In the late 1960s, there was a well-publicized furor over corporations and individuals with very high incomes who, through combinations of legal tax-avoidance activities, wound up not paying income taxes. So Congress responded with the Alternative Minimum Tax (AMT), which now hits millions of individuals and can’t easily be adjusted because it brings in too much revenue.
I’m now hearing stories about employees of Wells Fargo (which took TARP money not by choice but by force) who make $250K (which in my part of the country barely qualifies as middle-class) in total household income. These people will see their year-end bonuses taken away, if the bonus-clawback bill passed by a large bipartisan majority in the House becomes law. We’re not talking about a few hundred traders and executives at AIG anymore.
So, intentionally or not, has the House just created an income cap at $250K that eventually will get spread far and wide throughout the economy? After all, it’s obviously unfair to apply a salary cap only to people who just happen to work for a company that was forced to take TARP money against its will. So the only response would be to abrogate the salary cap altogether (making Congress look even stupider than they look now), or to spread it to many more companies.
Will the Senate be smart enough to see this for what it is when it’s their turn to vote on it?

Unintended? I think not.
bs Monday, March 23rd at 10:47AM EDT (link)I think it’s quite intended. This is a leftist Congress you’re talking about now.
Decorum is fo’ suckas
Wait until someone
Rapunzel46 Monday, March 23rd at 11:53PM EDT (link)figures out what this is going to do to tax collections next year… it isn’t going to be pretty.
When the ACORN guy comes to measure your house
Achance Monday, March 23rd at 11:06AM EDT (link)to determine how many families SHOULD be living in it, we’ll all know that the future is here and it is working.
In Vino Veritas
Re: which in my part of the country barely qualifies as middle-class
The_Gadfly Monday, March 23rd at 11:27AM EDT (link)Tough luck.
You know, I’m not entirely certain I begrudge the AIG people the bonuses they’ve been paid. Frankly, I don’t know, and I suspect no one else who has commented on the bonuses does either, what the basis of the bonuses was. So they may have been entirely proper given the circumstances of the contracts involved. Or they could be the closest thing to handing a political donor a bag of money that you will see on this side of the eternal divide, in which case I really would want them strung up on the wrack if only that hadn’t been outlawed. But either way, I don’t have the information to determine whether or not the bonus were legal and appropriate.
And I don’t want the government putting salary caps on big businesses that haven’t been bailed out. But quite honestly, the part of the country to which you refer is the part of the country that keeps putting these twits in office and thinking there won’t be any comeuppance. Well, in the words made famous by Jack Nicholson as the Joker “It’s your uncle Bingo. Time to pay the check!”
Nothing against you personally Francis. You’ve given good advice and people ought to heed it, even in this case. If they do, we’ll all be better off. But I don’t expect them to, because they haven’t in the past. And that really will be a tough luck break for all of us. But there is no way in all the 9 levels of hades I’m going to be sympathetic to the people who brought this upon us all.
We’ve been called racists enough now that it shouldn’t bother us any more.
-AChance, http://www.redstate.com/moe_lane/2009/11/03/what-men-may-do-we-have-done/#comment-24463
If NY23 was a beat down for Conservatives, what do you call what happened to Progressives in NJ and VA?
inspired by ColdWarrior, http://www.redstate.com/hooah_mac/2009/11/04/ny-23-the-agony-of-defeat-not-so-much/#comment-156
stupid is as stupid does
John E. Monday, March 23rd at 11:31AM EDT (link)Barry keeps getting more things to laugh about right now. Gallows humor indeed. Like in the Reign of Terror, the guillotine eventually will devour those who use it.
Stupidity contagion
John E. Monday, March 23rd at 12:09PM EDT (link)http://www.washingtonpost.com/wp-dyn/content/article/2009/03/18/AR2009031804104_pf.html
And here is a fellow who recenly joined Citigroup — who unlike Rubin for example, is not responsible for its bad decisions — wondering why he should continue working past October after he has earned his 250K. http://online.wsj.com/article/SB123776600113009243.html
An angry mob led by Congress and roiled up by the President will kill indescrimately.
The problem with confiscatory taxes
kowalski Monday, March 23rd at 11:57AM EDT (link)The problem with confiscatory taxes in “one part of the country” is that one part of the country is right next to lots of other parts of the country. I live in a part of the country that’s not so far from where the AIG executives in Connecticut live, and the middle class around here is probably defined by an aggregate income of 60,000 a year, not $250,000. The problem is that once you start defining people who are too wealthy, you have to apply that standard everywhere.
So where I live in Massachusetts, will people earning $90,000 a year be taxed confisciatorily? Who is next?
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How big is your house, kowalski, and how many people live in it?
Achance Monday, March 23rd at 12:02PM EDT (link)Just wait til the ACORN guy shows up to do the “census” and to determine if you should be housing some other families in your house.
In Vino Veritas
Well that will be hard
kowalski Monday, March 23rd at 12:09PM EDT (link)I live in a studio apartment that is less than 450 square feet in the building where I run my business with my father. My parents live in a 1-bedroom, single floor house of less than 650 square feet and the roof needs to be replaced. My mother has a stove that’s about 16 inches wide, and her “kitchen” is smaller than most NYC apartments. I can take pictures to show you our digs: they’re not very opulent. If ACORN wants to move another family into either of our living spaces, they’re going to have a hard time fitting them in there.
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If ACORN wants my car, they can have it
kowalski Monday, March 23rd at 12:20PM EDT (link)I drive a 1987 Audi that I purchased for $1,500. In fact, I can’t drive it because I can’t afford to fix it right now, and get it inspected. I haven’t been able to drive it since last August. The steering column needs to be fixed and I haven’t had $400 to spend since last August. That’s not a joke.
The truck we use to drop off the mail for our business is a 1986 Chevrolet/Isuzu that my father and I replaced the engine ourselves on because we couldn’t afford to do it any other way. People think I’m rich because my parents own a building where we run our business. That’s the problem with Obama’s way of thinking: nobody realizes that it costs about $8,500 a month to just keep the doors open.
Now, when people try to tell me whether or not I should be angry at AIG executives and the banking industry in this country, I have a hard time telling them no: because you won’t find many people who have tried harder to start a business without taking government money than us. We have lived on the edge of poverty for the past nine months, and that’s no joke either. I don’t have much sympathy for people who are wondering about whether they’ll be able to finance their children’s half-million dollar marriages right now if they don’t get their bonus check.
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I'll put a picture of my parent's McMansion
kowalski Monday, March 23rd at 12:22PM EDT (link)I’ll put a picture of my parents McMansion up on Flickr later today, so everyone can see just how rich Republicans are.
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Here's my parent's mansion
kowalski Monday, March 23rd at 12:43PM EDT (link)You can see that they didn’t qualify for the Bush tax cuts in the first place.
People tell my father all the time: “You’d do much better if you stopped being a Republican in Massachusetts.”
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Here's Barack Obama's House
kowalski Monday, March 23rd at 2:24PM EDT (link)In Kenwood, Chicago:
http://www.flickr.com/photos/mss2400/462315720
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Somebody in GSA is working right now on the square footage
Achance Monday, March 23rd at 12:39PM EDT (link)each American is entitled to under the new Fair Housing 5-Year Plan and what amenities may be provided fairly. Now the solution is to quickly get a fed job and then you can demand to collectively bargain your square footage and amenities. And if you dont’ think governments can do this take a look here: http://dop.state.ak.us/iscsi/fileadmin/LaborRelations/pdf/contracts/PSEA08-2011.pdf
It is a PDF of Alaska’s State Trooper contract. Many of them work in rural areas and live in State housing. Start at Article 13, page 42 to see just how adept a government and a union can be at making something incomprehensible.
In Vino Veritas
The problem that nobody ever seems to talk about
kowalski Monday, March 23rd at 12:04PM EDT (link)The problem that nobody ever seems to talk about is that in one sense there are vast “inequalities” in “wealth” as measured in dollars, but on the other hand most of the people who have a lot of money at whatever level above abject poverty spend it to stay there.
It you want to have a million dollar house, you have to pay million dollar property taxes, million dollar maintenance fees, million dollar upkeep, and you spend a great deal of what you have.
Taxing people for their success isn’t something the government should do: the market does that already by making the price of maintaining that lifestyle every bit as expensive as creating it in the first place.
Having said all that, I guess my basic view of the AIG bonuses right now is that it was a case of piss-poor timing by the recipients. They should have deferred them for better times. Materially they probably would still have been OK and politically, it would have avoided an entire week of Bread and Circuses. Of course, telling someone they shouldn’t take a million dollars in bonuses in an economic downturn is a tough sell: but the executives of these companies should have done it anyway.
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Eating the rich is Jacobin.
Alberta Monday, March 23rd at 11:57AM EDT (link)Robespierre tried to ride this wave and lost his head.
Obama best be careful.
Sir, my concern is not whether God is on our side; my greatest concern is to be on God’s side, for God is always right.
Abraham Lincoln
This is more of a travesty
red4ever Monday, March 23rd at 12:12PM EDT (link)than you can point out. Please note, that is HOUSEHOLD income. The tax will not be based solely on the person working at the TARP targeted company. That means the person who works at Wells Fargo who makes only $50,000 a year, but whose spouse makes $200,000 (at a non-TARP company) will have a household income of $250,000. So that nice year end bonus that the poor teller makes and is gonna use for a downpayment on a decent used car? Taxed at 90%.
It’s not just the executives who will get hit, but the so-called Main Street Little Guy that this administration allegedly cares so much about.
The hottest places in hell are reserved for those who, in times of great moral crisis, maintain their neutrality.
Dante
Hear, hear. Thanks for that important clarification.
Francis Cianfrocca Monday, March 23rd at 2:23PM EDT (link)You made the point I really meant to make. Furthermore, wait until inflation puts the middle-class household into the $250K or more category.
That was the problem with the AMT. It was never indexed for inflation, so something intended to hit a handful of the super-rich ended up hitting all the rest of us too.
And think of the case where a family is close to the $250K limit. It can easily be irrational to bring in a second income, because it would effectively be taxed at 90% or more.
Needed: Definition of Bonus
Skanderbeg Monday, March 23rd at 1:02PM EDT (link)There are tons of problems with this silliness that’s coming out of Congress on this one - one of which is so stunning that I’ll try to put together a short diary on this later.
One was pointed out just above - that the $250k provision applies to HOUSEHOLD income. So if your spouse happens to work for AIG and gets even a small bonus, you have to fork it all over to the Feds. And because of the way taxes propagate and flow, for many households this will amount to a tax rate that is in effect greater than 100% on the “bonus” payment - so you’ll have to pay ALL of it out and then some on top.
But there’s a critically-important aspect of this that really needs to be explained - what a “bonus” in this industry really means. Francis, we discussed this off-line, but it seems to be a very crucial aspect, so could you expand with details below?
The word “bonus” may be an unfortunate choice of word, since it implies a “special and rare reward” for service far above and beyond the call of duty.
But if I’m being informed correctly, that’s now how this sphere works.
Most people hire on at a base salary which they would never take if that were to be the only compensation they would receive - even with a theoretical slim prospect of some extra “bonus” falling on them if they hit grand slams every game.
Along side the “base pay,” there is another big vat that is a “bonus pool.” The “bonus pool” is large, and it is divided up based on performance. The basic expectation is that everyone will get some compensation from this pool - with the amount varying by performance.
The best analogy I can find is that this is similar to how wait staff at a restaurant are compensated. The base pay a server gets is horrid - often below minimum wage (there is something in the law to cover this). The real compensation comes from tips - and that depends on the performance of the server.
So, if I’ve got this basically straight, this “clawback” would be similar to the feds “bailing out” a restaurant…. then being outraged to find out that the wait staff was STILL GETTING TIPS and demand that 90+% of the tips be forked over to the IRS.
Francis?
You're absolutely right about the meaning of "bonuses" in financial firms
Francis Cianfrocca Monday, March 23rd at 2:33PM EDT (link)I think a lot of people have missed this aspect of how financial firms (including AIG FP) work. Most of the people work for a base salary that is a relatively small portion (sometimes a small fraction) of the market value of the work they do.
And the firms designate a bonus pool to be distributed across the whole firm. What happens is that you sit down with your supervisor in November, and you get awarded a bonus (paid in January) that reflects the performance of the firm as a whole, and of your own performance relative to your direct peers.
The whole idea is to engender an atmosphere of internal competition that can easily become unhealthy, but is definitely part of the way these firms have always worked.
If the government decides that high bonuses are just something they don’t want to see in firms receiving government assistance, then firms will start doing what they’re already doing now: doubling people’s base salaries or more, and setting lower expectations on the bonuses they may receive.
But if you accept that the prospect of receiving much or most of your pay on a schedule that depends on your performance creates a more competitive and thus more productive atmosphere, then what the government is doing will make financial companies less productive.
In the Wall Street industry, are bonus' a raise, or lump sum extras?
RJD Monday, March 23rd at 2:48PM EDT (link)A bonus is paid out in one sum in January 09 for performance in 08. An extra along side one’s salary.
But, an employ receives a raise on their base salary for overall performance on their hire date (or maybe in a block with other employees).
(I’m in the IT/Internet/New Media field, and the companies I have worked for offer salaries + benefits (health, life ins., 401k), but no bonus, as in a lump sum payment. Salary raises are awarded once a year, usually, based on performance from a pool of about 3-5%).
A bonus is definitely not a raise,
paulincolo Monday, March 23rd at 4:54PM EDT (link)ideally it is pay for performance. It is almost always (talking Wall Street types here), for the revenue center employees as opposed to the cost center type.
but with bonuses like that, who needs a.....nt
Mike gamecock DeVine Monday, March 23rd at 4:57PM EDT (link)Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson
"Destroying Value"
Skanderbeg Monday, March 23rd at 8:03PM EDT (link)Might as well toss this in here….
It’s Frank’s world. We just live in it. [Mark Steyn]
Unfortunately.
In The New York Times, Joe Nocera takes a while to get going, but makes some good points:
This week, the body politic ran off the rails… How is the political reaction to the crisis making it worse? Let us count the ways.
IT IS DESTROYING VALUE During his testimony on Wednesday, Mr. Liddy pointed out that much of the money the government turned over to A.I.G. was a loan, not a gift. The company’s goal, he kept saying, was to pay that money back… In other words, it is in the taxpayers’ best interest to position A.I.G. as a company with many profitable units, worth potentially billions, and one bad unit that needs to be unwound. Which, by the way, is the truth. But as Mr. Ely puts it, “the indiscriminate pounding that A.I.G. is taking is destroying the value of the company.” Potential buyers are wary. Customers are going elsewhere. Employees are looking to leave. Treating all of A.I.G. like Public Enemy No. 1 is a pretty dumb way for a majority shareholder to act when he hopes to sell the company for top dollar…
IT IS DESTABILIZING How can you run a company when the rules keep changing, when you have to worry about being second-guessed by Congress..?
At this point, most Wall Street bankers would rather be attacked by wild dogs than take part. They fear that they’ll do something — make money perhaps? — that will arouse Congressional ire. Or that the rules will change… Not all the employees who face the possibility of having their bonuses taxed out from under them work for the evil financial products division… Taking away their bonuses — after they’ve already put the money in their bank accounts — hardly seems like the right way to motivate them.
Maybe they can’t see it from the shamrock-hued vistas of their “cottages” on the west coast of Ireland, but the political class has done nothing this last week but destroy the wealth of this country.
As President Reagan said, we are a nation that has a government, not the other way round. The nation pays for the government, not the other way round. I pay for Congressman Frank and Senator Dodd, not the other way round. I would appreciate it if they’d take up a less destructive pastime, perhaps joining Senator Kerry in windsurfing off the Irish coast in buttock-hugging yellow Lycra. If you have even a modest asset - a small house, a sluggish savings account or pension provision - these people are making you poorer. Good luck digging yourself out from under.
http://corner.nationalreview.com/post/?q=Nzc2OTdlMGNkZWI5YjRkNzU1YmJjZjJiZGYxZjc3MDY=
555 for the financial straight talk. nt
redneck_hippie Monday, March 23rd at 8:13PM EDT (link)“We must not lose our faculty to dare, especially in dark days.” - Churchill in March, 1942.
Remember NY-23.
Great dissertation 'beg, and I think the message, to a large extent
Mike gamecock DeVine Monday, March 23rd at 9:16PM EDT (link)was delivered to Obama and esp to and then the dems to obama that the 90% tax was a bridge too far. I don’t think this will pass the senate.
Reality is biting
the war continues
http://www.redstate.com/gamecock/2009/03/23/cockstradamus-reality-bites-obamalib-dem-agenda/
Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson
Joe Nocera
Skanderbeg Monday, March 23rd at 9:25PM EDT (link)To be fair, the above was me quoting Mark Steyn quoting Joe Nocera - in the New York Times (?!?!) of all places.
This is a great educational moment in many ways - such as explaining that on WS “bonus” really means “the variable part of compensation that is largely the variable part”….
exactly right and hey, soon Joe will 'beg Mark to quote
Mike gamecock DeVine Monday, March 23rd at 9:28PM EDT (link)Skander’
Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson
That's why I would have deferred them
kowalski Monday, March 23rd at 2:52PM EDT (link)I would have deferred these compensations: How can you award people at AIG big tips? Even if it makes sense legally, it doesn’t make sense morally. The reaction to it is something the Democrats counted on.
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I mean for Pete's sake...
kowalski Monday, March 23rd at 3:21PM EDT (link)How difficult was it to realize that this was going to be a political circus when you have Dodd writing the language at the behest of “someone” in the Obama administration? People should have been able to smell that one coming.
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It's about Congress vs. Private Sector
texas214 Monday, March 23rd at 1:18PM EDT (link)I seem to forget who said it last week discussing the AIG mess, a Dem congress person suggested that “talented” people in his office made no more than $125,000/year. They view themselves as the smartest in the room, therefore the private sector making millions is a travesty in their minds.
Which I think is a travesty.
itrytobenice Monday, March 23rd at 4:29PM EDT (link)I’d keep those suckers on starvation wages with no pension just so I could get them to get the {blank} out of town and never come back.
The problem with America is stupidity. I’m not saying there should be capital punishment for stupidity, but why don’t we just take the safety labels off of everything and let the problem solve itself?
Need a countdown of hours until '10 elections. nt
redneck_hippie Monday, March 23rd at 4:35PM EDT (link)“We must not lose our faculty to dare, especially in dark days.” - Churchill in March, 1942.
Remember NY-23.
Congress Overlooked Something
red4ever Monday, March 23rd at 5:04PM EDT (link)Shocking, I know. But, those folks are working for $125,000 for a few years, because they know after that they will command million dollar salaries on K street as lobbyists. It is short term low income, in exchange for a life time of big salaries. Those folks don’t actually see the million dollars salaries as a travesty. If they do, they are extremely short sighted to not realize that if the goose that lays the golden egg dies, so do their mansion dreams.
The hottest places in hell are reserved for those who, in times of great moral crisis, maintain their neutrality.
Dante
The other issue is the difference between
RJD Monday, March 23rd at 7:15PM EDT (link)retention bonuses and performance bonuses. Something the media has forgotten to point out.
Geithner is talking about some treaty?
jphamlore Monday, March 23rd at 1:39PM EDT (link)I don’t think that this legislation is what the Obama administration is thinking about as far as regulating compensation. Geithner on an interview I just saw on CNBC seems to be talking about doing this through treaty, only I don’t think this administration is competent enough to make a ham sandwich let alone negotiate such a treaty.
Given all of the financial types who are Democrats and contribute accordingly, I expect nothing to come of this.
If Craddle to Grave is where we are heading..
briefsynopsis Monday, March 23rd at 2:23PM EDT (link)maybe we should start asking how long of a span there will be in between!!!!!!!!
http://www.briefsynopsis.com
and when people will be allowed to retire
silentcal40 Monday, March 23rd at 2:31PM EDT (link)one of my favorite labor protests in france (and there are many to choose from) occurred about five years ago. the paris firefighters marched in the streets, upset they were unable to retire as early as they wanted.
when could they retire? 55. when did they want to be able to retire? 50.
our system is unsustainable already, and our benefits are fewer and our retirement age higher.
but if we become the next European Socialist State, you can surely expect that the next step will be to increase the benefits further and make the retirement age even lower.
(and, of course, this doesn’t even consider all the life-long benefits, like health care, unemployment pay, etc.)
“Nothing I never said ever hurt me.” - Calvin Coolidge
There's already been discussion
redneck_hippie Monday, March 23rd at 3:36PM EDT (link)of lowering age requirement for MediCare to 55, I believe it was. Wonder if that is one of the “around the fringes” items The One wants to push this year.
“We must not lose our faculty to dare, especially in dark days.” - Churchill in March, 1942.
Remember NY-23.
lovely
silentcal40 Monday, March 23rd at 4:03PM EDT (link)we’re farther gone than i thought
“Nothing I never said ever hurt me.” - Calvin Coolidge
lovely
silentcal40 Monday, March 23rd at 4:04PM EDT (link)we’re farther gone than i thought
“Nothing I never said ever hurt me.” - Calvin Coolidge