Despite the public outcry over $165 million in bonuses awarded at troubled
insurer AIG, Senate Majority Leader Harry Reid (D-Nev.) showed little
inclination Monday to bring the explosive issue to the floor this week or
next. Instead, Reid is likely to delay action on executive compensation
until late April, after the Senate returns from a two-week recess starting
April 4.
The lack of enthusiasm to expedite the bonus legislation comes after Obama
said over the weekend that he didn't think it was a good idea for Congress
to target individuals with tax proposals.
well here it is
Banks reap big tax breaks atop bailout billions
By STEPHEN OHLEMACHER -
WASHINGTON (AP) - Some of the nation's biggest banks are in for a
windfall - on top of the $700 billion government bailout - thanks to a
new tax policy quietly issued by the Treasury Department.
The notice gives big tax breaks to companies that acquire struggling
banks hit hard by the mortgage crisis. In some cases, the tax breaks
could exceed the cost of acquiring the banks, according to analyses by
private tax experts.
The change could cost the Treasury as much as $140 billion by enabling
firms that acquire struggling banks to use more losses incurred by
those banks to offset their own taxable profits.
Wells Fargo & Co., which made a bid to acquire Wachovia Corp., just
days after the notice was issued, stands to reap about $20 billion in
additional tax savings because of the change, according to the
analyses. Wells Fargo paid $14.8 billion in a stock deal to buy
Wachovia.
The notice was issued Sept. 30 as Congress debated the $700 billion
bailout plan. Some members of Congress are upset that such a sweeping
tax change was issued with no public hearings or congressional input.
"I am concerned that the notice, which was never debated by Congress,
could end up costing taxpayers tens of billions of more dollars on top
of the hundreds of billions of dollars already approved by Congress in
the financial rescue plan," Sen. Charles Schumer, D-N.Y., said in a
letter last week to Treasury Secretary Henry Paulson.
Treasury Department spokesman Andrew DeSouza said the notice was
issued to provide tax guidance to firms involved in bank takeovers at
a time when numerous financial institutions are struggling and their
value can be difficult to determine. He said it wasn't aimed at any
one specific taxpayer or transaction.
"Treasury has worked very hard at expediting tax guidance to provide
clarity regarding uncertain tax issues relating to the financial
markets," DeSouza said. "This guidance was developed over many weeks
by Treasury and the IRS and was not requested by any outside
institution. This was broad guidance."
Some tax lawyers on Monday questioned the legality of the notice, but
DeSouza said it is authorized under the department's regulatory
authority.
When one bank acquires another, it is allowed under tax law to use
some of the unrecognized losses of the bank it acquires to offset its
own revenues for tax purposes. That lowers the tax liability of the
merged bank.
Before the notice was issued, the merged bank could write off only a
limited amount of the losses. The notice removed those restrictions,
enabling the acquiring banks to make huge reductions in their tax
liabilities.
In some cases, banks can qualify for refunds of taxes paid in previous
years through writing off losses of the banks they acquire, said
Robert Willens, a corporate tax lawyer in New York.
DeSouza said the Treasury Department did not issue a formal estimate
on the cost to taxpayers.
However, a widely circulated commentary by the law firm of Jones Day
estimates that banks could reap tax savings of up to $140 billion by
acquiring banks with large losses related to the housing market
downturn.
Willens estimates the change will cost taxpayers $105 billion to $110
billion. He calculated that it will reduce Pittsburgh-based PNC
Financial Services Group Inc.'s taxes by about $5.1 billion through
its takeover of National City Corp. Spain-based Banco Santander could
cut its tax liability by an additional $2 billion with its takeover of
Philadelphia-based Sovereign Bancorp, he said.
Willens is one of the tax lawyers who doubts the legality of the
notice. But, he said, repealing it could be disastrous for the banking
industry and for financial markets.
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