The Editorial Board of the Wall Street Journal calls raising the top tax rate on capital gains to 43.4% the dumbest tax increase:
First, under current tax rules, all gains from investments are fully taxed, but all losses are not fully deductible. Losses can offset gains in any given year, but losses that exceed gains can only be offset against personal income up to $3,000. The preferential rate compensates for this asymmetry.
Second, gains in asset values aren’t adjusted for inflation, so investors who hold assets for an extended period pay taxes on increases that are partly illusory. Other parts of the tax code, including the income-tax brackets, are indexed for inflation, but not capital gains that arguably need it the most since assets are often held for decades.
Third, a capital-gains tax is a second tax on corporate income. A neutral revenue code would tax all income only once. But the U.S. also taxes business profits when they are earned, and President Biden wants to raise that tax rate by a third (to 28% from 21%). When a business distributes after-tax income in dividends, or an investor sells the shares that have risen in value due to higher earnings, the income is taxed a second time.
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The Congressional Budget Office says the revenue-maximizing rate for capital gains is about 28%. Other economists say it’s lower, and many think the ideal rate is zero. No one outside the fever swamps thinks it is more than 40%, much less the 55% or more that would apply in high-tax states if the Biden proposal becomes law.
Back when she was writing as Jane Galt, Megan McArdle noted that you can’t tax a corporation; you can only tax that corporation’s employees, shareholders, or customers:
When you say you’re going to “tax a corporation”, the corporation doesn’t go to the money farm to harvest some more cash to give to the government so we can expand job training for unwed mothers — some real person is going to pay that tax. When you put a tax on wages, such as social security or the unemployment tax, the employer doesn’t say, “oh, well, profits dropped 15% this year; better tell Merrill Lynch to issue a ‘sell’ rating” — they pay their employees less, both to lower the tax burden and to recover the lost profits. They hire fewer employees, because each employee is now more expensive. This costs real people money. When you up the corporate tax, either the employees pay, because the firm can’t afford as many of them; the customers pay, because the firms have to raise their prices to cover the taxes; or the shareholders pay because dividends are lower and the company is worth less. And before you liberal types start rubbing your hands in glee at the thought of those pained shareholders, keep in mind that the largest shareholders in companies are insurance companies, which invest in stocks in order to make the money they need to pay off when your house burns down; and pension funds, making the money to take picketing US Steelworkers off the streets and put them into good homes. The other big holders are mutual funds, which is what most of us have our 401(k)’s in. So when you say “I want to tax corporate profits”, try silently saying to yourself “so that Mom can sell the condo in Florida and move in with me.”
If the goal is “to redistribute money from the company’s richer owners, customers, and managers to its poorer employees,” then we already have a way to do that: “It’s a little thing I like to call the progressive income tax.”


