Tag Archives: social security

Rich folks aren’t taxed because they have no income; you can do some of this too.

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Two tax questions: (1) How do the top rich people manage to pay such low taxes, e.g. Warren Buffett paying at 0.1%. and (2) why do these rich folks campaign for higher taxes. Warren Buffett has campaigned for higher taxes for 50 years. These questions seem perhaps related.

I got my tax data from a public tax advocacy group, ProPublica. In 2021 they received the tax filings for many important people including the 25 US richest from the years 2014 to 2018. They find that these individuals paid a total of $13.6 billion in federal income tax while their wealth rose a collective $401 billion, go here for more. Dividing the numbers, we see an average income tax rate of only 3.4%, with Warren Buffett paying the least, 0.1%. This is far less than the “half of the rate that my secretary pays,” that Buffett likes to claim.

The reason these people pay so little tax is that their taxable income is zero. They use a very wide variety techniques to do this. Among these are charitable foundations, including those that lobby for higher taxes and against climate change. The foundations buy private planes and send the founders (and their families) to climate change events in the South of France or Davos, Switzerland. “Pro-tax” foundations hire tax accountants to research ways that the rich avoid taxes, often the founders then use these methods while speaking out against others who do the same. Bezos was so successful at avoiding income that he got welfare payments in two of the five years, ProPublica found. Soros and his son got $2,400 in COVID payments. They had almost no income. The one tax all these folks hate is tariffs because it is almost impossible to buy new, expensive things from abroad while avoiding them. See my essay, “Tariffs are inflationary, but not on you.”

Another advantage of a charitable foundation is that 74% of your donation can offset capital gains. You have to itemize your donations, but If you give $1 million to your foundation, you can use it to offset $740,000 of stock appreciation earnings. Not a bad deal. You can also use any stock losses against gains. Thus, it’s a good idea, if you itemize, to sell some losing stocks when you sell gainers (while holding on to other gainers, of course.) All of this is only available to those who itemize, and it’s only the rich who benefit by itemizing.

Borrowing money against your assets is another popular tax avoidance scheme, one that ordinary folks could use (but don’t over-do it*). The scheme is often called “Borrow, Buy, Die.” You borrow a large sum against your assets (your home, your stocks, or options –Musk has lots of Tesla options, etc). You then use the borrowed money to purchase property, typically: a vacation home, rental properties, a hotel, or a car. If you structure the purchase right, the interest can be deducted from any other earnings you have including rents. You then have no taxable income, or a lower income while the property appreciates. You can often structure the purchase so that depreciation can be deducted against income as well. Meanwhile, you get to drive the car, live at the vacation home, or rent it as an Air B&B, or stay at the hotel for free.

You live this way until you die. When you die, your heirs get the asset, but they are not taxed on the appreciation. The asset is transferred at its value at the time of death. You’ve avoided paying all the income tax you’d have to pay if you were to sell before death. Most home-owners do this on a small scale: They borrow to buy their home or the building where their business is. Or borrow to buy a vacation home or income property. They use through their life-time, deducting the interest, then leave it to their kids. There is no inheritance tax on most homes or small businesses, and the asset appreciates year to year. Both Nixon and Obama proposed eliminating this loophole by taxing appreciation at death. This would be a lot fairer than the current inheritance tax that is full of loopholes, and unfair when it works. If your parent bought a $10,000,000 item with taxable income, and it remains at that value, why should it be taxed a second time at death?

For a small businessman like me, it made sense to borrow to buy the building that my business operates out of and pay myself a normal rent. It’s income, as real as salary, but taxed at a lower rate, Besides there is no payroll tax on rental income. Another advantage of renting to myself is I can be trusted to fix the building and pay the rent, and I will not throw myself out if there is a downturn, nor will I raise the rents exorbitantly. My car is owned by my business, another plus. I pay a fee for personal use, but this is cheaper than using my own taxed income. When I die, the building (and car) will go to my heirs, tax free.

One last change I’d like to see is in the payroll tax. I’d like to see it tax the entire taxable income, but at a lower percent than the current 15.2 or 7.6. Currently the first $150,000 of income is payroll taxed at 15.2% for a self-employed individual, a plumber or office cleane, even before he/she pays income tax. An office worker is taxes at half this rate, 7.6% before income tax, with the company making up the other 7.6%. A CEO making $10 million pays this rate too, but only on the first $150,000. This amounts to $11,400 in payroll tax, or less than 0.11% of salary. I consider this disparity a bigger scandal than the fact that the richest 25 Americans paid only 3.4% in income tax.

Robert Buxbaum, November 25, 2025. *Trump presents a cautionary tale about property investing; if you invest at the wrong time, you can lose your shirt. In the late 80s, the property market in NY collapsed briefly, and he really was less than penniless. Don’t over-extend. The property market doesn’t collapse often, but you don’t want to be wiped out if it does.

To make social security fairer, raise the ceiling.

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For most working folks, the majority of your taxes are social security, certainly the majority of your federal taxes. The tax structure of SS is strongly weighted to help the rich. This is a fact that politicians have created and typically hide. Both parties proclaim tax help for the middle class, by instituting income tax changes that barely affect anyone, and really sticking it to the low wage-earner and middle class by a highly recessive SS tax that charges 14.2% off the top for a self-employed person, or 7.1% for an employee, but only to a cut-off of $160,000.

Anyone making more than this pays nothing on the overage, with the result that high earners, on a percent basis, pay essentially 0% tax. The rest of the high eaters income is generally protected by deductions. His car is a work expense, rented from the company, his travel is too. The working plumber benefits from these same deductions, but ends up paying 14.2% because of Social Security, while someone earning $1.6 million ends up paying 1.42% effectively.

People earring more than $1.6 million gain credit for other exemptions. Bill Gates has been buying farm land and claims the depreciation of the land value. Land does not actually depreciate, but you can claim it does because people like him get to fix the tax code (Donald Trump gets the same deduction, BTW on his gold courses). Less rich folks can still deduct the high cost of country club membership, of travel, entertainment, and meetings in exotic places (you can claim some of that too). Because so much of what you pay is Social security, it will come out that, while the executive may pay more in absolute tax, he or she will pay far less as a percentage. Many rich folks claim to find this offensive, but neglect to suggest the most obvious correction raise the ceiling on social security and (ideally) lower the the %.

I strongly suspect that we could bill for social security at 5% and 10% if we raised the ceiling to $2,000,000 per year. I suspect that SS would then be more solvent too. The net result would be drastically fairer.

Robert E. Buxbaum, April 23, 2023

Why Warren Buffett pays 0% social security tax

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Social Security is billed along with Medicare (health care for the poor) as an anti-flat tax called FICA where middle class workers pay 7.65 -15.3%, and rich people pay essentially 0%. The reason that Warren Buffet and other rich people pay 0%, on a percentage basis, far less than their secretaries, is that there is a FICA cap of $127,200 currently, and he earns far more than $127,200. Buffett’s secretaries pays 7.65%, or which 6% approximately is social-security payment, and the rest Medicare. Buffett’s company then matches the 7.65% — a situation that applies to virtually every employee in the US.

A self employed person though, a gardener say, pays both the employee and employer portion or 15.3%. The same $127,200 cap applies, but since few gardeners make more than this amount, they are likely to pay 15.3% on all earnings, with no deductions. FICA really socks the poor and middle class, and barely touches a rich man like Buffett. This is the tax-inequality that most needs addressing, in my opinion, and one I have not heard discussed.

A short history of FICA

A visual history of FICA rates (right), and of the salary cap (left). Medicare contributions were added in 1966.

As I write this, there is a debate about tax reform that mostly involves income tax, but not at all FICA. Income tax could be improved, in my opinion, and should be. We could remove some exemptions that are being abused, and we should lower the general rates, especially for foreign-earnings, but the current income tax isn’t that bad, in my opinion. Buffett likes to brag about the high rate he pays, but it’s not a bad rate compared to the rest of the world. And Buffett benefits from a lot of things we don’t. His income is taxed at a lower rate than a worker’s would be since most of it is unearned. And, like most rich folks, he has exemptions and deductions that do not apply to most. He can deduct cars, private airplanes, and interest; most folks don’t deduct these things since they don’t spend enough to exceed the “standard deduction”. I’m happy to say these issues are being addressed in the current tax re-write.

The current, House version of the GOP tax proposal includes a raise in the standard deduction and a cap on interest and other deductions. There is a general decrease in the tax rate for earnings, and a decrease for earnings made abroad and repatriated. I’d like to see tariffs, too but they do not appear in the versions I’ve seen. And I’ve very much like to see a decrease in the FICA rate coupled with a removal of the salary cap. Pick a rate, 4% say, where we collect the same amount, but spread the burden uniformly. Why should 7.65%-15.3% or the workmanship wages got to the window, the orphan, and healthcare of the poor, while 0% of Buffett’s go for this?

Some other tax ideas: I’d like to see shorter criminal sentences, especially for drugs, and I’d like to see healthcare addressed to reduce the administrative burden.

Robert E. Buxbaum, November 17, 2017. In the news today, the senate version puts back the tax exemption on private jets. The opposite of progress, they say, is congress.