Ordinary income is taxed only once, at the personal level; capital gains are taxed twice, both at the personal level and at the corporate level.
Consider an individual, who owns a share of stock of a particular company. We’ll call this person Joe. This means that Joe owns a part of that company. In effect, he owns a share of the profit of the company. Let’s also say that this company has an employee. We’ll call him Bob. He represents the working class.
After all expenses but tax, the company has earned some amount of money. Let’s say that Joe’s share of the pretax earnings is $1 (based on the fact that he owns one share of stock).
There are two scenarios. First, the company could use the dollar to pay Bob additional compensation, the way that most working-class Americans derive their income. Alternatively, Joe could receive the money as a dividend distribution.
Let’s look at how taxes play out under each scenario.
If Bob receives the $1 as compensation, the company won’t have to pay taxes on the dollar. Paying employees is a pre-tax expense for businesses. However, Bob will have to pay ordinary income taxes on this money. Let’s say that his marginal tax rate is 35 percent (that’s probably a high estimate, but we’ll err on the side of conservatism). That means that Bob will pay $0.35 in income tax and he will get to keep $0.65.
Now, let’s consider the scenario where the company decided to pay a dividend with this pre-tax dollar. In this case, the company would have to pay taxes on the dollar. Let’s say that the company’s marginal tax rate is 35 percent. The company will pay $0.35 in corporate taxes and Joe will receive $0.65 in dividends. However, Joe will still have to pay a 15 percent tax on the dividend. Therefore, he will have to pay almost $0.10 of additional tax and will be left with only about $0.55.
In summary, if the company paid Bob $1 of compensation, he would get to keep $0.65 after tax. If the company used the same pre-tax dollar to pay Joe a dividend, he gets only $0.55 after tax, because the money is taxed both at the corporate level and at the individual level.
Although Joe’s tax rate looks to be 15 percent, the government actually nets almost 30 percent more money ($0.45 instead of $0.35)! So, if the taxes that the company paid on Joe’s share of the earnings are added to the 15 percent that Joe paid personally, the effective tax rate was actually 45 percent compared to Bob’s effective tax rate of 35 percent!
When people, including President Obama, say that those paying capital gains tax are paying less than those paying ordinary income tax, they are ignoring the fact that the capital gains have already been taxed at the corporate level. They are not mentioning that the 15 percent tax at the personal level is a second bite at the apple.
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