[The Center on Budget and Policy Priorities claims that] 55 percent of the assets held by households worth $100 million or more haven’t actually been taxed before being subject to the estate tax.
Let’s repeat that for emphasis: If it weren’t for the estate tax, the majority of the super-rich’s money would never be taxed at all.
How is this possible? The answer has to do with how we do — and don’t — tax capital gains. Now, the first thing to understand is that any increase in the value of your stocks, bonds or real estate is only taxed when you sell them. But what if you don’t? What if you just hold on to them, and eventually pass them on to your kids instead? Well, in that case, you — or, more accurately, they — stand to benefit from one of the biggest loopholes in the entire tax code. The way it works is that it’s not your gains that are taxed, but rather theirs. So let’s say, for example, that you had stock that went from being worth $10 million when you bought it to $100 million by the time you left it to your children. Your heirs wouldn’t owe any capital gains tax on that original $90 million increase — which you also didn’t pay any on — but only on any subsequent increases. This is what’s known as “stepped-up basis,” and, as you could probably guess, it overwhelmingly benefits the rich. The nonpartisan Congressional Budget Office, for its part, estimates that the top 1 percent receive 21 percent of its total money from it, with the next 9 percent getting 34 percent themselves.