[Congressional Record Volume 169, Number 197 (Thursday, November 30, 2023)]
[Senate]
[Page S5694]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. WYDEN (for himself, Ms. Stabenow, Mr. Brown, Mr. Casey,
Mr. Whitehouse, Ms. Warren, Mr. Schatz, Ms. Hirono, Ms.
Baldwin, Mr. Sanders, Mr. Merkley, Mr. Fetterman, Mr. Reed, Mr.
Welch, Ms. Smith, and Mr. Markey):
S. 3367. A bill to amend the Internal Revenue Code of 1986 to
eliminate tax loopholes that allow billionaires to defer tax
indefinitely through planning strategies such as ``buy, borrow, die'',
to modify over 30 tax provisions so that billionaires are required to
pay taxes annually, and for other purposes; to the Committee on
Finance.
Mr. WYDEN. Madam President, I am going to spend a few minutes
discussing the three words on this chart next to me: buy, borrow, and
die. These three little words are allowing billionaires across America
to legally get away with paying little or nothing in taxes for years
and years on end.
Here is how it works: A billionaire buys and holds assets, like works
of art, more houses than they can possibly live in, stocks and bonds,
you name it. They increase in value untaxed.
The billionaire then borrows against these assets to support a lavish
lifestyle, and they can borrow at a fraction of the consumer rate due
to the enormous holdings of these valuable assets. That loan is
untaxed. The billionaire's assets appreciate at a higher rate than the
interest on the loan--that is not hard to do. So the billionaire can,
essentially, do all of this until they die, and then their kids can
start all over again.
So let's now contrast buy, borrow, and die with the tax system in
America for firefighters and nurses. Nurses and firefighters, for
example, living in Philomath, OR, are required to pay taxes out of
every paycheck. Working people don't get to play by these billionaire
rules. They don't get to call up an army of high-priced lawyers and
accountants every time they don't feel like paying their taxes.
Right now, the average billionaire can wriggle their way into a low 8
percent tax rate while a nurse or a firefighter making $45,000 is
paying a 22 percent tax on their wages. Now, here is the gut punch for
everybody who is following this and works for a wage: Current buy,
borrow, and die practices under our tax law are perfectly legal. That
is a pretty sickening reality. Tax laws simply don't apply to
billionaires in the same way they do to firefighters and nurses.
Nurses, firefighters have mandatory tax rules. The billionaires can
pretty much pay what they want, when they want to. How is that fair?
Americans overwhelmingly believe it is not. So it is time to look to
solutions that restore fairness to the Tax Code while still rewarding
success. After all, that is what our country was founded on. We believe
deeply in success and the ethic of giving everybody a chance to get
ahead.
Luckily, there is a solution that achieves both fairness and economic
growth. Today, I, along with 15 other Members of the Senate, am
introducing the first comprehensive Billionaires' Income Tax that would
finally end buy, borrow, and die. This is going to put a stop to one of
the most common schemes billionaires can use to pay little or no taxes
for years and years on end.
Now, as to implementation of our bill, there is a way already on the
tax books that allows you to do it. In the Tax Code there are mark-to-
market rules and policies.
Now, for the tax wonks out there, people who think tax policy and its
root-canal-like pain are enjoyable, here are the sections: Mark to
market is in section 475, it is in section 877A, it is in section 1256,
and it is in section 1296. So there is your model. That is how you do
it. You use rules and policies that are on the books today, a blueprint
right in front of us to use as a model for taxing billionaires fairly.
Mark to market under the Billionaires' Income Tax would require
billionaires to pay taxes every year, just like those firefighters and
nurses. It is time to close the loopholes and make sure that everybody
at the very top is paying taxes on their income as it is earned, and
our Billionaires' Income Tax is the way to do it.
This Congress, our staff on the Finance Committee and I have
investigated a number of tax schemes that the very wealthy, with the
help of armies of tax lawyers and accountants, use to pay virtually no
Federal tax. The Finance Committee has investigated crooked Swiss
bankers hiding wealthy Americans' income; $34 billion in unpaid taxes
from the very wealthy, who won't even file a tax return--we are not
even talking about schemes, they won't even file a return; unpaid taxes
for millionaires; tax-dodging schemes between Leon Black and the
notorious Jeffrey Epstein; and Supreme Court Justice Clarence Thomas's
wealthy buddy secretly forgiving a massive private loan. Billionaires
looking to dodge their taxes are thriving today under the current tax
laws.
So I want a tax policy, as chairman of the Finance Committee, that
gives everybody in America the chance to get ahead. Our friend, our
former colleague, Senator Bradley from New Jersey--has a better jump
shot than I do--that is what he talked about, is opportunity, giving
everybody a chance to get ahead. Unfortunately, the flawed tax policies
that billionaires take advantage of promote wealth building in the
hands of a fortunate few.
This is leaving a lot of people behind. Over one-third of families in
America don't have the cash on hand to pay for a $400 emergency if they
had to. Meanwhile, during the pandemic, when families were forced make
tough choices between paying rent and buying groceries, billionaires
increased their wealth by over $1 trillion.
We have big needs in this country--obviously, the Medicare solvency
crisis. We have seniors at the risk of losing the Medicare guarantee
unless there is a way forward for paying for it. If Medicare becomes
financially insolvent, seniors and Americans who counted on those
guaranteed health benefits need look no further than billionaires, tax
cheats, and their Republican allies who refuse to say that the
billionaires could pay their fair share.
The Billionaires' Income Tax raises an estimated $557 billion over 10
years. If the ultra-wealthy started paying their fair share under my
Billionaires' Income Tax proposal, we could be on our way to making
Medicare financially sound, protecting the Medicare guarantee for
millions of Americans.
I am going to close with this: The Billionaires' Income Tax is not an
attack on success; it is a fundamental strike for fairness. We want a
successful economy, and to have a successful economy, you have to have
a Tax Code that ensures that everybody in America gets a fair shake,
and treats everybody fairly.
It is time, in my view, to close the gap between the billionaires at
the top and everybody else, and our Billionaires' Income Tax is a way
to make that happen.
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