A recent article in the OC Register discussed a $150 million house for sale in southern Orange County:
A rare 42-acre San Juan Capistrano estate known for decades as “Porcupine Hill” has hit the market for the first time for $150 million. . . .
Marketed as “Casa Grande,” the estate includes an existing 21,000-square-foot structure comprised of three apartments, offices and storage space completed in 2010 and permitted plans for a 38,000-square-foot main residence on a ridgeline with 360-degree views.
The plans, more than 40 years in the making, also include two 10,000-square-foot guest houses and unlimited maintenance quarters for the existing agribusiness.
While the future residences fall under Proposition 13, the agribusiness is taxed under the Williamson Act, offering reduced property tax savings based on production.
It is not at all obvious that farms should pay a lower tax rate than other businesses. Nor does it seem likely that this sort of “gentleman farmer” is what the legislature had in mind when they carved out those tax breaks for agriculture. Many young people are moving away from Orange County due to the high price of housing, and yet the state offers tax breaks to preserve a 42-acre “farm” in an area that is in desperate need of more housing.
In the past, I’ve discussed the fact that New York City often taxes the Manhattan condos owned by billionaires at much lower rates than the houses owned by blue collar workers in Queens. I’ve also discussed the fact that progressive politicians worked hard to repeal the federal luxury tax on large private yachts. Many of these politicians also favor the SALT tax deduction, which overwhelmingly goes to higher income people.
Both New York and California are theoretically “progressive” states, full of politicians that claim to favor a more egalitarian society. Perhaps they would argue that their representatives in Washington favor higher taxes on “corporations”, as if non-human entities could actually pay taxes. What can we infer about a politician’s values when they oppose high taxes on the consumption of the rich, but favor high taxes on investments made by the rich?
Some on the left would argue that the best way to tax the rich is through taxes on income and wealth. But those taxes can be evaded through clever tax avoidance schemes:
Say you own a successful business—so successful that your stake in it is worth $1bn. How should you fund your spending? If you pay yourself a wage of $20m a year, the federal government will collect 37%, or some $7.4m. So perhaps you should take a salary of $1 and sell $20m-worth of shares. If these were gifted to you upon founding the firm, the entire sum represents capital gains and will be taxed at 20%, which would mean a $4m hit. What if, instead, you called up your wealth manager and agreed to put up $100m-worth of equity as collateral for a $20m loan. In 2021 the interest rate on the loan might have been just 2% a year, meaning that returns from holding the equity, rather than selling it, would easily have covered the cost of servicing the borrowing. Because the proceeds of loans, which must be eventually repaid, are not considered income, doing so would have incurred no tax liability at all. . . . When the holder of an asset dies, the value for capital-gains assessments is “stepped up” from its purchase cost to its value at the time of death. In this way, “buy, borrow, die” does not simply defer capital-gains taxes—it can eliminate them entirely.

READER COMMENTS
Thomas L Hutcheson
Jul 22 2024 at 6:17am
“Many of these politicians also favor the SALT tax deduction, which overwhelmingly goes to higher income people.”
That would be proper under a progressive consumption tax, just like reinvestment of dividends or rolled over capital gain, or any other “non-consumption” expenditure. Of course the buy borrow die would not work under a progressive consumption tax because one would still pay a high tax rate on the consumption out of the borrowed funds.
Thomas L Hutcheson
Jul 22 2024 at 6:22am
Some jurisdictions have a “mansion tax,” a higher property tax rate on large properties. [I do not think that is a good idea unless the jurisdiction does not have an income tax.] But this Orange County tax break seems to be the opposite! Very anti-Georgist to say the least.
Rajat
Jul 22 2024 at 7:43am
FWIW, in Australia, for capital gains tax purposes, the beneficiary of an estate is deemed to have purchased the relevant asset at the price that the deceased paid for it originally. That is, CGT can’t be avoided by dying.
Scott Sumner
Jul 22 2024 at 12:25pm
That makes sense, but I’d add that the tax should be paid when the proceeds are consumed, not when the asset is sold.
Thomas L Hutcheson
Jul 23 2024 at 5:10pm
Like any other income that is not consumed like S&L taxes.
Matthias
Jul 28 2024 at 10:04am
We have an even better system in Singapore: no capital gains taxes.
Addicted
Jul 22 2024 at 11:55am
Progressives in Congress are against SALT deductions.
But there’s nothing progressive in being against SALT deductions.
1. It’s not clear why for federal tax purposes, income that is paid to a U.S. government itself, should be considered income. U.S. state, local and federal governments all work very closely with massive amounts of money transfer between them. A lot of federal goals are achieved through state governments and a lot of state activities are achieved through federal monies.
2. The United States are setup as a federation of states. These states are also competitive with each other. A national progressive politician shouldn’t just consider the direct impact of a SALT deduction (or the elimination of the SALT deduction) but the overall signals and incentives it sets. And eliminating the SALT deduction sets up massive incentives for states to reduce their own local taxation, especially on the richest who can easily establish domicile in whichever state they’d like, and instead of paying for their own expenses, depending on handouts from the federal government to run their jurisdictions.
This would lead to an overall reduction in taxes on the richest.
We won’t see this as a literal cutting of State taxes, but we will, and already are, seeing it in the massive hesitancy states are displaying in raising taxes to provide new services.
Scott Sumner
Jul 22 2024 at 12:29pm
“And eliminating the SALT deduction sets up massive incentives for states to reduce their own local taxation, ”
You say that like it’s a bad thing. Seriously, it makes sense for states to consider the full cost of activities when decided whether to undertake them. If new road costs $100 million, it should only be build if the benefit is at least $100 million. With the SALT deduction, it might make sense for the state to build it even if the benefit were only $80 million.
nobody.really
Jul 22 2024 at 3:59pm
The rationale for SALT deductions is the same rationale for deducting business expenses: Taxes should be assessed on NET income.
The archtypical SALT is a tax financing education. States with high SALT taxes tend to be the states with high education levels and high earnings. I bet the feds would be delighted to grant SALT deductions if this would encourage every state to invest in education and generate the kind of federal tax revenues that high-SALT states generate.
Some will fault this analogy by arguing that the SALT often finances things that seem unrelated to earnings. Perhaps so–much like it can be difficult to find a causal connection between the cost of remodeling the boss’s office and the productivity of the firm. Yet firms get to deduct those remodeling costs anyway. By analogy, taxpayers should get to deduct their SALT payments.
A. Lee
Jul 25 2024 at 12:39pm
The state spending the least per student is Utah at $9,552. 93% of Utah’s population completed high school and 61.1% have post high school education. Thus various ratings put Utah somewhere between 13th and 3th in ranking states by education.
This would suggest that there is a problem with evaluating states based on the amount spent per student.
nobody.really
Jul 26 2024 at 11:30am
Utah has the 14th highest spending per capita among the 50 US states. The mere fact that spending is not labeled “education” does not mean it lacks a relationship to productivity.
steve
Jul 22 2024 at 1:10pm
Interesting that the unhappiness is directed at the progressive politicians who tax wealthy property owners at a lower rate. What seems consistent is that wealthy people in general have many ways to avoid taxes that are not available to everyone else.
Steve
David Seltzer
Jul 23 2024 at 9:15am
Steve: “What seems consistent is that wealthy people in general have many ways to avoid taxes that are not available to everyone else.” Curious statement. In 2018, 97% of federal income taxes were collected from about half of the taxpayers, according to March 2021 Senate Budget Committee testimony by the Tax Foundation. Top 1% pay almost 40% of federal tax revenue. Bottom half pay about 3% of federal income taxes. Doesn’t seem like the wealthy are avoiding taxes. Are the bottom half who pay about 3% free riding? Just sayin’ .
Thomas L Hutcheson
Jul 23 2024 at 5:17pm
The number I’d like to see is tax as a percent of consumption. I have no problem with quite steep rates on consumption. That incentives saving, investment and growth.
Scott Sumner
Jul 23 2024 at 7:06pm
Not everyone above the median income is “wealthy”.
David S
Jul 23 2024 at 3:19pm
Large areas of privately owned land in New Hampshire can be classified by the owners as “current use” which is a condition that implies current or future agricultural purposes–which the owners are actually never obligated to realize. Current use also creates a lower tax rate for the owners–who tend to be wealthier and possibly non-permanent residents. Such tax dodges are actually supported broadly because most residents, regardless of income, hate any type of development.
Gregory A Pakela
Jul 25 2024 at 9:48am
It makes the case for a flatter tax on all income. Loans for the purpose of consumption and not a specific business investment or a housing mortage should also be taxed. If politicians of all stripes had any brains (which they don’t except when it comes to cashing out on their influence) they would establish a non-partisan commission of tax experts, auditors and accountants and go through the tax code with a fine tooth comb and reduce it by 90 to 99%. The result would be fewer exlusions and lower rates.
Matthias
Jul 28 2024 at 10:07am
What you suggest doesn’t sound like it would help with (re-) election.
Why do you assume politicians are dumb?
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