Saturday 1 September 2018

TRUMP'S $3B BACK-TAX - TO REVIVE THE RUST-BELTS?

TRUMP - MANAFORT - TAX-EVASION

DETROIT - TRUMP'S BACK-TAX WILL RESTORE IT.
Trump boasts "I'm smart; I don't pay tax". He refuses to publish his tax-returns because "I'm being investigated by the IRS". He then claims that he doesn't pay tax due to carried forward (CFWD) tax-losses on collapsed companies. And yet he claims to be a brilliant business-man - a multi-billionaire. At 25 his parents gave him their NY portfolio of rented apartments - at today's values, say, $3 billion - with, say, rents of $200 million per year. That's 50 years at $ 200 M which is $10 billion of taxable income - which needs a huge amount of tax allowance to give NIL tax bills ; is he that bad  a businessman? If he is a billionaire - he should have paid $3 to $5 billion in tax. Paying that back-tax would refinance the Rust Belts. Will Trump stump up for his voters?

If he has lost all his money - is he in hock to the Russians? The INTERNET says:

August 2018 - This is why Russia is helping keep DT and the Repuglicans in office. …. In case you haven't connected the dots... Putin controls the largest oil company in Russia. He made a 500 Billion dollar deal with the CEO of Exxon Mobil. Obama put sanctions in place which stopped that deal. Russia then hacked into our government in order to get Trump elected. When the CIA told Congress this in September (James Comey was also in that meeting), Mitch McConnell refused to tell the American people, blackmailing Obama saying he would frame it as playing partisan politics during the election. Comey released the infamous no-information letter. Mitch McConnell's wife was picked for Trump's cabinet. Wonder why our President has been so quick to dismiss the CIA's findings?.........Here are some facts : Decide for yourselves 1) Trump owes Blackstone/ Bayrock group a reported $100 million to $560 million dollars (one of his largest debtors and the primary reason he won't reveal his tax returns)
2) Blackstone is owned wholly by Russian billionaires, who owe their position to Putin and have made billions from their work with the Russian government.
3) Other companies that have borrowed from Blackstone have claimed that owing money to them is like owing to the Russian mob and while you owe them, they own you for many favors.
4) The Russian economy is badly faltering under the weight of its over-dependence on raw materials which as you know have plummeted in the last 2 years leaving the Russian economy scrambling to pay its debts.
5) Russia has an impetus to influence our election to ensure the per barrel oil prices are above $65 ( they are currently hovering around $50)
6) Russia can't affordably get at 80% of its oil reserves and reduce its per barrel cost to compete with America at $45 or Saudi Arabia at $39. With Iranian sanctions being lifted Russia will find another inexpensive competitor increasing production and pushing Russia further down the list of suppliers.
As for Iranian sanctions, the 6 countries lifting them allowing Iran to collect on the billions it is owed for pumping oil but not being paid for it. These billions Iran can only get if the Iranian nuclear deal is signed. Trump spoke of ending the deals which would cause oil sales sanctions to be reimposed, which would make Russian oil more competitive.
7) Rex Tillerson (Trump's ex Secretary of State) was the head of ExxonMobil, which is in possession of patented technology that could help Putin extract 45% more oil at a significant cost savings to Russia, helping Putin put money in the Russian coffers to help reconstitute its military and finally afford to mass produce the new and improved systems that it had invented before the Russian economy had slowed so much.
😎 Putin cannot get access to these new cost saving technologies OR outside oil field development money, due to US sanctions on Russia, because of its involvement in Ukrainian civil war.
9) Look for Trump to end sanctions on Russia and to back out of the Iranian nuclear deal, to help Russia rebuild its economy, strengthen Putin and make Tillerson and Trump even richer, thus allowing Trump to satisfy his creditors at Blackstone.
10) With Trump's fabricated hatred of NATO and the U.N., the Russian military reconstituted, the threat to the Baltic states is real. Russia retaking their access to the Baltic Sea from Lithuania, Latvia and Estonia and threatening the shipping of millions of cubic feet of natural gas to lower Europe from Scandinavia, allowing Russia to make a good case for its oil and gas being piped into eastern Europe.
Sources: Time Magazine, NY Times, The Atlantic, The Guardian UK......phew.....did you make it thru all of that?...
Russia’s state-run media channel Russia 24 wants everyone to know that President Donald Trump belongs to Moscow.
Responding to reports that Trump told world leaders at the G-7 meeting in Canada last week that Ukraine’s Crimean Peninsula is Russian because everyone there speaks Russian, the hosts of the Russian version of 60 Minutes victoriously declared that “Crimea is ours, Trump is ours.”
Reported on June 15 2018 

My colleagues and I argue the issue - Is Trump bust or is in deep-trouble for tax-evasion? 

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Noel

Subject: Re: Delingpole: Trump Derangement Syndrome Is Making Conservatives Lazy

Love the name Greenspun Shapiro! Are they friends of yours!? 

I’m not sure they’ll corner him.. all the current kerfuffle is to do with the mid term elections .. yes he is completely off the wall but his unpredictable disruptive plays are maybe .. just maybe ..what the world needs to shake up the whole system.. not just “draining the swamp”.. the game is still on.. he’s playing a cool hand with both N Korea and Iran.. and indeed with China. However, our commentaries are merely that and will change nothing l
Tony 

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Tony & John

No, not my lawyer friends – just a random US law firm plucked from the Internet. Apart from Russian Collusion, Manafort-type charges might include False-Accounting, Fraudulent Conspiracy, Wire-Fraud, Lying to government agencies (and probably banks), perjury and simple Tax-Evasion. Not all “complex” tax plans work out:

I SAY AVOIDANCE - YOU SAY EVASION

Noel

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Hello Tony – and friends.

My analysis of Trump’s position is that he is between a rock and a hard place. As an ex-defender of tax-avoiders and back-duty cases, my estimate is that like Manafort ($70M confiscation and 60 years) and Cohen (confiscation and 60 years plea-bargained down to 6 years), Donald, with $200M per annum rents income (at 2018 values) from age 25, who boasts “I’m smart, I don’t pay tax”, and who has or had many offshore companies, has also been tax-evading and transferring capital on a large scale. His alleged carried-forward tax-losses from bankrupt casinos are minor compared to his annual income – even if he can actually off-set them from bankrupt companies, which is unlikely as Trump did not pay the losses – his creditors paid.

If he sacks Mueller (Federal Courts) he risks Obstruction of Justice criminal charges – and the tax and money-laundering cases have now been mirrored  in New York Southern District Court (District Attorney) and other State Courts in which Trump has no authority or powers of Presidential Pardon. Given the thoroughness of the prosecutors to date, my guess is that they already have Trump’s NIL tax-returns from 50 years back; and all his banking transactions globally (all recorded on IBM bank computers); recall that in his campaign Trump refused to publish his tax-returns on the grounds that he was under investigation by the IRS. Even if an agent (say, Cohen) signed Trump’s tax-returns-declarations for him, Trump is liable (A director by whatever name called).

His GET OUT OF JAIL FREE card is, I think, a political climb-down. Time for him to utilise The Art of The Deal.

Noel

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John

A primary test, the primary test, for any tax-relief is "did the taxpayer pay this expense" - This is as true in the US as in the UK. Otherwise we could all make up faux tax-claims (e.g. you/Jane could send yourself an invoice and pay yourself and claim 40% tax-relief).

There are dozens of real claims for debt that show Trump did not pay off the casino etc. losses. So he cannot claim the relief. As the companies were distanced from him to limit his liability - he cannot even claim that he has a debt to these old companies, which might be argued to be payment of the accumulated losses. Usually - corporate losses can only be carried forward against profits in the same company, carrying on the same business, with the same ownership - and the same control.


Noel

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John - First principles: each company or individual is a legal person for tax and audit purposes. To offset old losses against present or future income of the losses in a different entity, losses have to be paid or traded with/to the profitable "person". This is basic bookkeeping for Directors Loans, Benefits, Salary, or Transfer Pricing. However you try it, if the taxpayer (person) has not actually paid the past losses (e.g. transferred them to a director's loan account) that person (Group, subsidiary, individual) cannot have the tax-losses BFWD. There are rules about the extent of directors-loan accounts that ultimately tax the balances. Some accountants get lost in the logic maze between all the tax and corporate rules (bookkeeping) - such conundrums are decided in tax-Courts. However the basic logic, law and sense is that the claimant must prove they have paid for the losses. If you have bought the office tea, milk and coffee you can claim it. If not, you can't.

My reading of Trump's several bankrupt ventures show that he was "smart" - most losses were paid for by other shareholders - and that Trump or his Group did not subsequently buy the tax-losses. The losses in total were in any case a fraction of his US income from the rents on the NY flats his parents bequeathed him (paid for by grants from US taxpayers) - about $200M per annum. Insufficient to wipe out the tax bills on 50 years x $200M. He has either lost many billions and is indeed bankrupt - or he has indulged in Manafort-type tax-evasion. ENRON tried all such Profit-Shifting tricks using bookkeeping between hundreds of companies with the help of Arthur Andersen  and they landed up in prison - as did Al Capone - Noel

Further reading:

Revenue Law: Introduction to UK Tax Law; Income Tax; Capital Gains ...

This, however, remains the only book on tax law which continues to explain the new law found in ITEPA, ITTOIA and ITA in light of its legislative predecessors, ...

Taxation Law - Sweet & Maxwell

Taxation Law. REFINE YOUR SEARCH. PRODUCT FORMAT. Book (25) ... Taxation Law. Corporate tax, capital gains tax, inheritance tax and tax avoidance are just a few of the ... View all Taxation Law titles. SEARCH TAXATION LAW.

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UK - NTLRDs and property business losses.
There are however some terms and conditions to be aware of. Importantly all of these relaxations only apply to losses arising on or after 1 April 2017 (“post-April 2017 losses”). Losses arising before this date (“pre-April 2017 losses”) continue to be subject to the previous rules for relief.

There are a number of conditions which must be met for post-April 2017 trade losses to be set off against total profits, including:

The company must continue to carry on the trade in all subsequent accounting periods up to and including the one in which the losses are offset.
The trade must not have become small or negligible in the loss making period.
The trade must be commercial or carried on for statutory functions (e.g. a marketing board created by statute) in both the loss making period and period of set off.
If these conditions are not met, it may still be possible to set the trade losses off against profits of the same trade under the old loss relief rules, or, where the trade has ceased, claim terminal loss relief.

There are also a number of terms and conditions around group relief for carried forward losses, including:

A company can only surrender carried forward losses as group relief if they cannot be deducted from its own profits in the accounting period.
A company cannot claim carried forward losses as group relief if it has its own carried forward losses which it could set off.
As with any relaxation in tax, the new rules on carried forward losses are accompanied by a host of new and updated anti-avoidance provisions, including:

A new Targeted Anti-Avoidance Rule (TAAR).
New and strengthened rules to prevent loss-buying.

Noel 
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Noel

In a UK CVA - which is the same as a USA Chapter 11 - the tax losses can be carried forward even though the creditors have effectively paid for some of those losses.

Any comment?

Here is the reference:


 John


The average accountants or lawyers have hundreds of books running to millions of pages on these issues. No one could possibly comment on your wide question. It has to be looked at case by case. First specify the facts then work out the tax. What you ask is not answerable.

Noel

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Sent: 27 August 2018 09:58


Noel

Two points. 

How then does it work for CVAs in UK as set out in the article I sent you. 

Fred Trump built apartment blocks with LOANS. Not grants. 

In the gym. That's all for now but do read the CVA tax loss article and comment on that specifically. Please.

John

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John

The average accountants or lawyers have hundreds of books running to millions of pages on these issues. No one could possibly comment on your wide question. It has to be looked at case by case. First specify the facts then work out the tax. What you ask is not answerable.

Noel

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