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

Karoline Leavitt
Win McNamee/Getty Images

Karoline Leavitt Slammed After Suggesting Reports Of Deadly Strike On Iranian Girls' School Are Just 'Propaganda'

White House Press Secretary Karoline Leavitt was criticized after she rejected reports that the U.S. struck a girls' elementary school in Iran, killing 175 people, insisting in remarks to the press pool that it's just Iranian "propaganda" that they've "fallen" for.

Iranian state media and health officials said the strike occurred early Saturday morning in Minab, in the country’s southern Hormozgan Province. Journalists from international news organizations have not been granted access to independently verify the reported death toll or the circumstances surrounding the strike.

Keep ReadingShow less
Screenshots from @madswellness's TikTok video
@madswellness/TikTok

Woman Sparks Debate With Her Viral Hot Take That We Should 'Normalize Not Liking Dogs'

We're all different people with different interests, and it's perfectly okay that we like different things.

But there are some people who passionately, even vehemently, draw the line at other people liking or disliking dogs.

Keep ReadingShow less
Screenshots from @vanellimelli030's TikTok video
@vanellimelli030/TikTok

Model Accuses Fashion Brand Of Using AI To Recreate Her Looks For Ad Instead Of Hiring Her

There used to be laws in place for someone's likeness being used without their consent, and most certainly if their likeness was being used in an exploitative way for profit.

But now with the rise of AI-generated photographs, advertisements, and other digital products, the lines seem to have become muddied between the illegal stealing of someone's likeness and AI "inspiration."

Keep ReadingShow less
Screenshots from @anissahm15's TikTok video
@anissahm15/TikTok

TikToker Secretly Records Unhinged Spectrum Employee Screaming At Her For Trying To Cancel Her Service

Employees in commission-based positions are feeling increasingly pressured to acquire new clients, retain previous clients, and solve the issues their clients call in about with high satisfaction ratings.

Even though tensions are high, and the pressure they're feeling may be unrealistic for any one person to take, that doesn't give them the right to mistreat people who do not want to sign up or want to cancel.

Keep ReadingShow less
Screenshots from @hustleb***h's TikTok video
@hustleb***h/TikTok

Travel Influencer Posts Viral 'Hack' Using Hotel Coffee Maker To Wash Her Underwear—And We're Horrified

We've all worried about packing enough clothes when we go on a trip, especially when it's the really important stuff, like underwear and socks.

But travel influencer @tarawoodcox11 thoroughly grossed out the internet when she shared a hack for maintaining clean, or at least cleaner underwear, while on the go. The video was later shared by the TikTok platform @hustleb*tch where it went viral.

Keep ReadingShow less