The Shocking Tax Evasion by US Billionaires

Published in Huanqiu
(China) on 30 September 2020
by Ma Fu (link to originallink to original)
Translated from by Enshia Li. Edited by Helaine Schweitzer.
Benjamin Franklin once famously said that “in this world nothing can be said to be certain, except death and taxes.” However, the richest people in America are able to use a series of legal methods and proper avenues to avoid taxes, and this is considered perfectly normal, even customary. Recently, The New York Times’ report on the fact that Donald Trump evaded taxes for many years sparked a wave of serious debate in America; it also drew the world’s attention to the problem of tax evasion in the U.S.

The U.S. actually uses a system of progressive taxation: the higher your income, the more you are taxed. Although there are some exceptions to this system, generally speaking, if you exceed a certain income bracket, you must pay taxes. However, the super rich in America are never taxed at a very high rate because they often use legal ways to avoid paying such taxes. This issue has only become more serious in recent years. In 2019, University of California Berkeley economists Emmanuel Saez and Gabriel Zuckerman found that in 2018, the 300 richest families in America were taxed at a rate of 23% on average. This is about the same as the rate at which the bottom half American families are taxed at 24.2% of their income. In contrast, the actual tax rate for the "400 richest people" in the United States in 1980 (as reported by Forbes Magazine) was 47%. In 1950, the rate was as high as 70%, while the effective tax rate of the bottom half has hardly changed over time.

The American upper class have various tools for evading taxes, some of which appear harmless.

One tool involves reporting huge business losses, a method which is exploited by many among the American upper class. They take advantage of huge losses when they calculate their business revenue, which not only exempts them from paying a single year’s worth of taxes but also taxes for the next few years. The New York Times reported that Trump’s business records showed continuous losses.

Another means of evading taxes involves retaining profits gained from multinational corporations under their overseas names. The domestic corporate business tax rate in the United States is as high as 35%, while the tax rate in some overseas tax havens may be as low as 3%. Many wealthy individuals register their own companies as offshore companies. Before the Tax Cuts and Jobs Act was introduced at the end of 2017, U.S. multinational corporations had to pay huge taxes when repatriating foreign profits to the United States. Therefore, many rich individuals choose to stash the huge profits of their multinational companies in these overseas tax havens. As of the end of 2017, U.S. multinational corporations had accumulated approximately $1 trillion in cash overseas.

The third way to evade taxes is to avoid paying inheritance tax through charitable donations. In the United States, the inheritance tax rate can reach 50%, regardless of whether it is classified as a gift or actual inheritance. However, the IRS stipulates that no tax can be imposed on charitable donations. As little as 5% of the money allocated for charitable donations can be donated each year. The remaining 95% of donations can be used for investment purposes. Investment profits are not taxed, and there is no need to disclose specific operating details. Therefore, many extremely rich people choose to set up a charitable trust fund in their later years, which is managed by their children and then donated to avoid high inheritance taxes.

An important means of regulating income distribution, taxation plays a very important role in closing the income gap. The tax evasion practices of the rich have definitely led to inequality in the United States in terms of taxation, something which is also reflected in the widening income distribution gap. According to a survey conducted by the U.S. Census Bureau, the Gini coefficient in the U.S. was 0.48 in 2018, a record high. Income inequality reached its highest level in more than 50 years.*

Some people describe the history of taxation in the United States as a struggle between those who want to tax the rich and those who want to protect their wealth. And the results? Efficient tax evasion. Today's wealthy Americans pay less in taxes than in the past, but this is also much less than they should pay. American society needs to think about this.

*Editor’s note: The Gini coefficient is a measure of the distribution of income across a population developed by the Italian statistician Corrado Gini in 1912.


本杰明·富兰克林曾经说过一句名言:“世界上只有两件事是不可避免的,那就是税收和死亡。”但是,对于美国的超级富豪们来说,通过一些所谓“合法”手段和“正当理由”避税,甚至是可以摆到台面上来的惯常操作。最近《纽约时报》调查特朗普“避税多年”的文章在美国掀起巨大争论,也再次引起大家对美国超级富豪们避税问题的关注。

美国实行的是累进税制,即收入越高,税率越高。尽管有一些税收减免政策,但都是有收入上限的,超过上限就失去了减免的资格。但美国的超级富豪们一直以来的税率并不高,他们总能通过各种各样的手段来“合法”避税。这一现象在近些年来愈加严重。加州大学伯克利分校的经济学家伊曼纽尔·赛斯和加布里埃尔·祖克曼2019年发布的一项调查发现,2018年美国400个最富有家庭的平均实际税率为23%,比美国底层50%家庭的24.2%还低一个百分点。相比之下,1980年“最富400人”(《福布斯》杂志评选的全美最富有的400人)的实际税率为47%,1950年这个比例甚至高达70%,而底层50%人口缴纳的有效税率几乎没有随时间变化。

美国富豪们的避税手段可谓多种多样,一些甚至还隐藏在温情的面纱之下:

一是通过申报巨额亏损来避税。在美国的富豪阶层中,采用这样避税手段的不在少数。他们通过手段将旗下的企业营业额申报为巨额亏损,这种做法不仅可以减免当年的税收,还能进行亏损结转,在未来数年抵扣税款,深受超级富豪们喜欢。《纽约时报》称特朗普的纳税记录显示其旗下的企业是巨额亏损。


二是通过把名下跨国企业的利润留在海外来避税。美国国内的企业营业税税率高达35%,而一些海外避税天堂国税率可能低至3%。许多富豪把自己名下企业注册在海外离岸中心。在2017年底推出“减税和就业法案”之前,美国跨国企业国外利润汇回美国本土要缴纳巨额税款。因此,许多富豪选择把名下跨国企业的巨额利润保存在海外。截至2017年底,美国跨国企业在海外积累了大约1万亿美元现金。

三是通过慈善捐款的手段来规避遗产税。在美国,遗产税征收比例高达50%,无论生前赠予还是死后继承都要征税。但是美国国税局规定对慈善捐款不征收任何税费,每年只需使用慈善捐款的5%,剩余的95%捐款可以用来投资,投资盈利也不征税,而且无需对外公布具体的运作明细。因此,许多超级富豪选择在晚年成立一个慈善信托基金,由子女掌管,然后捐款给这个基金会,以此来避免高额的遗产税。

税收作为调节收入分配的重要手段,对于缩小收入差距有非常重要的作用。富豪们的避税手段客观上导致美国在税收方面的“不平等”,也反映在美国近年来不断扩大的收入分配差距上。据美国人口普查局的调查,2018年美国的基尼系数为0.485,创历史新高,收入不平等达到50多年来最高水平。

有人把美国的税收史描述为“想要向富人征税的人和想要保护富人财富的人之间的斗争”。 斗争的结果不言而喻,富豪们通过各种手段实现了合理避税。今天美国的富豪们交的税不仅比过去少,也比他们该交的要少,这值得美国社会反思。(作者是中国社会科学院美国所学者)
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