Unrealized Gains Tax is an Economic Fallacy (2024)

Unrealized Gains Tax is an Economic Fallacy (1)Vance Ginn

March 15, 2024 Reading Time: 3 minutes

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Unrealized Gains Tax is an Economic Fallacy (3)

Taxing unrealized capital gains on property, stocks, and other assets is not just a bad idea, it’s an economic fallacy that undermines economic growth and personal liberty. Unfortunately, President Biden’s $7.3 trillion budget proposes such a federal tax. Vermont and ten other states have made similar moves.

This tax should be rejected, as it is fundamentally unjust, likely unconstitutional, and would hinder prosperity and individual freedom.

A tax on unrealized capital gains means that individuals are penalized for owning appreciating assets, regardless of whether they have realized any actual income from selling them.

If you purchased a stock for $100 this year, for example, and it increased to $110 next year, you would pay the assigned tax rate on the $10 capital gain. You didn’t sell the asset, so you don’t realize the $10 appreciation, but must pay the tax regardless. The following year, it dropped to $100, so there was a loss of $10. Would you be able to deduct that loss from your tax liability?

The devil is in the details of the approach to this tax, but the devil is also in the tax itself.

Adam Michel of Cato Institute explained two types of unrealized taxes in President Biden’s latest budget:

Under current law, capital gains are taxed when the gain is realized — when the investment is sold and there is an actual profit to tax… The budget proposes eliminating step‐​up in basis, making death a taxable event. The change applies to unrealized capital gains over $5 million for single filers ($10 million married).

And secondly,

The budget proposes a new minimum tax of 25 percent on income and unrealized capital gains for taxpayers with more than $100 million in total wealth. This new minimum tax would be a third, parallel income tax system, adding to the existing alternative minimum tax. The new minimum tax applies to two entirely new tax bases — wealth and unrealized capital gains. Defining and taxing wealth and unrealized capital gains pose numerous practical challenges and high economic costs.


Taxing unrealized capital gains contradicts the basic principles of fairness and property rights essential for a free and prosperous society. Taxation, if we’re going to have it on income, should be based on actual income earned, not on paper gains that may never materialize.

Moreover, taxing unrealized gains hurts economic activity by discouraging investment and capital formation, the lifeblood of a dynamic economy. When individuals know their unrealized gains will be taxed, they have less incentive to invest in productive assets such as stocks, real estate, or businesses. This leads to a misallocation of resources and slower economic growth.

Additionally, this tax reduces the capital available for entrepreneurship and innovation. Start-ups and small businesses often rely on investment from individuals willing to take risks in the hope of eventually earning a return on their investment. By taxing unrealized capital gains, we discourage risk-taking and stifle innovation, essential elements for improving productivity and raising living standards.

The tax undermines personal liberty by infringing on individuals’ property rights and financial privacy. It gives the government unprecedented control over people’s assets and creates a powerful disincentive for individuals to save and invest. This is particularly troublesome in an era of increasing government surveillance and intrusion into private affairs.

Proponents of taxing unrealized capital gains argue that it is a way to address income inequality and raise revenue for social programs. This argument can’t withstand scrutiny. This tax does little to address the root causes of income inequality, such as government failures in fiscal and monetary policies. Instead, this new tax would merely redistribute wealth from productive individuals to the government, thereby further misallocating hard-earned money.

Furthermore, the tax revenue raised from this tax will be far less than proponents anticipate, as individuals will work less, invest less, and find ways to avoid such taxes through legal paths. This would result in less economic prosperity and a resulting decline in tax collections.

From an economic and moral perspective, taxing unrealized capital gains from property, stocks, and other assets is a bad idea. It undermines economic growth, stifles innovation, and infringes on personal liberty. Instead of resorting to the misguided policies of the Biden administration and some states, we should remove barriers created by the government. These include reducing spending, taxes, and regulations. We should also impose fiscal and monetary rules.

Achieving these goals and ending the bad idea of a new tax on unrealized capital gains will encourage investment, entrepreneurship, and economic opportunity for all. Only then can we truly unleash the potential of a free and prosperous society.

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Vance Ginn

Unrealized Gains Tax is an Economic Fallacy (5)

Vance Ginn, Ph.D., is founder and president ofGinn Economic Consulting, LLCand an Associate Research Fellow with AIER.He is chief economist at Pelican Institute for Public Policy and senior fellow at Americans for Tax Reform. He previously served as the associate director for economic policy of the White House’s Office of Management and Budget, 2019-20.

Follow him: @VanceGinn.

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Unrealized Gains Tax is an Economic Fallacy (2024)

FAQs

What is the Supreme Court case about taxing unrealized gains? ›

The definition of income—what it is and how it's taxed—is a core issue of a Supreme Court case that could have far-reaching effects for taxpayers. Moore v. United States, argued before the court in December, concerns the taxation of unrealized income.

Why can't unrealized gains be taxed? ›

The Sixteenth Amendment does not apply to this tax because unrealized capital gains are neither “incomes” nor “derived” within the original meaning of the Sixteenth Amendment. The tax is accordingly unconstitutional.

Does Biden want to tax unrealized gains? ›

Notably, Biden's Federal Budget proposal also included a 25% tax on unrealized gains for ultra-high-net-worth individuals.

Do billionaires get taxed on unrealized gains? ›

The President's Billionaires' Minimum Income Tax works differently. Instead of mark-to-market taxation, very wealthy people would be required to pay a minimum tax equal to at least 25 percent of what we could call their “true income,” including both traditional taxable income and unrealized capital gains.

Which country has no capital gains tax? ›

Not all countries impose a capital gains tax, and most have different rates of taxation for individuals compared to corporations. Countries that do not impose a capital gains tax include Bahrain, Barbados, Belize, the Cayman Islands, the Isle of Man, Jamaica, New Zealand, Sri Lanka, Singapore, and others.

What was the argument in Moore v United States? ›

Charles and Kathleen Moore argue that the Mandatory Repatriation Tax, which they were forced to pay, is unconstitutional because the Sixteenth Amendment imposes a realization requirement on income for the federal government to tax it without apportionment.

What is the billionaire minimum tax? ›

Introduced in House (07/28/2022) This bill imposes a minimum tax on individual taxpayers whose net worth for the taxable year exceeds $100 million. The tax is equal to 20% of the sum of a taxpayer's taxable income, plus net unrealized gains for the taxable year.

What is the loophole for capital gains tax? ›

A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.

Do unrealized gains count as income? ›

Realized gains vs.

Gains that are "on paper" only are called "unrealized gains." For example, if you bought a share for $10 and it's now worth $12, you have an unrealized gain of $2. You won't pay any taxes until you sell the share. Unrealized gains could be very important if you invest in funds, however.

Do Democrats want to tax unrealized capital gains? ›

President Joe Biden and congressional Democrats had considered taxes on unrealized capital gains earlier in negotiations around a social and climate bill. The proposals would have affected the wealthiest Americans, who hold a disproportionate share of financial assets relative to lower earners.

What is the new billionaire tax? ›

Addressing wealth inequality

Of that, the wealthiest 1% own around two-thirds. Under Biden's proposals, a 25% tax on those with more than $100 million would raise $500 billion over 10 years to help fund benefits such as child care and paid parental leave.

What is the new tax law in 2024? ›

Key provisions in the Tax Relief for American Families and Workers Act of 2024. The bill provides for increases in the child tax credit, delays the requirement to deduct research and experimentation expenditures over a five-year period, extends 100% bonus depreciation through 2025, and increases the Code Sec.

Why aren t billionaires taxed? ›

Currently billionaires effectively pay far less personal tax than other taxpayers of more modest means because they can park wealth in shell companies sheltering them from income tax, the group said in its 2024 Global Tax Evasion Report.

Do unrealized gains affect net income? ›

Securities that are held for trading are recorded on the balance sheet at their fair value, and the unrealized gains and losses are recorded on the income statement. The increase or decrease in the fair value of held-for-trading securities impacts the company's net income and its earnings per share (EPS).

Do you have to pay taxes on unrealized gains if you made money in the stock market but have not sold? ›

A tax on capital gains only happens when an asset is sold or "realized." Investors can also have unrealized and realized losses. An unrealized loss is a decrease in the value of an asset or investment you own but haven't yet sold—a potential loss that exists on paper.

What is the Moore case on wealth tax? ›

Specifically, the Moores were taxed on their investment in KisanKraft based on their pro rata share of the company's earnings accumulated over a decade, which is analogous to a property tax. Because the MRT failed to apportion in accordance with states' populations, it is unconstitutional.

What are unrealized gains in Moore v United States? ›

The plaintiffs' main claim is that the tax is unconstitutional because it applies to “unrealized” income (in this case, foreign earnings that were not distributed to them) and that it applies retroactively to past earnings amounting to property, contravening the 16th Amendment and subsequent case law generally ...

Did the Supreme Court rule on income tax? ›

Furthermore, after the Sixteenth Amendment was ratified, the Supreme Court upheld the constitutionality of the income tax laws. Brushaber v. Union Pacific R.R., 240 U.S. 1 (1916). Since then, courts have consistently upheld the constitutionality of the federal income tax.

Do you have to file taxes for unrealized gains? ›

Gains that are "on paper" only are called "unrealized gains." For example, if you bought a share for $10 and it's now worth $12, you have an unrealized gain of $2. You won't pay any taxes until you sell the share. Unrealized gains could be very important if you invest in funds, however.

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