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Home/Markets & Investing/CAPITAL GAINS TAX POLICY

The US Tax Code Converts Investment Gains Into Political Power

BP

Brett Pemberton

capital gains tax policy · Apr 14, 2026

The US Tax Code Converts Investment Gains Into Political Power

Source: DojiDoji Data Terminal

The top 0.00001 percent of the population holds in excess of $3 trillion. This concentration of wealth allows 300 billionaires and their families to spend more than $3 billion on federal elections in 2024, while federal campaign spending by the 100 richest Americans has increased 50-fold over the last decade. The richest 19 billionaires now hold 12 percent of the nation's total income.

Related Brief19h ago
tax law

Foreign Investors Face Retrospective Tax Liabilities on Green Assets Dating to 2006

Foreign investors who sold solar, wind, and battery developments after 2006 may now face unexpected capital gains tax liabilities, including penalties and general interest charges. The Federal Government released draft legislation to clarify which assets tied to land holdings are subject to CGT, expanding the scope to specifically include green energy assets. These amendments are proposed to apply retrospectively to December 2006, the date the foreign resident CGT regime was implemented. Corrs Chambers Westgarth tax partner Luke Imbriano described the proposal as one of the most significant retrospective tax measures Australia has seen in decades. CPA Australia tax lead Jenny Wong stated that applying new interpretations of the law back to 2006 sends a signal that rules can change after the fact, making Australia a less attractive place to invest. The draft legislation was released for a two-week consultation period.

This accumulation is driven by a tax system that defines income as realized gains rather than Haig-Simons income, which includes the increase in pre-tax wealth from unsold assets. Because the IRS does not tax unrealized gains, wealthy investors can borrow against unsold shares at low interest rates to avoid income tax entirely. Even when assets are sold, investment gains are taxed at a maximum capital gains rate of 23.8 percent, which is significantly lower than the top wage tax rate of roughly 41 percent.

Related Brief1d ago
tax law

Foreign Resident CGT Reforms Could Force Retrospective Tax Bills for Transactions Dating Back to 2006

Foreign resident taxpayers may face additional tax bills for transactions that settled years ago, potentially accompanied by penalties and a general interest charge. This outcome stems from the federal government’s draft reforms to capital gains tax (CGT) rules, which would retrospectively apply from 2006. Under the proposal, past transactions could be re-examined and taxed differently from how they were originally understood under the legislation and guidance in place at the time. CPA Australia's tax lead, Jenny Wong, describes the measures as a "material policy shift" rather than a technical tidy-up. Backdating the rules is likely to fuel disputes and increase increase compliance demands, raising costs for affected taxpayers and the Australian Taxation Office.

Furthermore, the faster an investment grows, the lower the effective annual tax rate when the shares are eventually sold. This mechanism allows the top 0.00001 percent household to hold 200,000 times the wealth of the average household.

Related Brief3d ago
social security

Social Security’s insolvency date has moved up by two years — and the $6,000 senior tax deduction is helping push it

A typical couple turning 60 in 2025 could lose $18,400 a year in Social Security benefits if Congress does nothing to address the program’s accelerating shortfall. The Congressional Budget Office now projects the Social Security Old-Age and Survivors Insurance (OASI) Trust Fund will be depleted by 2032 — two years earlier than the 2034 date estimated by the Social Security Trustees just months before. The shift stems directly from the One Big Beautiful Bill Act (OBBBA), signed into law in July 2025. The OBBBA introduced a $6,000 senior tax deduction, which slashes federal revenue collected from taxing Social Security benefits. The Social Security Office of the Chief Actuary calculated the bill will drain $168.6 billion from Social Security’s finances between 2025 and 2034. That revenue loss has pulled the insolvency date forward. The OBBBA also restricts immigration, threatening to shrink the workforce. Fewer wage-earners mean less payroll tax revenue flowing into the system — compounding the shortfall. The Committee for a Responsible Federal Budget warns that without congressional action, future retirees could face a 24% benefit cut.

capital gains tax policy

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