Wealth tax

The official term used to denote the wealth tax in Argentina is "Impuesto sobre los Bienes Personales".

On 31 December 2021, Argentina’s tax authorities published General Resolution 912/2021, which introduces new modifications to the country’s wealth tax.[10]

The modifications made to the wealth tax in Argentina entail an augmentation of the non-taxable minimum to ARS 6,000,000. Moreover, residential real estate assets, wherein the owner's daily domicile is situated, shall not be subject to taxation if their worth equals or falls under ARS 30,000,000 (approx. US$138,000 at April 2023 official exchange rate) . Additionally, the taxation rate structure has been revised. Assets surpassing ARS 100,000,000 (approx. US$460,000 at April 2023 official exchange rate) will now be taxed at a rate of 1.50%, while those exceeding ARS 300,000,000 will be taxed at a rate of 1.75%.[10]

Before FY2021, for assets held within Argentina, the tax is progressive from 0.50% on assets above ARS 3,000,000 (approx. US$32,000 at April 2021 official exchange rate) to 1.25% on assets above ARS 18,000,000 (approx. US$193,000 at April 2021 official exchange rate).[11] For assets held outside of Argentina, the tax is progressive from 0.70% on assets above ARS 3,000,000 to 2.25% on assets above ARS 18,000,000.[12]

The Act of 7 February 2018, which is effectively a "wealth tax", announced an annual tax on securities accounts that imposes a 0.15% annual tax on financial instruments kept in securities accounts that are worth more than €500,000 per account holder. [13]

The first taxable period started on 10 March 2018 and ended (at the latest on) 30 September 2018, for which the tax had to be paid by 30 Augusts 2019. The second taxable period runs from 1 October 2018 to 30 September 2019. In October 2019, the Belgian Constitutional Court issued a decision annulling this tax on securities accounts, with effect as of 1 October 2019. [14]

However, Belgium now re-introduced the annual tax on securities accounts law with some modifications in February 2021. The Belgian Parliament adopted the adjusted tax on securities accounts law applicable from 26 February 2021, with the first reference period ending on 30 September 2021. A solidarity tax of 0.15% is now applicable on securities accounts that reach or exceed €1,000,000 without regard to the number of accountholders, and the tax amount is limited to 10% of the difference between the taxable base and the threshold of €1,000,000.[15]

On 1 January 2019, the Senate passed a tax reform bill that includes a lower corporate tax rate, a new tax rate for financial corporations, and a new wealth tax. For the years 2019, 2020, and 2021, the new wealth (equity) tax has been set at 1% for Colombian-resident individuals' worldwide net worth, and 1% for non-resident individuals on Colombian properties only, such as real estate, yachts, artwork, vessels, ships, and other assets with a net equity of at least COP5 billion (US$1.5 million). Shares in Colombian firms, accounts receivable from Colombian debtors, some portfolio assets, and financial lease agreements are all exempt from the tax.[16] Following the COVID-19 pandemic, the richest Colombians will face higher taxes on wages, dividends, and properties, as well as a one-time "solidarity levy" on high incomes. All of which is part of a new bill that was sent to congress in April 2021. The bill aims to collect about 25 trillion pesos (US$6.9 billion) a year through new taxes and budget restraints, equating to 2.2 percent of GDP.[17]

On 13 December 2022, the Colombian President Gustavo Petro enacted Law 2277 of 2022, which contains the tax reform proposals previously approved by congress. A new wealth tax will be introduced as a permanent tax on individuals with net worth as of 1 January of the relevant tax year exceeding 72,000 UVT. This amount will be calculated as the aggregate value of assets owned (real estate, investments, vehicles, financial products, accounts with financial institutions, etc.,), less the liabilities and debts. The tax will apply to the worldwide assets of resident individuals; nonresident individuals will be subject to wealth tax only on their Colombian assets. The tax rate is between 0 and 1,5% until 2026 and will be between 0 and 1% FY 2027 onwards.[18]

Since 2018, France has a had a wealth tax based on real estate (impôt sur la fortune immobilière, IFI). It is payable by individuals who own real estate assets with a combined value of more than €1,300,000. French residents with global assets and non-residents who own French real estate may be liable for IFI. For French residents, the figure is calculated on all global real estate assets, and for non-residents, the figure is calculated based on the total value of French property and real estate assets only.[19]

From 1989 to 2017, France had the solidarity tax on wealth (impôt de solidarité sur la fortune, ISF), an annual progressive wealth tax on any net assets above €800,000 for those with total net worth of €1,300,000 or more. Marginal rates ranged from 0.5% to 1.5%. In 2007, it collected €4.07 billion, accounting for 1.4% of total revenue.[20][21]

Two types of wealth taxes are imposed in Italy.

• "Imposta sul valore degli immobile situati all’estero" or "IVIE", is a 0.76% tax imposed on real assets held outside Italy. The values of such assets are determined by the purchase price or current market value. Property taxes paid in the country where the real estate exists can offset IVIE. For real estate owned in a European Union (EU) member state and in a country which is a member of the European Economic Area (EEA) that has an exchange of information agreement with Italy, the wealth tax is based on the cadastral value in force in the foreign country. In instances where there is a lack of cadastral value, the wealth tax is based on the purchase cost of the property resulting or the market value in force where the real estate is located. No IVIE is due if the tax is lower than EUR 200; otherwise, the entire IVIE amount is due. If the real estate properties are subject to a property tax in the country in which they are located, the individual can deduct the amount paid from the tax due in the Italian tax return.[22]
• Another tax, "Imposta sul valore delle Attivita` Finanziarie detenute all` Estero" or "IVAFE", is 0.20% and is levied on all financial assets located outside the country, including, so far as the language seems to imply, individual pension schemes such as 401(k)s and IRAs in the US.[23]

There is a tax called vermogensrendementheffing. Although its name (wealth yield tax) suggests that it is a tax on the yield of wealth, it qualifies as a wealth tax, since the actual yield (whether positive or negative) is not taken into account in its calculation. Up to and including 2016, the rate was fixed at 1.2% (30% taxation over an assumed yield of 4%). From the fiscal year of 2017 onwards, the tax rate progresses with wealth. See Income tax in the Netherlands. In addition to the vermogensrendementheffing, owners of real estate pay a tax called onroerendezaakbelasting, which is based on the estimated value of the real estate they own. This is a local tax, levied by the city council where the property is located.

0.7% (municipal) and 0.15% (national) a total of 0.85% levied on net assets exceeding 1,500,000 kr (approx. US$170,000) as of 2019.[24] For tax purposes, the value of the primary residence is valued to 25% of the market value, secondary residences to 90% of the market value, while working capital such as commercial real estate, stocks, and stock funds are valued at various percentages.[25] The Conservative Party, Progress Party and the Liberal Party have stated that they aim to reduce and eventually eliminate the wealth tax.[26]

Switzerland: A progressive wealth tax that varies by residence location. Most cantons have no wealth tax for individual net worth less than SFr 100000 (approx. US$100,000) and progressively raise the tax rate on net assets with a top rate ranging from 0.13% to 0.94% depending on canton and municipality of residence.[27] Wealth tax is levied against worldwide assets of Swiss residents, but it is not levied against assets in Switzerland held by non-residents.[27][28]

There is a tax called Patrimonio. The tax rate is progressive, from 0.2 to 3.75% of net assets above the threshold of €700,000 after €300,000 primary residence allowance.[29] The exact amount varies between regions.

Swiss wealth tax is regulated on a cantonal basis. All cantons levy a net wealth tax based on the balance of the worldwide gross assets minus debts, and tax rates can vary depending on the taxpayer's residency, with maximum rates varying from around 0.13% to 1.1%.[30]

Ancient Athens had a wealth tax called eisphora (see symmoria), and a wealth registry consisting of self-assessments (τίμημα), limited to the wealthiest. The registry was not very accurate.[31]^: p.159

The religion of Islam has a concept sometimes described as a wealth tax called Zakat.[32][33]

Iceland had a wealth tax until 2006 and a temporary wealth tax reintroduced in 2010 for four years. The tax was levied at a rate of 1.5% on net assets exceeding 75,000,000 kr for individuals and 100,000,000 kr for married couples.

Similar to Iceland, Denmark taxed household income above a certain exemption threshold, which was about the 98th percentile of the wealth distribution, until 1997. A dozen OECD countries imposed similar taxes until the 1990s, but the Danish wealth tax was the highest of its kind. Until the late 1980s, the marginal tax rate on wealth was 2.2 percent, leading to a very high rate on the return on wealth. After minimizing the tax for some years, the Danish government eventually abolished the tax altogether in 1997.[34]

Some other European countries have discontinued this kind of tax in recent years: Germany (1997), Finland (2006), Luxembourg (2006) and Sweden (2007).[35]

In the United Kingdom and other countries, property (real estate) is often a person's main asset, and has been taxed – for example, the window tax of 1696, the rates, to some extent the Council Tax.

Senators Elizabeth Warren and Bernie Sanders included a billionaire wealth tax in their campaign platforms during the 2020 United States Presidential Election. A February, 2020, poll found 67% of registered American voters supported a wealth tax on billionaires, with support at 85% of Democrats, 66% of independent voters, and 47% of Republicans.[36] Liz Wolfe at Reason (magazine) commented: "The reality is that in order to actually raise the amount of money progressives like Warren [and Sanders] want to spend, they'd almost certainly need to tax a much larger base: the 'working rich.' They're some of the wiliest folks around, ready to move money overseas or engage in tricky tactics to avoid the prying hands of the federal government if incentivized to do so. Many countries that have implemented wealth taxes have later reversed those decisions due to capital flight and impracticalities of enforcement, including Austria, France, Sweden, and the Netherlands. Every time Warren talks about her paid-for wish list proposals, she's talking about taxing the working rich. The reason why it never happens, though, is because it would be political suicide to tax such a key constituency."[37]

In France, the left candidate at the presidential election of 2022, Jean-Luc Mélenchon, proposed to tax the wealth income as the labour income. Also he wanted to increase inheritance tax on the highest estates by accounting for all gifts and inheritances received throughout life and create a maximum inheritance of 12 million euros (i.e. 100 times the median net wealth). [38]

In order to bridge the wealth gap between rich and poor in Germany, the Social Democratic Party of Germany called for a nationwide wealth tax to be reintroduced in 2019.[39] According to the proposed tax reform, wealthy households would be required to pay an extra tax between 1% and 1.5%. A single household would need to pay 1% of their net worth on every euro surpassing €2 Million and married couple would have to pay for every euro surpassing €4 Million. A married household with a combined net worth of €4.2 Million would have to pay an annual wealth tax of €2,000.[40] The proposition was eventually vetoed by the CDU/CSU and therefore never again considered.[41]

In 2017, when introducing the fiscal reform of the solidarity wealth tax, the government of the French president Emmanuel Macron used the first argument of capital flight. The other argument stated by the comity of evaluation of reforms on wealth fiscalism was that the previous wealth tax was not enough progressive for the top 0.1% wealthier. The “IFI” as the “ISF” are wealth tax thus they concerned high earners. A big part of people paying this tax are in the ninth decile of income distribution and the “IFI” represents one over two household in the wealthiest 0.01%. Therefore, in the general tax system, the “IFI” contributes, as did the ISF, to make the tax system more progressive. But this progressivity has limits: “the IFI represents on average 0.1% of income around the ninth decile and 1.2% of income of 0.1% of very well-off households in 2018. While the income tax rate under the ISF was stable overall, within the top 0.1% of income, the income tax rate under of the IFI declines for the wealthiest and falls to 0.6% for the top 0.01%.” [49] Broadly, this reform largely benefits to the 0.1% wealthier and did not make this wealth tax more progressive as it was supposed to be. In fact, it reduced the number of accountable people of wealth tax leaving the country but in term of investment, the gains of this reforms has been traduced in an increasing of dividend on capital earnings (37.4 billion from non-financial society had been paid) and not on direct investment on corporate (see “Capital flight”). In average and from different studies, those fiscal reforms benefited more to top-wealthier households. For Ben Jelloul and al. (2019), the reforms benefit for the top 1% more wealthier household with +5.5 point of disposable revenue. For Madec and al. (2019) it had affected on the top 2% of the wealthier households and for Pasquier and Sicsic (2019), the 5% of the top distribution perceived 57% of the gain of the fiscal reform.[50]

Unlike property taxes that fall on the full value of a property, a net wealth tax only taxes equity (value above debt). This could benefit those with mortgages, student loans, automobile loans, consumer loans, etc.

A 2006 article in The Washington Post titled "Old Money, New Money Flee France and Its Wealth Tax" pointed out some of the harm caused by France's wealth tax. The article gave examples of how the tax caused capital flight, brain drain, loss of jobs, and, ultimately, a net loss in tax revenue. Among other things, the article stated, "Éric Pichet, author of a French tax guide, estimates the wealth tax earns the government about $2.6 billion a year but has cost the country more than $125 billion in capital flight since 1998."[70][71]

In fact the wealth tax named "Impôt sur les Grandes Fortunes" (IGF) ["tax on great wealth"] had been created in 1980, then suppressed in 1986 before finally being reintroduced in 1988 under the name “Impôt de Solidarité sur la Fortune” (ISF) ["solidarity tax on wealth"]. In 1999 a new higher tax category was added which increased the money collected from 0.09% of GDP in 1990 to 0.16% in 2004.

For example, in 2003, 370 ISF’s accountables people left France and it continued to grow year by year except between 2010 and 2011 when the tax threshold has been raised and accountable people were discarded from it. This capital flight only decrease after 2015 and in 2017 when the French government announced that it will suppress this tax. After the reforms implementation, there were only 163 departures of wealth tax people in 2018 [72] The capital flight was one of the argument to reforms the wealth tax. After 2017, in the financial law of 2018, the new wealth tax was introduced with other tax reforms. The fiscal reform thus included a unique forfeit tax on saving, combined with the replacement of ISF by the IFI “Impôt sur la Fortune Immobilière” (IFI) which reduce the wealth tax to real-estate propriety only and finally a decrease of the corporate tax. This argument of capital flight takes its roots on an economic theory, the runoff theory. By decreasing the wealth tax, the wealth households are supposed to come back inside the country to invest and thus raised the GDP growth which will have effect on all the population by reducing unemployment and boost the economy. In France, the fiscal reform did not have the expected effects of runoff. In fact, the capital flight due to wealth tax household leaving only represented 0.3% and 0.5% of the total amount of money collected by the solidarity tax on wealth, between 2004 and 2015. On the other hand, this decrease of the wealth tax represented an income loss of 2.9 billion for the state [73]

In term of investment, there were fewer investments in real-estate from people accountable of wealth tax. However, this movement could be explained more by the increase in household income, the low level of interest rates on mortgage loans and the general dynamics of the real estate market than by a sale, on the part of wealthy households, of property subject to the IFI for the benefit of investments in transferable securities, therefore the result in investment on corporate are not significant. Moreover, the fiscal reform on wealth tax had an insignificant level at the macroeconomic level for the corporate funds. For example, in 2020 for the non-financial society, the part of listed and non-listed share has been lower from the average of the previous period 2001-2019. It is also hard to measure the effect on corporate investment because of the Covid-19 crises which caused a shut-down of the economy in 2020.[74]

In 2012, the Wall Street Journal wrote that: "the wealth tax has a fatal flaw: valuation. It has been estimated that 62% of the wealth of the top 1% is "non-financial" – i.e., vehicles, real estate, and (most importantly) private business. Private businesses account for nearly 40% of their wealth and are the largest single category." A particular issue for small business owners is that they cannot accurately value their private business until it is sold. Furthermore, business owners could easily make their businesses look much less valuable than they really are, through accounting, valuations and assumptions about the future. "Even the rich don't know exactly what they're worth in any given moment."[75]

Examples of such fraud and malfeasance were revealed in 2013, when French budget minister Jérôme Cahuzac was discovered shifting financial assets into Swiss bank accounts in order to avoid the wealth tax. After further investigation, a French finance ministry official said, "A number of government officials minimised their wealth, by negligence or with intent, but without exceeding 5–10 per cent of their real worth ... however, there are some who have deliberately tried to deceive the authorities."[76] Yet again, in October 2014, France's Finance chairman and President of the National Assembly, Gilles Carrez, was found to have avoided paying the French wealth tax (ISF) for three years by applying a 30 percent tax allowance on one of his homes. However, he had previously converted the home into an SCI, a private, limited company to be used for rental purposes. The 30 percent allowance does not apply to SCI holdings. Once this was revealed, Carrez declared, "if the tax authorities think that I should pay the wealth tax, I won't argue." Carrez is one of more than 60 French parliamentarians battling with the tax offices over 'dodgy' asset declarations.[77]

Moreover, this problem of wealth devaluation is undermined by the administration itself. For example, in France in 1999, the government introduced the notion of “the measured application of the tax law”.[78] But this application of the law is mostly reserved for the self-declared tax, like the wealth tax. It means that if there is a fraud in the declaration, there will be no sanction if the household concerned correct his mistake, even if it might have been done in purpose. This flexibility granted to self-declared taxes is indeed unequal. In fact the other tax that concerned most of the households, like income taxes, can’t be self-declared and this fraud flexibility benefits only to the richer household. More broadly, this self-declaration tax has developed what the sociologist Alexis Spire called “tax law domestication”, which enable richest part of the population to employed fiscal specialist to optimize their declaration and minimize the amount of the wealth tax. Once again those opportunity of optimization, as the flexibility in sanctions are unequally distributed in the tax spectrum and thus in the different part of the population.

Opponents of wealth taxes have argued that there is "an undercurrent of envy in the campaign against extremes of wealth."[79] Two Yale University/London School of Economics studies (2006, 2008) on relative income yielded results asserting that 50 percent of the public would prefer to earn less money, as long as they earned as much or more than their neighbor.[80][81]

Many analysts and scholars assert that since wealth taxes are a form of direct asset collection, as well as double-taxation, they are antithetical to personal freedom and individual liberty. They further contend that free nations should have no business helping themselves arbitrarily to the personal belongings of any group of its citizens.[82] Further, these opponents may say wealth taxes place the authority of the government ahead of the rights of the individual, and ultimately undermine the concept of personal sovereignty. The Daily Telegraph editor Allister Heath critically described wealth taxes as Marxian in concept and ethically destructive to the values of democracies, "Taxing already acquired property drastically alters the relationship between citizen and state: we become leaseholders, rather than freeholders, with accumulated taxes over long periods of time eventually "returning" our wealth to the state. It breaches a key principle that has made this country great: the gradual expansion of property ownership and the democratisation of wealth."[83]

See also Pollock v. Farmers' Loan & Trust Co.; Sixteenth Amendment to the United States Constitution

In part because a wealth tax has never been implemented in the United States, there is no legal consensus about its constitutionality. As evidenced below, much scholarly debate on the topic hinges on whether or not such a tax is understood to be a "direct tax," per Article 1, Section 9 of the Constitution, which requires that the burden of "direct taxes" be apportioned across the states by their population.

Barry L. Isaacs interprets current case law in the United States to hold that a wealth tax is a direct tax under Article 1, Section 9.[86][87] Given the extreme difficulty of apportioning a wealth tax by state population, the implementation of a wealth tax in the United States would require either a constitutional amendment or the overturning of current case law.[88] Unlike federal wealth taxes, states and localities are not bound by Article 1, Section 9, which is why they are able to levy taxes on real estate.[89]

Other legal scholars have argued that a wealth tax does not represent a direct tax and that such a tax could be implemented in the United States without a constitutional amendment. In a lengthy essay from 2018, authors in the Indiana Journal of Law argued that "... the belief that the U.S. Constitution effectively makes a national wealth tax impossible ... is wrong."[90]^: 112 The authors noted that in the 1796 Supreme Court decision for Hylton v. United States, Supreme Court justices who had personally taken part in the creation of the U.S. Constitution "unanimously rejected a challenge to the constitutionality of an annual tax on carriages, a tax akin to a national wealth tax in that it taxed a luxury property."[90]^: 114 However, Alexander Hamilton, who supported the carriage tax, told the Supreme Court that it was constitutional because it was an "excise tax", not a direct tax. Hamilton's brief defines direct taxes as "Capitation or poll taxes, taxes on lands and buildings, general assessments, whether on the whole property of individuals or on their whole real or personal estate" which would include the wealth tax.[91] Tax scholars have repeatedly noted that the critical difference between income taxes and wealth taxes, the realization requirement, is a matter of administrative convenience, not a constitutional requirement.

To prevent capital flight, proponents of wealth taxes have argued for the implementation of a one-time exit tax on high net worth individuals who renounce their citizenship and leave the country.[92] An additional constitutional objection to such a tax could be raised on the grounds that it violates the takings clause of the Fifth Amendment, which prohibits the federal government from taking private property for public use without just compensation.[93]

The Federal Constitutional Court of Germany in Karlsruhe found that wealth taxes "would need to be confiscatory in order to bring about any real redistribution". In addition, the court held that the sum of wealth tax and income tax should not be greater than half of a taxpayer's income. "The tax thus gives rise to a dilemma: either it is ineffective in fighting inequalities, or it is confiscatory – and it is for that reason that the Germans chose to eliminate it." Thus, finding such wealth taxes unconstitutional in 1995.[94] In 2006, the Constitutional Court revised this decision on the so-called "Halbteilungsgrundsatz", stating that "From the property guarantee of the Basic Law, no generally binding absolute upper limit of taxation in the vicinity of a half division can be derived."[95]