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Shocker: Business Lobby Wants Another Tax Cut in the Stimulus

The U.S. Chamber of Commerce is about to begin its push for a new addition to the economic stimulus bill, debate on which will begin today in the House.

And anyone who thought K Street would stop seeking its share of the stimulus pie after convincing Democrats to add the mysteriously named "net operating loss carryback" to the stimulus ... well, you'd be wrong. K Street wants more tax breaks for businesses -- and the latest one is called the "cancellation of indebtedness (COI) waiver."

The second half of this Journal article explains the COI tax break well. Essentially, any company buying up its own outstanding debt at a discount price -- which usually means a private equity firm that has taken over a struggling corporation -- the purchaser of debt has to pay taxes on the amount of debt it forgives. If I buy up your $100 debt at a discount of $40, leaving you on the hook to me for $60, the cancelled $40 of debt is still taxable.

The Chamber of Commerce, and 35 other trade associations in the home building and retail sectors, are seeking a COI waiver that would allow cancelled debt to be tax-free. As the Journal notes, the casino company Harrah's has taken up the matter with Nevada's two senators, John Ensign (R) -- a member of the powerful Finance Committee who already backs the COI waiver -- and Majority Leader Harry Reid (D).

Five bucks says the COI waiver makes it into the Senate's version of the stimulus bill when that emerges this week ...


7 Comments

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I'd have to look at this more closely, but on the surface this doesn't seem like such a terrible thing. If I'm buying your $100 debt for $60 it's because that debt is only worth $60. Nobody gave you $40, it's just a reflection of the fact that you may not be able to repay the $100 and the bond is now worth less. If you go into bankruptcy and the whole $100 is wiped out, you don't pay taxes on that.

Am I missing something?

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What's to stop banks from simply selling debt for an equivalent amount of debt between one another?

What's to stop Country Wide (owned by Bank of America) from selling it's debt to Merrill Lynch (owned by Bank of America)?

Is there any restrictions on what type of debt this applies to?

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They're not really selling debt. If I go out and borrow $1000, how much will you pay me to "buy" that debt? What they're selling is the bond. If I owe you $1000 and I'm near bankruptcy, that $1000 bond you're holding isn't worth $1000. If you exchange it for a $600 bond to help keep me afloat, who received the $400 in "income"? Nobody that I can see.

So if Country Wide sells bonds to Merrill Lynch at a discounted price, how does BofA make money?

Am I missing something here?

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OK, rube/innocent civilian/Midwesterner question here: We're facing huge amounts of debt. How exactly is reducing our revenue stream supposed to help with that?

Answers that employ, in any way, the fully and repeatedly discredited supply-sider's "spur to growth" argument are deemed invalid.

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We're not really reducing our revenue stream (at least not by much). It's a way of allowing those weighed down with too much debt to try to get out from under without making it more difficult by making them count the debt they shed as income. If you didn't do this, the debt would stay on the books and there wouldn't be any tax revenue anyway.

At least that's the way I understand it. Anyone with high-finance insight into this that can explain it better is welcome to do so.

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Individuals who have had credit card debt forgiven or lowered are obliged to report it to the IRS as income, so it's ironic that businesses are asking for a loophole that the average individual can't get; see here, for example.

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So the logical solution is to extend the same "loophole" to individuals, no?

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