The tax policy wonks, the presidential campaign followers, and many others are grinding out the commentary about Willard "Mitt" Romney's tax return, which hit the intertubes yesterday, all 203 pages of it. One of the things folks are focusing on is the candidate and his wife's effective (average) rate of tax -- an obvious indicator of whether the guy's paying a fair share of his income to support the federal government. But we think that most of the media commentators have got the rate a little too high, because they're looking at the wrong taxes.
The writers, including at both Timeses (L.A. and N.Y.), say that Romney's tax rate in 2010 was 13.9%. But they're counting self-employment tax in there, and that's not included in what most people think of when you ask them their federal income tax rate. Self-employment tax all goes to Social Security and Medicare, and for most folks, that sort of tax is sent off to the federal government as "FICA" -- taken out of their paycheck (matched by their employers), and never appearing on their tax returns at all. And so we don't think it's really fair to be taking that tax into account when computing the Rommeister's tax rate. (They're probably also including the payroll tax that the Romneys paid toward their household servants' Social Security and Medicare, which is also not what most people would think of as the couple's federal income tax.)
In 2010, the Romneys forked over $29,150 of self-employment tax on self-employment income of just under $594,000 -- around 4.9% of that income, all of which went to Social Security and Medicare. (It was actually 15.3% on the first $108,800 of self-employment income, and 2.9% on the rest.) The payroll tax on the household servants was $4,270.
If you leave self-employment and payroll tax out of the equation -- the way most people do when they talk about federal income tax -- the Romneys' tax was $2,976,345, on gross income of $21,661,344. That works out to an effective tax rate of 13.7404%.
Even after taking his deductions and getting hit by the alternative minimum tax (which even upper-middle-class folks like ourselves pay), Romney made out like a bandit. His taxable income was $17,120,067, and his tax was $2,976,345. You math majors out there already have the rate: 17.39%. Not bad.
Comments (15)
Would that be about the same that John Kerry paid?
But, but... Mitt is my free market hero! I will gladly give up approximately 47% in taxes when I get my annual bonus. I understand that's my punishment for working for someone else and not being a "Job Creator" or "Layoff/Outsourcing Titan of Industry"...
So he paid $2.9 million in federal taxes yet he "made out like a bandit." What number would you consider fair?
Most government services that we value are provided by state/local governments and special districts -- schools, parks, libraries, police, fire, etc. So if we forced "rich people" to pay more in federal taxes, what would any of us get in return? More fed pork for light rail or subsidized solar energy firms? A larger HUD or Commerce dept?
I'm not a Romney fan, but as long as his tax returns are legal, I'm not sure what the concern is about his tax payments. He didn't write the fed tax code.
"Romney made out like a bandit. His taxable income was $17,120,067, and his tax was $2,976,345. You math majors out there already have the rate: 17.39%. Not bad."
Or put another way, Romney's almost $3 million in federal income tax was more in federal income tax than was probably paid by everyone who reads this blog put together.
Was there anything illegal about positions Romney took on his return? If not, you're complaining either about the present tax Code, which Romney followed but certainly didn't write, or that you don't like the fact that he made so much money.
The same people that "made out like bandits" also financed congress to write the current tax law- so although technically legal- a huge slap in the face to a democratic society.
It is also technically legal for members of congress to trade on inside information- is that OK too?
I still do not get the logic of taxing long term CG at a lower rate than regular income. A wise man, who read from the code daily, taught me that "income is any benefit what whatever source derived."
I remember that but keep forgetting the years my kids were born.
And for us under the 7 figure mark self employment tax of 15% vs. the 8 point something in FICA is brutal. S - Corp anyone?
And apparently Romney's kiddos pay an even lower rate than Mittens, a nice benefit of estate planning for the super rich.
I'm sure Jack can correct this if I misunderstood what Pulitzer prize winning reporter David Cay Johnston of Reuters was reporting on CNN.
DCJ: "The Romneys gave $100 million to their sons and paid not one penny of gift tax...last night, Brad Malt, the attorney for the Romneys, confirmed to Reuters that we were correct. They have not paid a penny of gift tax. That's because Congress allows a very tiny group of people — the Romneys by their income are in the top 1% of the top 1% — to not count as having any value the real source of their income, something called carried interest, if they give it to their children."
Of course these patriotic job creators will have to start paying their 15% when they start taking income from their blind trust, but their $100 million seed money is tax free.
In all seriousness, I don't begrudge these people their extreme wealth. I've been known to buy a lottery ticket now and again on the off chance I get struck by lightning and end up with a fraction of their wealth.
However, it is absolutely ridiculous that these people are taxed at a lower rate than teachers, firefighters, factory workers and the other 99%.
Beef up the estate tax and either raise the rate on capital gains or put in place a sturdier alternative minimum tax that ensures that the wealthiest American are paying at least as high a rate as the middle class. 30% sounds like a good starting point.
Gift tax is a whole different tax from the income tax. I do not have the Romneys' gift tax returns, and I have no idea what they may have paid or not paid.
With gift tax and estate tax, the game that's played is to give your loved ones things that are expected to grow in value, before they grow. The tax is imposed on the value at the time of the transfer -- future growth of the assets in the kids' hands is gift (and estate) tax-free.
The IRS wimped out on taxing "carried interests" like Mitt's (and Original Bob's) under the income tax a few decades ago. I am unaware of the IRS's position on transfers of those interests for gift tax purposes. Just because the Romneys didn't pay gift tax doesn't mean they were right; and the statute of limitations may still be open, depending on what they disclosed to the IRS and when.
So Jack, what with you teaching tax law and all, could you point out the places where he cheated?
After all, I'm sure that you're familiar with the quote from Justice Learned Hand about how no one is required to pay even a dime more than they legally owe.
I'm equally sure that he didn't do his taxes via TurboTax like our esteemed Treasury Secretary. I'm sure his taxes were done by high powered tax attorneys. Maybe even some that you trained.
I haven't heard anyone here or in the media accuse Romney if cheating. It seems most people talking about Mitt's returns have a problem with a system, put in place by wealthy members of congress, that allows a mega millionaire to pay a much lower rate than us working stiffs.
Charamba, Douro 2008
Horse Heaven Hills, Cabernet 2010
Lorelle, Horse Heaven Hills Pinot Grigio 2011
Avignonesi, Montepulciano 2004
Lorelle, Willamette Valley Pinot Noir 2011
Villa Antinori, Toscana 2007
Mercedes Eguren, Cabernet Sauvignon 2009
Lorelle, Columbia Valley Cabernet 2011
Purple Moon, Merlot 2011
Purple Moon, Chardonnnay 2011
Abacela, Vintner's Blend No. 12
Opula Red Blend 2010
Liberte, Pinot Noir 2010
Chateau Ste. Michelle, Indian Wells Red Blend 2010
Woodbridge, Chardonnay 2011
King Estate, Pinot Noir 2011
Famille Perrin, Cotes du Rhone Villages 2010
Columbia Crest, Les Chevaux Red 2010
14 Hands, Hot to Trot White Blend
Familia Bianchi, Malbec 2009
Terrapin Cellars, Pinot Gris 2011
Columbia Crest, Walter Clore Private Reserve 2009
Campo Viejo, Rioja, Termpranillo 2010
Ravenswood, Cabernet Sauvignon 2009
Quinta das Amoras, Vinho Tinto 2010
Waterbrook, Reserve Merlot 2009
Lorelle, Horse Heaven Hills, Pinot Grigio 2011
Tarantas, Rose
Chateau Lajarre, Bordeaux 2009
La Vielle Ferme, Rose 2011
Benvolio, Pinot Grigio 2011
Nobilo Icon, Pinot Noir 2009
Lello, Douro Tinto 2009
Quinson Fils, Cotes de Provence Rose 2011
Anindor, Pinot Gris 2010
Buenas Ondas, Syrah Rose 2010
Les Fiefs d'Anglars, Malbec 2009
14 Hands, Pinot Gris 2011
Conundrum 2012
Condes de Albarei, Albariño 2011
Columbia Crest, Walter Clore Private Reserve 2007
Penelope Sanchez, Garnacha Syrah 2010
Canoe Ridge, Merlot 2007
Atalaya do Mar, Godello 2010
Vega Montan, Mencia
Benvolio, Pinot Grigio
Nobilo Icon, Pinot Noir, Marlborough 2009
Portuga, Rose 2011
Revelation, Chardonnay, Pays d'Oc 2010
Beaulieu, Cabernet, Rutherford 2005
Monte Alto, Tinto Reserva 2005
Chateau Ste. Michelle, Cabernet, Indian Wells 2009
Espiral, Vinho Rose
Vin-Koru, Pinot Gris 2011
14 Hands, Hot to Trot Red 2009
Rodney Strong, Cabernet, Sonoma 2009
Abacela, Vintner's Blend #11
Portuga, White 2010
La Bourgeoisie, Red 2009
Januik, Red 2009
Three Rivers, River's Red 2008
Kirkland, Alexander Valley Merlot 2008
Muga, Rioja Rose 2010
Quinta das Amoras, Vinho Tinto 2009
Mauro Molino, Barbera d'Alba 2009
Garda Chiaretto Rose
Columbia Crest, Two Vines Vineyard 10 White
Chateau Ste. Michelle, Pinot Gris, Columbia Valley 2009
L'Hortus, Rose de Saignee 2010
Maculan, Pino & Toi 2008
McKinley Springs, Bombing Range Red 2008
Trader Joe's Pinot Gris 2009
Montes Alpha, Cabernet 2007
Gran Sasso, Sangiovese, Terre di Chieti 2009
Garda, Classico Chiaretto Rose
Beaulieu, Cabernet, Rutherford 1999
Picos del Montgo, Tempranillo 2008
Chateau de Montmirail, Vacqueyras 2008
La Granja 360, Syrah 2009
Montgras, Carmenere Reserva 2009
Lange, Pinot Gris 2009
Columbia Crest, Horse Heaven Hills Cabernet 2008
Kirkland, Pinot Grigio 2010
Trader Joe's Coastal Syrah 2009
Columbia Crest, Horse Heaven Hills Merlot 2008
Trader Joe's Coastal Chardonnay 2009
Vieux Papes Red
Domaine de l'Aujardiere, Chardonnay 2009
Santa Rita, Cabernet, Medalla Real 2007
Penfold's, Koonunga Hill Shiraz Cabernet 2008
Guild, Red, Lot #02 2008
Dievole, Dievolino Sangiovese 2008
Laforet, Burgogne Chardonnay 2009
Columbia Winery, Merlot 2007
Bonterra, Cabernet 2008
Elk Cove, Pinot Gris 2009
Maquis Lien 2006
Scott Paul, Pinot Noir, Le Paulee 2007
The Occasional Book
Neil Young - Waging Heavy Peace
Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
Timothy Egan - The Big Burn
Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
Fyodor Dostoyevsky - The Brothers Karamazov
Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt
Road Work
Miles run year to date: 21
At this date last year: 52
Total run in 2012: 129
In 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269
Comments (15)
Would that be about the same that John Kerry paid?
Posted by jerry | January 25, 2012 6:43 AM
Oh, yeah - Mr. Teresa Heinz.
Maybe we can dig up Jack's in-depth analysis about the tax return of his pick for 2004: the Silky (very ill, now) Pony.
Posted by cc | January 25, 2012 8:59 AM
I have to disagree with your excluding FICA.
If it's part of my pay and the government takes it then it's a tax, period.
Posted by tankfixer | January 25, 2012 9:45 AM
But, but... Mitt is my free market hero! I will gladly give up approximately 47% in taxes when I get my annual bonus. I understand that's my punishment for working for someone else and not being a "Job Creator" or "Layoff/Outsourcing Titan of Industry"...
Posted by TKrueg | January 25, 2012 11:03 AM
Romney is also part of the slimy group that stole most of Howard Hughes empire and have been profiting from it ever since.
Posted by Ralph Woods | January 25, 2012 12:02 PM
So he paid $2.9 million in federal taxes yet he "made out like a bandit." What number would you consider fair?
Most government services that we value are provided by state/local governments and special districts -- schools, parks, libraries, police, fire, etc. So if we forced "rich people" to pay more in federal taxes, what would any of us get in return? More fed pork for light rail or subsidized solar energy firms? A larger HUD or Commerce dept?
I'm not a Romney fan, but as long as his tax returns are legal, I'm not sure what the concern is about his tax payments. He didn't write the fed tax code.
Posted by John Charles | January 25, 2012 12:09 PM
"Romney made out like a bandit. His taxable income was $17,120,067, and his tax was $2,976,345. You math majors out there already have the rate: 17.39%. Not bad."
Or put another way, Romney's almost $3 million in federal income tax was more in federal income tax than was probably paid by everyone who reads this blog put together.
Was there anything illegal about positions Romney took on his return? If not, you're complaining either about the present tax Code, which Romney followed but certainly didn't write, or that you don't like the fact that he made so much money.
Posted by The original Bob W | January 25, 2012 12:10 PM
The same people that "made out like bandits" also financed congress to write the current tax law- so although technically legal- a huge slap in the face to a democratic society.
It is also technically legal for members of congress to trade on inside information- is that OK too?
Posted by Ralph Woods | January 25, 2012 2:36 PM
What number would you consider fair?
$6 million.
Posted by Jack Bog | January 25, 2012 3:21 PM
you're complaining either about the present tax Code, which Romney followed but certainly didn't write
He abused the capital gain provisions of the tax law with his "carried interest" schemes. Just like the ones you use, Bob.
Posted by Jack Bog | January 25, 2012 3:22 PM
I still do not get the logic of taxing long term CG at a lower rate than regular income. A wise man, who read from the code daily, taught me that "income is any benefit what whatever source derived."
I remember that but keep forgetting the years my kids were born.
And for us under the 7 figure mark self employment tax of 15% vs. the 8 point something in FICA is brutal. S - Corp anyone?
Posted by Travis | January 25, 2012 6:24 PM
And apparently Romney's kiddos pay an even lower rate than Mittens, a nice benefit of estate planning for the super rich.
I'm sure Jack can correct this if I misunderstood what Pulitzer prize winning reporter David Cay Johnston of Reuters was reporting on CNN.
DCJ: "The Romneys gave $100 million to their sons and paid not one penny of gift tax...last night, Brad Malt, the attorney for the Romneys, confirmed to Reuters that we were correct. They have not paid a penny of gift tax. That's because Congress allows a very tiny group of people — the Romneys by their income are in the top 1% of the top 1% — to not count as having any value the real source of their income, something called carried interest, if they give it to their children."
Of course these patriotic job creators will have to start paying their 15% when they start taking income from their blind trust, but their $100 million seed money is tax free.
In all seriousness, I don't begrudge these people their extreme wealth. I've been known to buy a lottery ticket now and again on the off chance I get struck by lightning and end up with a fraction of their wealth.
However, it is absolutely ridiculous that these people are taxed at a lower rate than teachers, firefighters, factory workers and the other 99%.
Beef up the estate tax and either raise the rate on capital gains or put in place a sturdier alternative minimum tax that ensures that the wealthiest American are paying at least as high a rate as the middle class. 30% sounds like a good starting point.
Posted by 5th Gen Oregonian | January 25, 2012 10:24 PM
Gift tax is a whole different tax from the income tax. I do not have the Romneys' gift tax returns, and I have no idea what they may have paid or not paid.
With gift tax and estate tax, the game that's played is to give your loved ones things that are expected to grow in value, before they grow. The tax is imposed on the value at the time of the transfer -- future growth of the assets in the kids' hands is gift (and estate) tax-free.
The IRS wimped out on taxing "carried interests" like Mitt's (and Original Bob's) under the income tax a few decades ago. I am unaware of the IRS's position on transfers of those interests for gift tax purposes. Just because the Romneys didn't pay gift tax doesn't mean they were right; and the statute of limitations may still be open, depending on what they disclosed to the IRS and when.
Posted by Jack Bog | January 25, 2012 10:39 PM
So Jack, what with you teaching tax law and all, could you point out the places where he cheated?
After all, I'm sure that you're familiar with the quote from Justice Learned Hand about how no one is required to pay even a dime more than they legally owe.
I'm equally sure that he didn't do his taxes via TurboTax like our esteemed Treasury Secretary. I'm sure his taxes were done by high powered tax attorneys. Maybe even some that you trained.
Posted by John D | January 25, 2012 11:42 PM
I haven't heard anyone here or in the media accuse Romney if cheating. It seems most people talking about Mitt's returns have a problem with a system, put in place by wealthy members of congress, that allows a mega millionaire to pay a much lower rate than us working stiffs.
Posted by 5th Gen Oregonian | January 26, 2012 7:26 AM