5, Insightful

    See here's the problem: You start taxing wealth, then you start taxing all kinds of shit. Your house would now not only have a property tax, it'd have a wealth tax. It goes up in value, you have to pay tax on there. You don't realize any of that gain, of course, but it still increased in value, at least in theory, and thus you owe money. Now imagine that during the real estate boom. You suddenly owe income tax on an additional $100,000 because our "wealth" increased that much in theory because your house went up.

    That's the thing is that having assets, having wealth, doesn't magically kick in at some number. Most of the middle class has some, just less than the rich. If you own any asset that appreciates in value, like a house, a retirement fund, etc, you have wealth. Maybe not much, but you have some. So anything that places a tax on having it is something that you'll be paying.

    Have to be careful of unintended consequences.

  9. Estate tax by QuincyDurant · · Score: 5, Insightful

    I don't begrudge Jobs or Zuckerberg their stock profits. Jobs took no salary and gambled that he could make the stock worth a bunch. He created a lot of employment and happy investors along the way.

    But I do think billion-dollar estates should be taxed--a lot. The wife and kids (if any) did not create wealth. They deserve money, but so do we. Otherwise, we pay their taxes for them. The government has to get money from somewhere.

    Half a billion is a nice inheritance. If it's not enough for the heirs, they could consider drastic measures, like getting a job.

    Zuckerberg will still be a rich man when he dies, and the government will still need money. The place for the taxpayers to catch up with him is from his estate.

    It's worth mentioning, too, that Zuckerberg has already made an eye-popping gift to New Jersey schools. Tax-deductible, no doubt, but still a praiseworthy act.

  10. Not to mention... by Shark · · Score: 5, Insightful

    mark-to-market system of taxation on the top one-tenth of 1 percent would raise hundreds of billions of dollars of new revenue over the next 10 years

    Let's be pretend that it's 999 billion dollars over 10 years (the upper margin of hundreds). That's 100bn/year. Deficit is close to 100bn *a month*... I'm not sure that tax is going to do better than encourage the government to spend more. I humbly propose that a tad more attention be put on lowering spending rather than increasing taxes.

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