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Treasury Department Continues Attack on Inversions, Businesses

Yesterday, The Treasury Department made more changes to rules with regard to inversions. The driving force behind the constant meddling into this legal practice is the retention of tax revenue.

“Under the new rules, there will be a three-year limit on foreign companies bulking up on U.S. assets to avoid ownership requirements for a later inversions deal, Treasury said in a statement.”

In an inversion, a U.S. company typically buys a smaller foreign rival and reincorporates to the rival’s home country, which moves the company’s tax domicile, though core management usually stays in the United States.

The Treasury, which had last introduced new rules in November to curb inversions, also is proposing tackling the practice of post-inversion earnings stripping with new limits on related-party debt for U.S. subsidiaries.”

This continued attack on inversions is ridiculous and companies are being targeted unfairly because they represent a possible loss of revenue for the government. Inversions are legal, and sometimes necessary. They are a way for U.S. companies to change their HQ from the U.S. to a foreign country, for the sole purpose of allowing themselves the express privilege of being on par with foreign companies and eliminate the severe disadvantage that the U.S. puts on its own businesses via excessive taxes!

It is outrageous that the government applies such discrimination. It is outrageous that American companies have to chose to move their headquarters elsewhere simply to survive and compete globally, because they are taxed on their profits in two jurisdictions — both domestic and foreign.

Record Tax Revenue, Again

CNSNews remains a go-to source for analyzing information on the U.S. Treasury, tax revenue, and such. Here they are again, scrutinizing tax receipts for FY2016 through the end of February. In a nutshell, the U.S. government continues to run a deficit, and the amount of taxpayer responsibility continues to increase. From CNSNEWS:

The U.S. Treasury hauled in a record of approximately $1,248,371,000,000 in tax revenues in the first five months of fiscal 2016 (Oct. 1, 2015 through Feb. 29, 2016), according to the Monthly Treasury Statement released today.

Despite these record tax revenues in the first five months of the fiscal year, the federal government nonetheless ran a deficit of approximately $353,005,000,000 during the same period.

In February alone, the Treasury ran a deficit of $192,614,000,000.

The record five-month tax haul of $1,248,371,000,000 equaled approximately $8,263 for each of the 151,074,000 people in the country who had either a full or part-time job in February.

The record taxes in the first five months of this fiscal year exceed by about $63,263,220,000 in constant 2016 dollars the then-record $1,185,107,780,000 in tax revenues (in constant 2016 dollars) that the Treasury took in during the first five months of fiscal 2015.

However, even while taking in a record $1,248,371,000,000 in tax revenues from October through February, the Treasury was spending $1,601,375,000,000, according to the Monthly Treasury Statement. Thus, so far this fiscal year, the Treasury has run a deficit of $353,005,000,000.

The largest source of revenue in the first five months of this fiscal year was the individual income tax, which brought the Treasury $597,524,000,000. The second largest source was Social Security and other payroll taxes, which brought in $428,181,000,000.

Obama Administration Has Added Nearly A Half-Trillion in Debt in 10 Days

As previously noted, the government debt skyrocketed $339 billion the first day after the debt ceiling was lifted via the spending deal. Now, after 10 days (Nov 12), the total new debt has reached $462 billion.

The initial spike was the result of replenishing the funds that have been total new debt”>”frozen”. “The government began bumping up against the debt limit in March and was borrowing from other funds — using “extraordinary measures” — to keep from breaching the $18.1 trillion level. Treasury Secretary Jacob Lew was able to stretch that borrowing through the end of October.”

The $339 one-day splurge was the greatest Treasury jump ever recorded, but still comparable to actions in recent years. In August 2011, after a negotiation was reached, the Treasury debt increased $238 billion on one day; likewise, in 2013 in a similar scenario, the debt rose $328 billion on one day.

Of what does the $339 consist? “About $199 billion is public debt, which is money borrowed from outside sources, and $140 billion is borrowing from within government accounts. As of Monday, the gross total debt stood at $18.6 trillion, with $13.4 trillion of that public debt borrowed from the outside.”

By the end of Obama’s presidency, government debt is projected to be about $20 trillion — nearly double that which existed when Obama became President ($10.6 trillion). Already, the government is running a deficit. 1 month in to the fiscal year (beginning October 1), spending exceeded revenues by $136 billion. “up 12 percent compared with the previous October, as spending ballooned and taxes remained nearly flat. It was the worst October since 2010, when the government was still spending on the stimulus and was on pace for a deficit of more than $1 trillion that year.”

The situation looks mighty bleak right now.

Government Legal Debt Limit Now Frozen For Four Straight Months

March 13, 2015, was the first day that the Daily Treasury Statements showed a closing limit at 18,112,975,000,000. This number has now been frozen for 4 straight months. The latest Treasury statement on July 13, 2015 also showed $18,112,975,000,000 at its closing. This repeating amount is a portion of the federal debt that is subject to a legal limitation, currently sitting about $25 million less than the legal debt limit allowed by Congress.

Every day since March 13th, the Daily Treasury Statement shows the debt starting and ending with the exact same amount — $18,112,975,000,000.

The same day that the debt amount ended in $18,112,975,000,000, the current Treasury Secretary, Jacob Lew, informed Congress via a letter that he was issuing a debt “suspension period.” His rationale was due to the fact that legislation passed in 2014 suspended the debt limit until March 15, 2015 — in two days time.

Therefore, Lew wrote, on March 16, “the outstanding debt of the United States will be at the statutory limit. In anticipation of reaching that date, Treasury has suspended until further notice the issue of State and Local Government Series securities, which count against the debt limit.” These securities are classified as public debt.

Without having the debt limit raised by an act of Congress, the Treasury Department announced an alternative solution. Lew would issue a “‘debt issuance suspension period’ with respect to investment of the Civil Service Retirement and Disability Fund and also suspend the daily reinvestment of Treasury securities held by the Government Securities Investment Fund and the Federal Employees’ Retirement System Thrift Savings Plan.”

The last time the Treasury enacted a debt suspension was two years ago for roughly 150 days until the statutory debt limit was resolved. As I wrote back in October 2013,

“Monday, October 14, 2013 marks 150 days since the Treasury Department’s listing of public debt has not moved. The most current Daily Treasury report(October 10) shows “Total Public Debt Subject to Limit $ 16,699,396,000,000; Statutory Debt Limit $16,699,421,000,000.”

The record for these two entries remained unchanged since May 17, 2013, the first time it recorded the public debt at $16,699,396,000,000.”

The debt limit was raised a short time later. Currently, we have not raised the debt limit yet, and probably will not do so until late fall. According to the Bipartisan Policy Center, a stronger than expected tax season will give policymakers more time to haggle over an increase to the debt limit…An unexpected influx of revenue means that the nation is not expected to be at risk of a catastrophic default until November of December of 2015″

Then, as now, at some point, those transactions suspensions will have to be made up, along with continuing to pay on our obligations. In other words, the Administration is currently picking and choosing what parts of government to fund.

For those who are worried about our public debt, have no fear! The Treasury Department’s FAQ’s already have a solution. Did you know:

“There are two ways for you to make a contribution to reduce the debt:
You can make a contribution online either by credit card, checking or savings account at Pay.gov
You can write a check payable to the Bureau of the Public Debt, and in the memo section, notate that it’s a Gift to reduce the Debt Held by the Public. Mail your check to:

Attn Dept G
Bureau of the Public Debt
P. O. Box 2188
Parkersburg, WV 26106-2188″

Mini Obamacare Bailout? Treasury Covers Some Obamacare Costs Without Congressional Approval


A few weeks ago, I reported how Obama’s budget contained a $22 billion student loan bailout to cover a massive shortage of funds for the Department of Education Federal Student Loan program. Because the program is categorized as a “credit program”, due to a “quirk in the budget process for credit programs, the department can add the $21.8 billion to the deficit automatically, without seeking appropriations or even approval from Congress.”

Now it is being reported that the Treasury Department approved and paid for $3 billion in Obamacare costs without seeking Congressional approval. Have we uncovered another similar quirk in the federal budget process that allows for the Treasury to cover Obamacare costs that aren’t funded? We don’t actually know yet, because the letter from the Treasury which “revealed that $2.997 billion in such payments had been made in 2014”, “didn’t elaborate on where the money came from.”

Here’s what’s going on:

“At issue are payments to insurers known as cost-sharing subsidies. These payments come about because President Obama’s healthcare law forces insurers to limit out-of-pocket costs for certain low income individuals by capping consumer expenses, such as deductibles and co-payments, in insurance policies. In exchange for capping these charges, insurers are supposed to receive compensation.

What’s tricky is that Congress never authorized any money to make such payments to insurers in its annual appropriations, but the Department of Health and Human Services, with the cooperation of the U.S. Treasury, made them anyway.”

So here we have two agencies collaborating on funding for Obamacare without Congressional approval. When asked about the $3 billion by House Ways and Means Chairman Rep. Paul Ryan, he received a letter which merely described the what the cost-sharing program was, without explaining anything 1) regarding how the payments came to be made, or 2) where the money came from.

What’s more, because the cost-sharing payments from the Department of Homeland Security is part of a larger lawsuit against Obama’s Executive Actions, filed by John Boehner, the letter referred Rep. Ryan to the Department of Justice.

It turns out that Department of Justice recently argued this topic on January 26th. In this brief the Department of Justice argued that John Boehner’s position, that the cost-sharing program payments required annual appropriation, was incorrect, “The cost sharing reduction payments are being made as part of a mandatory payment program that Congress has fully appropriated.” So the Department of Justice and the Treasury Department and the Department of Health and Human Services maintain that the payment they made was licit and Congressionally approved as part of Congressional appropriations.

However, prior budget requests and negotiations tell a different story about how Obamacare cost-sharing is funded.

“For fiscal year 2014, the Centers for Medicare and Medicaid Services (the division of Health and Human Services that implements the program), asked Congress for an annual appropriation of $4 billion to finance the cost-sharing payments that year and another $1.4 billion “advance appropriation” for the first quarter of fiscal year 2015, “to permit CMS to reimburse issuers …”

In making the request, CMS was in effect acknowledging that it needed congressional appropriations to make the payments. But when Congress rejected the request, the administration went ahead and made the payments anyway.

The argument that annual appropriations are required to make payments is also backed up by a report from the Congressional Research Service, which has differentiated between the tax credit subsidies that Obamacare provides to individuals to help them purchase insurance, and the cost-sharing payments to insurers.

In a July 2013 letter to then Sen. Tom Coburn, Congressional Research Service wrote that, “unlike the refundable tax credits, these [cost-sharing] payments to the health plans do not appear to be funded through a permanent appropriation. Instead, it appears from the President’s FY2014 budget that funds for these payments are intended to be made available through annual appropriations.”

As we are likely to not receive any answers soon regarding the $3 billion in Obamacare funding, or the source, here are some things to think about and look for as we wait:

1) How will cost-sharing be funded in this year’s budget?
2) Where did the $3 billion come from? If the $3 billion came from another agency, does that mean we have agencies who have large enough slush funds to absorb a $3 billion transfer?
3) If the $3 billion was tacked onto the deficit (like the student loan “bailout”), what does this bode for future cost-sharing payments? The Congressional Budget Office has already estimated that cost-sharing payments to insurers are expected to cost about $150 billion over the next 10 years.