Say NO to the Trader Tax!

bigdog posted on 12/21/09 at 09:42 AM

We’re all fired up against this proposed tax at TK, and we want to do our part to mount a campaign against it.

If you haven’t read the excellent WSJ op-ed “A Transaction Tax Would Hurt All Investors” by Burton G. Malkiel and George U. Sauter, you should. If you haven’t signed this online petition Tell Congress To Block the Trader Tax, you should do that too.

The tax proposed by Sen. Tom Harkin (D., Iowa) and Rep. Peter DeFazio (D., Oregon) has gone by several titles; its most recent incarnation is called H.R. 4191: “Let Wall Street Pay for the Restoration of Main Street Act of 2009”. If passed, the bill would impose a 0.25% transaction tax on the "sale and purchase of financial instruments such as stock, options, and futures". Read the latest version of H.R. 4191 here.

It’s a misguided idea for one reason: you can’t easily separate Wall Street from Main Street anymore. The proposed tax seeks to penalize “fat cat” Wall Street firms whose risky speculations jeopardized the larger U.S. economy. We agree those market players do deserve punishment now and tighter oversight and risk management into the future.

But this penalty won’t hit its fat cat target. Instead it’ll settle on the shoulders of millions of Main Street investors who are already struggling against myriad obstacles to meet their basic financial goals.

Malkiel, a Princeton economics professor, makes the same core argument in his op-ed, so I won’t repeat that here. What I will add are my insights from running a fledgling brokerage firm with 160,000+ independent, active investors as our client base, and from my daily interactions with you guys in our Trader Network. Here’s the picture I see, one I think is utterly invisible to DeFazio, Harkin and proponents of their trader tax:

There are now approximately 20 million U.S. investors actively managing their own money to meet their financial goals. The reviled “Wall Street speculator” who will be paying this tax is, on average, an individual investor of middle income in his 50s. He faces plenty of financial obstacles already:

•    He’s paying astronomical college tuition bills in an era of shrinking student aid and skyrocketing medical bills for his whole family.

•    His aging parents may require his financial support.

•    His own retirement portfolio hasn’t budged in its net size over the last decade, even though he’s poured more savings into it. He knows for a fact Social Security won’t provide him any support, and his Medicare benefits are similarly in jeopardy.

•    Worst of all, he probably relied on a financial advisor to help him through this maze. Most of these “trusted” professionals hemorrhaged their clients’ portfolios  with poor advice and high fees. After last fall’s market crisis, many won’t even answer the phone when this “small fry” investor demands answers.

Individual investors are alone, shouldering an incredible burden for themselves and their families. If you’re already in your 50s, buy-and-hold just isn’t going to cut it as a retirement strategy. During the 2008 market crisis until today, we’ve opened TradeKing accounts for literally thousands of investors facing these terrible odds. Our clients are modern-day Horatio Algers, trying to claw their way out of this hole through smart, risk-managed active trading.

DeFazio and Harkin contend that the tax is designed not to hit individual investors like the guy described above. As they wrote in the WSJ op-ed rebuttal, “A letter from 200 economists argues that this tax would have limited impact on trades that provide real economic value. Our legislation excludes tax-deferred pension accounts, the purchase of mutual funds, and the first $100,000 in transactions annually, protecting long-term investors and the majority of Americans.”

$100,000 sounds like a big number for a smaller investor – but it’s not. If you rebalance your $200,000 portfolio annually, as nearly all personal finance experts encourage, you’d face an additional $500 in taxes for stock, options and futures holdings in a non-retirement account. This is on top of whatever capital gains and income taxes you already pay, not to mention commissions.

The bill says you’re exempt for the first $100,000 of those transactions, so you could ultimately get $250 of that $500 back. But it’s very likely you’d have to file for this exemption specifically in your taxes and wait for reimbursement. More work for you (and more billable time for your tax advisor). The proponents of this tax are counting on many people not to go to that extra trouble.  

Can’t an investing guy or gal get ahead?

DeFazio and Harkin dismiss this trading activity as having no “real economic value”. Tell that to the individual investor struggling to use his brains, skills and limited capital to meet so many financial goals on his or her own steam.

This investor is not the “Wall Street speculator” that caused all our economic troubles; those big market players will smoothly pass on their share of the Trader Tax to the little guy either as additional fees or widened bid-ask spreads, both of which cripple the little investor even more. This guy represents the “Wall Street” that dissolves into “Main Street”. He deserves our help and support, not a penalty.

We’re writing our congresspeople in Boca and Charlotte to get our voices heard, and you should do the same. Sign the petition today!

[image: no sign by TheTruthAbout… on Flickr]

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Posted by bigdog on 12/21/09 at 09:42 AM

Comments

OldFart posted December 21, 2009 (11:43AM)

Big Dog, just wanted to let you know there are several threads on this topic in the Forums, strong opposition to the proposed tax as you can see, link to the last one below. We did our part and signed the petition, please let us know if something else comes to mind - in case the people you are talking to want to speak with somebody or something else


Link - http://community.tradeking.com/forum/topics/4104/forum_posts

corbinb2 posted December 21, 2009 (01:03PM)

Just like unfettered interest rate hikes on credit cards, increased and often 'manipulated into existence' bank fees and a myriad of other manufactured fees and penalties within the financial industry, lets call this what it is...a money grab.

This is how 'the government' (i.e. the taxpayer) is going to pay for the bailout 'the government' (i.e. not the taxpayer) decided to handout. The difference being this is long term folks. If this gets in it won't be taken away. This is a federal money grab that should never even see the light of day on the floor of either house.

I hear see the ads now....

'Why manage your own investments when we can do it for you?...No transaction tax to worry about or time spent watching your investments when you could be enjoying your day with the family....."...etc.

In some form this is a way for the big firms to get people away from managing their own investments...don't kid yourself. They see where things are going with discount brokers and self-directed retirement accounts. DO NOT be fooled!

SAY NO and SAY IT HARD!

bigdog posted December 22, 2009 (11:36AM)

Definitely watching the forum discussions, OldFart. I've been monitoring those discussions frequently while doing a little research on my own for this post.

Glad to hear you guys are mobilized and active against this tax. We've put out a policy statement against it and will be contacting our Congresspeople and various media outlets to represent our views on it. We may need to find individual investors willing to speak publicly on this issue; we'll let you know as this effort progresses.

Let's stand strong against the trader tax!

Don

incubus posted December 22, 2009 (02:18PM)

I completely agree with your thoughts Bigdog, however, I also think investment banks and large funds should be taxed for extremely frequent & large trades.
HFT trading is a perfect example of where massive tax revenues could be derived from trade activity that has only served to become a detriment to the long term market....I can't imagine the knowledge that there are computers sitting on exchange floors directly linked to the stock market with software that has been openly acknowledged to have the ability to manipulate entire markets is an encouraging factor for buy and hold investors.....tax them, tax them BIG.

We discussed this on the thread Old Fart posted, it all boils down to the stupidity of taxing all trades over $100K per year to punish the actions of the minority who have more than enough gained after the whole thing to afford paying for their misdeeds..

This would easily hurt even the smallest investors who try to balance their portfolios to account for the volatile moves caused by the large daytrading, "alg" & HFT activity created by firms like Goldman Sachs.

If I were to guess, I'd say Defazio is trying to throw everyone into a lump sum categopry labelloed "Wall St" in hopes that "Main St" won't know the difference.

It's wrong, small investors have been severely penalized already by the very group Defazio is including us into, we should not have to pay yet again for the impropriety and misdeeds of those who continue to abuse power at the expense of an already jobless and potentially homeless"Main St".

Go after GS, JPM, Citi and the rest of the "big boys" of Wall st, stop  beating the life out of the small guys, they're only trying to get back what has been taken by the individuals that should be taxed.

incubus posted December 22, 2009 (02:27PM)

I also find myself wondering...if Defazio is that concerned wioth "making Wall street pay", how far has he gotten to research the massive naked shorts last year?
I can't help but wonder that there has to be a lot, an awful lot of money in fines and penalties that could be drudged up from offenders who engaged in what was illegal naked short selling at the time, yet "accidentally" not noticed by the SEC.

DavidDT Trading-to-Win.com posted December 23, 2009 (07:16PM)

Does anyone truly believes in democracy at this day and age?
Does anyone really thinks THEY give a rat's arse about OUR opinions?
They OWN you, they are the OWNERS of this country, about 800 families club have clear titles on all of US.
Stop diluting yourselves
Your voice mean 'nottin, 'nottin at all...none hears your crying, none cares...just liek every single still employed American does not give a damn about his unemployed neighbor (as long as neighbor's house is not being foreclosed therefore reducing value of neighboring houses) or just like everyone with health insurance hates ANY kind of reform (and damn right they are - any "change" by this goberment will be for the worse)

This is what you get when you let arrogant corrupted incompetence to rule the country.

bigdog posted December 29, 2009 (02:54PM)

Interesting points, incubus - thanks for sharing. I hope to get in a room with some congressional players on this bill, if it continues towards becoming legislation in 2010. If I do, I'll be sure to bring these points up!

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