Skip to content
Search AI Powered

Latest Stories

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

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

Is anyone really surprised?

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

According to Ryan Ellis, a tax lobbyist,

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

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

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

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

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

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

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

More from People/donald-trump

A photo of purse with "See you later" and a waving hand
Photo by Junseong Lee on Unsplash

People Break Down The Real Reason They Stopped Liking Someone But Never Told Them

Not every relationship is a forever deal.

Sometimes it's best to just let people go.

Keep ReadingShow less
Jordin Sparks; Halle Berry
Gary Gershoff/Getty Images; Kate Green/Amazon MGM Studios/Sony Pictures Entertainment/Getty Images

Fans Defend Jordin Sparks After She Publicly Asks Halle Berry To Read Her Screenplay About Menopause

You miss one hundred percent of the shots you don't take, and singer Jordin Sparks put that philosophy into action at the end of January.

Halle Berry has been a household name in Hollywood for the last few decades, and now in the middle of her life, she's loudly advocating for increased representation and awareness around women's health and women's experiences, especially what happens to a woman's body during perimenopause and menopause.

Keep ReadingShow less
Elon Musk; Sydney Sweeney
Fabrice Coffrini/AFP via Getty Images; Brianna Bryson/WireImage/Getty Images

Elon Musk Shares Bizarre AI Video Of Sydney Sweeney Weeks After Making Gross Comment About Her Body

Just weeks after 54-year-old Elon Musk was called out for making a creepy, juvenile AI video about actor Sydney Sweeney's breasts, he decided to promote the use of her likeness and voice to tout how great his X AI Grok Imagine—a text-to-video feature—is at making deep fakes.

The video, originally posted by another user, featured an AI created Sweeney on a spaceship speaking about Grok videos. The original prompt didn't specify Sweeney by name, leading many to wonder if Musk had altered Grok's responses again.

Keep ReadingShow less
'Marty Supreme' Star Exits New Film Amid Backlash To Her Casting As Mexican Character—And Her Response Is Going Viral
Michael Tran / AFP via Getty Images

'Marty Supreme' Star Exits New Film Amid Backlash To Her Casting As Mexican Character—And Her Response Is Going Viral

After a week of online backlash, actor Odessa A’zion announced last Wednesday that she has dropped out of Sean Durkin’s A24 film Deep Cuts.

Deep Cuts adapts Holly Brickley’s 2025 novel of the same name. Set in the 2000s, the story follows two music-obsessed twentysomethings navigating ambition, belonging, and adulthood during a formative decade.

Keep ReadingShow less
Paul Dano; Quentin Tarantino
Aurore Marechal/Getty Images; Kevin Winter/Getty Images

Paul Dano Finally Spoke Up After Quentin Tarantino Dunked On His Acting Skills—And His Response Is Everything

Quentin Tarantino's comments late last year about the skill of some actors were rude and unnecessary, but his comments may have done all of us a favor.

In 2025, Tarantino issued a barrage of insults toward Paul Dano, Matthew Lillard, and Owen Wilson, calling them weak actors, as well as people he didn't care for.

Keep ReadingShow less