Lois Lerner’s IRS Granted Only ONE Conservative Group Non-Profit Status in Three Years

Lois Lerner’s political beliefs led to tea party and conservative groups receiving disparate and unfair treatment when applying for non-profit status, according to a detailed report compiled by the Senate Finance Committee.
Because of Lerner’s bias, only one conservative political advocacy organization was granted tax exempt status over a period of more than three years:
“Due to the circuitous process implemented by Lerner, only one conservative political advocacy organization was granted tax-exempt status between February 2009 and May 2012. Lerner’s bias against these applicants unquestionably led to these delays, and is particularly evident when compared to the IRS’s treatment of other applications, discussed immediately below.”
As the report notes, Lois Lerner became aware in April or May of 2010 that the IRS Exempt Organizations (EO) division had begun receiving a high number of applications from Tea Party organizations. But as the backlog of applicants increased, Lerner added “more layers of review and raised hurdles for applicants to clear.”
This “rigid and unorthodox process” meant that over the three year period, tea party and conservative groups waited a total of 621 years for the IRS to make a decision about their applications for tax-exempt status. As the report notes, many of these applications could have been decided far earlier, but were not due to decisions by Lerner. As the report notes:
“The unfortunate consequence of imposing this highly rigid and unorthodox process on EO Determinations was that many Tea Party applications that could have been decided in 2010 were not. Rather, those Tea Party applications unnecessarily languished for several more years, while the IRS mismanaged its way through a series of failed initiatives designed to bring the applications to decision.”
In contrast, progressive or non-affiliated applicants faced a timely review process. Indeed, the IRS was willing and able to quickly approve high profile non-tea party applicants:
“Although applications from the Tea Party and conservative organizations languished at the IRS, this was not the case for all groups that applied. In cases where the IRS wanted to act quickly, it did – particularly for other high-profile applications that attracted political attention.”
As the Finance Committee concludes, the process by which EO approved applications for tax-exempt status was clearly based on how closely an organization aligned with Lerner’s liberal views:
“The IRS’s treatment of these organizations was almost universally consistent with Lerner’s personal political views – this is, supporting Democratic candidates and opposing conservative tax-exempt organizations that engaged in political speech. Conservative organizations that sought to participate in the nation’s political discourse, such as the Tea Party, drew the strongest ire from Lerner.”
See Also:
Senate Report: Lois Lerner’s Political Views Resulted in Disparate Treatment of Conservative Groups
IRS “Midnight Unit” Destroyed Backup Tapes With Lois Lerner Emails
The Curious Case of Lois Lerner's Physically Damaged Hard Drive
IRS Failed to Search Five of Six Locations for Lois Lerner Emails
IRS Used Instant Messaging System to Hide Internal Communications
House Oversight Committee Details Case for Removal of IRS Commissioner
Watchdog: IRS May Still Be Targeting Conservative Non-Profits
More from Americans for Tax Reform
Ending Sentence Enhancements Is Soft on Taxpayers, Not Soft on Crime

Next month, Oklahoma voters will decide whether or not to amend the state’s constitution through State Question 805 (SQ 805), which would end sentence enhancements for nonviolent criminals.
These enhancements are add-ons that can be piled on top of the base sentence, and are often used to terrify defendants into plea deals. They also put people away in Oklahoma for excessive periods of time far beyond the sentencing guidelines for their offense, and most of these are nonviolent drug offenses. Taxpayers pay the price, and public safety does not benefit.
SQ 805 has come under fire. However, because of what crimes count as violent versus nonviolent. But that is already determined in Oklahoma law, the question simply uses the existing classification list.
The Oklahoma Council of Public Affairs (OCPA) recently posted a helpful article available here, that provides a useful reality check:
“In 1984, the legislature, in an effort to fix the problem, passed the Oklahoma Prison Overcrowding Emergency Powers Act. . . It could begin releasing inmates who had served most of their sentence until DOC[capacity] was back below 95%.”
The Act was repealed in 2001 by Gov. Frank Keating after three private prisons were awarded contracts in the state, but the list of violent offenses in the Act is continued in the language of SQ805:
“This is important: the list was originally designed to keep certain offenders from early release. Similarly, SQ 805’s effect on so-called “sentence enhancements” excludes the crimes listed in the statute.” …
“The naysayers would have you believe that people who commit crimes not on the list will be treated as a first-time offender every time. That is simply untrue. The sentencing range is designed to account for things like criminal history.”
You can read the full article at OCPAthink.org.
Photo Credit: Kevin
Biden's Individual Mandate Tax Will Hit 353,000 Florida Households

Joe Biden said he will re-impose the Obamacare individual mandate tax if he is elected. Most households liable for this tax made less than $50,000 per year.
According to IRS data, Biden's individual mandate tax would hit roughly 353,210 households in Florida (See the full list of state figures at bottom).
The Tax Cuts and Jobs Act signed by President Trump zeroed out the $695-$2,085 Biden-Obama individual mandate tax.
But Biden has already vowed to re-impose the individual mandate tax. Here's his exchange with CNN:
CNN's Chris Cuomo: "Would you bring back the individual mandate?"
Joe Biden: "Yes. Yes, I'd bring back the individual mandate."
See for yourself by watching the clip below:
According to official IRS data for the 2017 tax year, 74% of households liable for the individual mandate tax had an adjusted gross income of less than $50,000.
- The individual mandate tax penalty was paid by 4,606,271 households.
- 3,430,003 of these households had an adjusted gross income of less than $50,000.
Biden has some explaining to do, as he made a promise to every American making less than $400,000 per year that they would not see a single penny of ANY tax hike. This Biden tax will hit middle class households in every state and every congressional district.
IRS data below shows the number of households per state hit with this tax in just one year, 2017. This data serves as an approximation of how many households will be hit under Biden's individual mandate tax.
SWING STATES:
Pennsylvania 153,140 households
Florida 353,210 households
Minnesota 69,460 households
Wisconsin 80,240 households
Michigan 132,750 households
Ohio 132,140 households
North Carolina 141,730 households
Arizona 107,360 households
Colorado 98,160 households
Georgia 142,930 households
Nevada 52,130 households
ALL 50 STATES:
Alabama 41,960 households
Alaska 13,370 households
Arizona 107,360 households
Arkansas 41,130 households
California 553,000 households
Colorado 98,160 households
Connecticut 45,200 households
Delaware 11,230 households
District of Columbia 5,170 households
Florida 353,210 households
Georgia 142,930 households
Hawaii 10,890 households
Idaho 31,460 households
Illinois 162,920 households
Indiana 106,750 households
Iowa 38,430 households
Kansas 40,480 households
Kentucky 54,310 households
Louisiana 64,330 households
Maine 25,460 households
Maryland 64,180 households
Massachusetts 89,050 households
Michigan 132,750 households
Minnesota 69,460 households
Mississippi 32,260 households
Missouri 80,990 households
Montana 19,770 households
Nebraska 30,930 households
Nevada 52,130 households
New Hampshire 23,610 households
New Jersey 124,430 households
New Mexico 25,500 households
New York 260,660 households
North Carolina 141,730 households
North Dakota 11,970 households
Ohio 132,140 households
Oklahoma 54,720 households
Oregon 70,010 households
Pennsylvania 153,140 households
Rhode Island 14,840 households
South Carolina 64,440 households
South Dakota 11,190 households
Tennessee 83,440 households
Texas 559,420 households
Utah 49,470 households
Vermont 10,920 households
Virginia 107,130 households
Washington 110,400 households
West Virginia 22,820 households
Wisconsin 80,240 households
Wyoming 11,090 households
Keep track of Biden's many tax hikes by visiting www.ATR.org/HighTaxJoe
See also:
Flashback: Joe Biden Broke His Middle Class Tax Pledge
Biden Wants to Raise U.S. Corporate Tax Rate Higher Than Communist China
Biden to Impose $200 Gun Tax

Joe Biden would force semiautomatic rifle owners to either participate in a gun buyback program, or register their firearm under the National Firearms Act, which requires the payment of a $200 tax. This would extend to AR-15s and other common household rifles. Those who do not comply would face up to 10 years in federal prison, and a potential $10,000 fine.
This is yet another violation of Joe Biden's pledge against any tax increase on anyone making less than $400,000 a year.
As detailed on Biden’s campaign website, “Biden will also institute a program to buy back weapons of war currently on our streets. This will give individuals who now possess assault weapons or high-capacity magazines two options: sell the weapons to the government, or register them under the National Firearms Act.” This triggers the $200 tax.
In order to register a firearm (or a magazine, under Joe Biden's plan), you have to send in a 13-page, complicated application form with the $200 tax included, your fingerprints, and a photograph of yourself. In this way, the hurdles to legally own your weapon or high-capacity magazine go far beyond the expensive tax.
Given there are nearly 18 million AR-15s privately owned in the United States, gun owners could potentially be forced to pay a collective $3.6 billion in taxes. This figure doesn’t even include other weapons the left considers “assault weapons” and the additional magazines many gun owners would have to register.
Many families who have already been struggling due to the economic damage done by the coronavirus would find themselves incapable of paying for the ability to practice a constitutional right of theirs.
According to the Biden campaign, any magazine that holds more than 10 rounds is a “high capacity” magazine. Even if someone owns only one AR-15, if they have just four standard capacity magazines, they would owe the federal government $1,000.
Suddenly, gun control becomes less about mere firearm ownership and more about controlling working-class Americans. In urban areas, where people are most vulnerable to crime, it’s not hard to imagine how crushing this could be. There is nothing new about leftist politicians taxing urban residents in order to dictate behavior, ownership, and lifestyle.
In poor rural areas, the ability to hunt, fend off dangerous animals, etc. would be especially compromised. In Time Magazine, one article explains that "leaders of 15 state shooting groups said semiautomatic rifles are popular with hunters in their states. Hunters say they favor the gun for its versatility, accuracy and customizable features for shooting animals. The semiautomatic feature, which allows these guns to shoot up to 45 rounds a minute, is not always necessary, but useful in some situations, hunters say. “It’s the most capable tool for the job at this time,” said Eric Mayer, who runs AR15hunter.com. “Bar none. Period. It is.”" This group explains that AR-15s and AR-10s can be effective in hunting feral pigs, feral goats, antelope jackrabbits, elk, coyotes, and deer. In Pennsylvania, where semiautomatic rifles are allowed for hunting, 374,690 deer were harvested in 2019.
Kim Kelly, a labor organizer in Brooklyn, explained the economic implications of this law in the Washington Post: “Regardless of one’s opinion on guns and gun control, it is obvious that this proposal will disproportionately impact poor and working-class communities. Those within those communities who already own firearms would be robbed of their ability to protect themselves and their loved ones, while their wealthier counterparts would skate by on their ready piles of cash… In effect, Biden’s plan sets in motion a “war on guns,” the same way his predecessors declared wars on “poverty,” “crime” and “terror” — wars in which it was inevitably black and brown people who were the real targets."
The $200 gun tax suggests certain assumptions by Biden and other leftist politicians, made about working-class Americans and their ability to responsibly own firearms. The Second Amendment is a right held by all Americans, not just wealthy ones.
Photo Credit: VCU Capital News Service
Trump vs. Biden on Taxes

Corporate Tax
Biden: 28%
Trump: 21%
Capital Gains and Dividend Tax
Biden: 43.4%
Trump: 23.8%
Small Business Tax
Biden 39.6%
Trump 29.6%
Top Individual Income Tax
Biden: 39.6%
Trump: 37%
Income and Payroll Tax
Biden: 49.34%
Trump 39.35%
Individual Mandate Tax:
Biden: Yes
Trump: No
Gun Tax:
Biden: Yes
Trump: No
Carbon Tax:
Biden: Yes
Trump: No
Lawmakers Introduce Legislation to Increase Retirement Security by Strengthening 401(k)s and IRAs

Ways and Means Committee Chairman Richie Neal (D-Mass.) and Republican Leader Kevin Brady (R-Texas) today released the “Securing a Strong Retirement Act of 2020,” legislation that contains numerous provisions that expand defined contribution plans like 401(k)s and individual retirement accounts (IRAs).
The legislation contains several tax cuts for families and businesses in order to increase the utility of 401(k)s and IRAs. The bill gives Americans increased flexibility over required minimum distributions so that they can continue saving for longer. The proposal also contains several other commonsense provisions to incentivize increased retirement savings such as allowing businesses to provide matching contributions to a retirement account when a worker makes student loan payments.
Members of Congress should support and co-sponsor this legislation.
The legislation expands the saver’s credit making it available to millions of American families. Currently, the credit is available in three different income thresholds:
- Single filers with AGI of $19,500 or less and joint filers with $39,000 of AGI or less can claim a credit of 50 percent on 401(k)/IRA contributions of up to $2,000.
- Single filers with AGI of less than $21,500 and joint filers with AGI of less than $43,000 can claim a 20 percent credit.
- Single filers with AGI of less than $32,500 and joint filers with AGI of less than $65,000 can claim a 10 percent credit.
While this credit incentivizes some Americans to save for retirement, the low threshold levels mean that many Americans cannot utilize the saver’s credit. The Securing a Strong Retirement Act addresses this by expanding the credit.
Under the legislation, the 50 percent credit is available to single filers with less than $40,000 in AGI and joint filers with less than $80,000 in AGI and can be claimed for 401(k)/IRA contributions of up to $3,000. This credit begins phasing down through $60,000 of AGI for single filers and $100,000 for joint filers. This will dramatically increase utilization of the credit and provide another incentive for Americans across the country to save for retirement.
The proposal also increases incentives for small businesses to offer retirement plans. Specifically, the start up credit, which is currently available to businesses with 100 employees or less, is increased from 50 percent of startup costs to 100 percent of costs. Employers with 50 workers or less are eligible for a credit for employer contributions of up to $1,000 per employee. This credit is also available for businesses with between 51 and 100 employees but phases out by 2 percent for every employee above 50.
The legislation contains several provisions granting savers more flexibility to avoid making required minimum distributions (RMDs). Currently, Americans must begin taking RMDs from their 401(k)s and IRAs beginning at aged 72. RMDs are typically calculated based on a fraction of the total account balance and the individual’s life expectancy.
The legislation increases the RMD age to 75, so that Americans can keep their savings in retirement plans for longer. Individuals with account balances of $100,000 or less would be exempt from RMDs. In addition, the bill makes it easier for annuity payments to count toward the RMD amount and reduces the excise tax for failing to tax RMDs from 50 to percent to 25 percent or 10 percent.
The legislation also contains a number of other provisions designed to increase in retirement savings. For instance, the bill would allow employers to make matching contributions to a retirement account when an employee makes student loan payments. This will serve as another way that businesses can help their employees save more for retirement.
In addition, the legislation allows employers to offer their workers small financial incentives to join and contribute to a retirement plan. Lastly, the proposal indexes the $1,000 IRA catch-up contribution to inflation and creates an additional catch-up contribution for employer sponsored plans for Americans aged 60 and above of $10,000 so that those approaching retirement can save more.
The Securing a Strong Retirement Act of 2020 contains a number of important provisions that increase the flexibility and utility of 401(k)s and IRAs including several tax cuts for American families and businesses in order to encourage retirement savings. Members of Congress should support this important legislation.
Photo Credit: Gage Skidmore
ATR Leads Coalition Encouraging SEC to Review Quarterly Reporting

Under the leadership of Chairman Jay Clayton, the Securities and Exchange Commission has taken a tactful approach to review regulations and statutes for their efficiency in a marketplace that is constantly evolving, innovating and incorporating new technologies to help investors successfully plan for their long-term interests. At the heart of many of Chairman Clayton’s initiatives has been reducing regulatory barriers and encourage more private companies and retail investors to seek the capital markets.
On Dec. 28, 2018, the SEC published an advance notice on proposed rulemaking in the Federal Register to request public input on how best to balance investor protection and the need for quarterly disclosure of financial reporting. This comes on the heels of President Trump asking SEC Chairman Jay Clayton to review the process, of which the SEC agreed to continue to “study public company reporting requirements, including the frequency of reporting.”
Specially, the solicitation of comments asks investors and businesses alike to evaluate the need for multiple disclosures of quarterly filings, known as Form 10-Q, in conjunction with yearly financial disclosures on Form 10-K and earnings reports on Form 8-K. Among the multiple businesses and investors who provided comments, there is support for the SEC to review and consider adopting new reporting guidelines that would amend the current quarterly standard and adopt a tri-annual, or even a biannual reporting structure.
As some of the comments submitted to the SEC suggest, switching from quarterly to tri-annual, or even a biannual reporting basis, could help promote long-term investing, instead of a “short-termism” trading mentality. Proponents of the proposal note that shifting to a model that decreases the reporting frequency will save costs for public companies, particularly small cap companies, as the reports are time consuming, expensive, and repetitive as there are already multiple other forms of reporting to the SEC. Those opposed to shifting to a less-frequent reporting system believe that the lack of quarterly reports leaves investors in the dark and lacks transparency for disclosing company performance. However, as has been the case particularly among technology businesses have operated at a loss for multiple quarters or years after going public and using their earned capital to reinvest back into the business before turning a profit. Had some investors purely relied on Form 10-Q reporting, discounted the products or services made and the business’s management team, these investors could have been left out of valuable growth opportunities.
Since the healthcare crisis created uncertainty beginning in March, over 850 companies have pulled quarterly guidance, as noted by CNBC. Because of the uncertainty surrounded by the crisis, investors actually have not punished companies for not providing guidance during Q2 and Q3 of this year, with many companies opting not to providing guidance for a full year. For example, only 67 of the S&P 500 companies have resumed guidance. With this lack of guidance and the market returning to near pre-COVID levels, it has some institutional investors supporting the idea to eliminate the trend of quarterly guidance to encourage more long-term investment in the market as well.
Americans for Tax Reform lead the coalition letter encouraging the SEC to ease compliance burdens on public companies and promote policies to that encourage shareholders to invest for the long-term by moving toward tri-annual reporting and reviewing guidance structures.
Click here to review our letter.
Photo Credit: Eric Allix Rogers
Norquist in the Union Leader: NH Fights MA Efforts to Raises Taxes on Granite Staters

New Hampshire has filed a lawsuit in the United States Supreme Court over Massachusetts’ unconstitutional effort to raise taxes on residents of the Granite State.
Before the pandemic, roughly 80,000 people chose to live in New Hampshire and commute into Massachusetts for work every day. This arrangement has allowed them and their families to benefit from the New Hampshire Advantage – New Hampshire is one of nine states that do not tax wage income, one of five states with no statewide sales tax, and also prohibits local governments from collecting sales taxes.
“Households can keep more of their hard-earned income than if they lived in Massachusetts, which imposes a 5% income tax rate,” wrote Grover Norquist, president of Americans for Tax Reform in a recent OpEd in the Union Leader. “Living in New Hampshire also allows them to avoid the Bay State’s 6.25% combined state and local sales tax rate.”
For years, Massachusetts and New Hampshire have had an agreement in place for these New Hampshire commuters. “New Hampshire residents who work in Massachusetts must pay Massachusetts income taxes for days spent physically working in the Bay State; income earned on days spent working from home in New Hampshire is NOT taxed by Massachusetts,” explained Norquist.
But now, an emergency order from Gov. Charlie Baker’s (R-Mass.) Administration changed that deal. Through at least the end of the year, Massachusetts is forcing New Hampshire commuters who are teleworking due to the coronavirus to pay Massachusetts income taxes. “Even if New Hampshire teleworkers do not step one foot into Massachusetts while the order is in place, the Massachusetts Department of Revenue says they still have to send over a chunk of their paycheck,” wrote Norquist.
Fortunately for these commuters – and all taxpayers, for that matter – Gov. Chris Sununu (R-N.H.) and Attorney General Gordon MacDonald (R-N.H.) are fighting back against Massachusetts’ aggressive tax collectors. New Hampshire has filed a lawsuit against Massachusetts in the United States Supreme Court in hopes of stopping this tax grab.
“This is not just New Hampshire’s fight,” warned Norquist. As taxpayers continue to move from high to low tax states, money hungry lawmakers will continue to search for new ways to export their state’s tax burden.
To read Norquist’s full OpEd, click here.
Photo Credit: Samuel Tristán
Freelancers and Independent Contractors Beware: Biden Vows to Impose the PRO Act Which Threatens Your Livelihood

The freedom to work as a freelancer or independent contractor provides flexibility for households and vibrancy to the American economy.
But Joe Biden and Kamala Harris have both endorsed the PRO Act which threatens freelancers and independent contractors.
The PRO Act not only bans Right to Work laws nationwide, it imposes the same independent contractor/freelancer-destroying policies of California's AB5 law, which has destroyed countless lives and driven people out of the Golden State.
Examples of quotations from people hit by AB5:
"I lost the career and relationship I was building with a content writing company." [Link]
"AB5 is why I had to pack my very ill husband with stage 4 cancer and autistic son and leave the state. There is no way I can take care of our family and work a 'traditional' type job." [Link]
"I'm a certified court interpreter. I've been very happily freelancing for 15 years. I can choose which agencies to work with, and work as much or as little as I want to spend time with my 3-year-old. AB5 is destroying my wonderful work/life combo." [Link]
"We do all sizes of events, mostly in the 50 to 200 guest range. Every now and then we'll have a 1,000-person event. I bring in independent contractors to work one day and this law says I have to bring them into my payroll. For ONE EVENT, I would have to bring on 100 people into payroll. Insane." [Link]
"AB5 is destroying the pet setting business due to having to hire as employees!" [Link]
"I lost my job of 12 years as a medical transcriptionist because of AB5. Many in this profession value the flexibility in hours and working from home more than employee status. Now I have no money at all." [Link]
"Not only myself but hundreds of hard working TAX paying musicians will now be forced to go back underground for cash gigs, and leave me here to figure out and question why I ever followed the law and created a small business to create the American dream and create jobs for so many others. Two decades of my business destroyed because I have no one who wants to work for me now." [Link]
"Being an independent contractor gave me the ability to set a work schedule that my body could handle and make enough to support myself by only working a few hours a day." [Link]
Here is the documentation of Biden's endorsement of AB5 and the PRO Act:
"I look forward to signing the PRO Act as President" said Biden on Feb. 9, 2020.
"I support AB5 in California" said Biden on March 7, 2020.
The PRO Act legislation is live ammunition, having already passed the Democrat-run U.S. House of Representatives. In the Senate, it has 40 Democrat co-sponsors and the self-described socialist co-sponsor, Bernie Sanders.
The PRO Act has also been endorsed by a number of Democrat senatorial candidates including Cal Cunningham, John Hickenlooper, Sara Gideon, Theresa Greenfield, Ossoff and Mark Kelly.
California's AB5 law was passed by state Democrats in 2019 and took effect on Jan. 1, 2020. It has caused widespread misery in California among dozens of freelancer and independent contractor occupations. Residents have fled to other states to pursue their dreams and pay their bills.
Now Democrats want to impose this nationwide to make the union bosses happy and keep their campaign coffers flush with cash skimmed from "dues" from newly unionized workers forced into a union by the PRO Act. This policy tramples on freelancers and independent contractors by attempting to force them into an employment relationship, against their wishes and needs.
Freelancers and independent contractors want to be their own boss. AB5 and the PRO Act dictate they must have a boss.Households need greater flexibility than ever. Biden and Harris will destroy that flexibility and freedom. No wonder the media hasn't covered this issue.
Photo Credit: Phil Roeder
Nevada Pledge Signer Seeks Anti-Appropriations Committee to Protect Taxpayers

Earlier this year, Nevada held an emergency session to deal with a budget gap related to COVID-19. By imposing a tricky tax hike, accelerating the collection of mining taxes, and moving money around, Governor Sisolak and the legislature supposedly addressed this gap.
This is unlikely to hold, and Nevada, like many states, will have tough decisions to make on the budget. Democrat leaders continue to refuse to make government sacrifice, even as millions of private sector workers lose their jobs. Some Democrat governors are awaiting a federal bailout, others have already increased taxes and borrowing.
To stop Nevada’s Governor from passing the bill to taxpayers for an expensive state government, Assembly candidate, and Taxpayer Protection Pledge Signer, Annie Black is proposing an “Anti-Appropriations Committee to methodically sort through the states expenditures, bring them fully into the light, and cut waste.
In writing about her proposal, Black slammed Sisolak for refusing to make government workers sacrifice: “What he DIDN’T do was cut non-essential government programs, agencies and departments or lay off non-essential government workers. And by refusing to inflict on the government the same agonizing pain he’s inflicted on the rest of us, the ongoing situation is far worse than it should be.”
The committee would be based off the federal Joint Committee on Reduction of Nonessential Federal Expenditures, which “cost less than $20 for every million dollars saved,” and a private committee that offered savings recommendations in Nevada previously, called the SAGE Committee.
The SAGE commission recommendations were never adopted. An anti-appropriations committee would have real teeth to advance savings recommendations, providing ready-made options for cuts whenever someone starts pining for tax hikes and pretending there are no other options available.
Black’s "Cut Out Non-Essential Spending Act" is a great policy, and example to other state legislators who will have to face down demands for tax hikes and bailouts from politicians who are fighting tooth and nail to protect their money-hungry constituencies.
More from Americans for Tax Reform
Rep. Emmer Reintroduces the Retirement Inflation Protection Act

Congressman Tom Emmer (R-Minn.) has reintroduced the “Retirement Inflation Protection Act,” legislation that will amend the tax code to index capital gains taxes to inflation for American taxpayers over the age of 59 ½.
All Members of Congress should support this important, pro-taxpayer legislation to ensure seniors are not taxed on inflationary gains.
Currently, if a senior purchases a stock for $100, and later sells that same stock for $400, he must report and pay taxes on a $300 capital gain. In many cases, much or all of the capital gain is merely inflation. With an historical inflation rate of 3%, inflation halves the real value of all assets every 24 years. While this is bad enough, paying taxes on purely inflationary gains adds insult to injury.
Ending the taxation of inflationary gains will have clear, immediate economic benefits.
Indexation would free up “sticky capital”—buildings, land, stocks—that are held by individuals or businesses rather than sold and put to higher and better use because much of the “capital gain” is inflation and the high capital gains tax discourages mobility of capital. The value of all property in America would increase.
Lowering the capital gains rate would also encourage the formation of more capital and would result in the creation of more jobs, raising wages and worker productivity.
Ending the capital gains tax would help Americans all across the country. Whether one is a worker saving for retirement or a farmer selling off a parcel of land to acquire capital for new equipment and machinery that would help grow their family business, eliminating capital gains will be beneficial to business.
Recent history shows that reducing the tax on capital gains increases short-term federal revenues by creating an unlocking effect, where pent-up gains they had built up over time are realized at greater rates than they would be if the tax was not changed.
While this bill is a good first step, capital gains taxes should be indexed to inflation for everyone. Americans should not be punished by being taxed on inflationary gains.
There is strong support for indexing capital gains taxes to inflation. ATR President Grover Norquist last year led a coalition of 51 conservative, free-market, pro-business, and pro-family activists and organizations in calling for President Trump to end the inflation tax on capital gains. This policy is also supported by Senator Ted Cruz (R-Texas), White House Chief Economic Adviser Larry Kudlow, Vice President Mike Pence, Ways and Means Republican Leader Kevin Brady (R-Texas), The National Federation for Independent Business, The Small Business and Entrepreneurship Council, the Republican Study Committee, and The Farm Bureau.
Even current Senate Minority Leader Chuck Schumer (D-N.Y.) once supported ending inflation tax on capital gains. In a 1992 video then-congressman Chuck Schumer stated:
“If we really want to increase growth, there are proposals that we can do. I would be for indexing all capital gains and savings and borrowing.”
Current House Majority Leader Steny Hoyer (D-Md.) also supported indexing capital gains to inflation in 1992. He said:
“The capital gains provisions in H.R. 4287 benefit small business by indexing newly purchased assets. Income gauged would be much more reliable so that, real not inflationary gains will be taxed, and taxed at the same 28 percent maximum rate on gains.”
Passage of the Retirement Inflation Protection Act will ensure that seniors are protected from the inflation tax. It will ensure Americans keep more of their own money for retirement by ensuring they do not have to pay taxes on inflationary gains. This is great start, but Congress should continue working towards indexing the capital gains tax for all Americans.
Photo Credit: Mike Lawrence


















