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Sherman: Dems Could Remove Executive Pay Caps From Final Version of Stimulus

Rep. Brad Sherman (D-CA), a senior member of the House Financial Services Committee, has been a stalwart skeptic of the Treasury's bailout program since it was first announced in the fall.

But he's particularly savvy on the issue of executive compensation -- Sherman, a certified public accountant, was among the first to challenge the Obama administration's recent CEO pay limits as riddled with loopholes.

Unfortunately, Sherman told me that he believes the executive compensation limits added to the Senate's stimulus are going to get removed during conference talks with the House. The reason: a new Congressional Budget Office estimate that the pay caps will cost the government $10.8 billion in lost tax revenue over the next 10 years.

"The plan is to take out the executive compensation provisions ... and blame the Republicans for setting out the level [of $800 billion]" for the final version of the stimulus, Sherman said.

"The question," he added, "is whether the two senators from Maine, in particular, want to see their insistence on a [maximum] dollar amount [for the stimulus] ... be the reason why the executive compensation stuff comes out of the bill."

I've asked the offices of Senate Majority Leader Harry Reid (D-NV) and Finance Committee Chairman Max Baucus (D-MT), two members of the conference committee that will hammer out the final version of the stimulus, whether removing the CEO pay caps is indeed on the table -- we'll keep you posted.

Late-Night Update (11pm): Still no response from Reid or Baucus, but an AP report this hour suggests that their silence on the CEO pay caps may speak volumes. From that story:

There was also pressure [during private stimulus negotiations] to drop a provision limiting compensation for top executives of companies receiving federal bailout assistance. [The limits] add to the cost of the bill, and ... could presumably be passed in different legislation later in the year.

38 Comments

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Easy fix. Don't cap 'em. Tax 'em. Put a surtax rate on executive compensation over a given multiple of the company's average salary.

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Yes. Take the symbolism out of it and make it stick.

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Egggzzzactly. Why is it so hard for even Obama to come out and tell the American people that the gabillionairs who looted our economy for the past 8 years are gonna start paying for the party now.

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That gives me an idea. Let's give the banks $1 trillion and REQUIRE it to all be given to the executives. We'd get back more than $300B in tax revenues. What a great deal.

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How many trillions do you figure they have cost us so far? I don't see problem with keeping the caps in there. We will make up the difference somewhere else. Bonuses doled out when a company is going bankrupt is off the wall. Tax payer subsidized bonuses under such conditions is totally unacceptable.

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You get a "moral high ground" from capping exec pay. Is it worth the lost tax revenue?

Actually I think it might be.

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PS 10 years is impossibly far away. What gets lost in 2 years?

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Damn I never thought of that. The progressives get screwed again

Slick move..Have to give the thieves credit

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The statement being made now is worth more than $10B in tax revenue over the next 10 years.

The rationale is ludicrous.

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Wake up out there. The Democrats are just as beholden to their money masters as the Republicans.
Of course this justification makes no sense. And they don't care if you believe it because they know you'll always support them.

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I'm not so sure it's that (though I wouldn't want to banish that thought entirely); it sounds more like a game of political chicken to me:

"The question," he added, "is whether the two senators from Maine, in particular, want to see their insistence on a [maximum] dollar amount [for the stimulus] ... be the reason why the executive compensation stuff comes out of the bill."

Sherman is saying that they're pulling it out, knowing that it won't play well with "ordinary folks" back home, and betting that Susan Collins, for example, won't want ads airing in her next election campaign that say, "Susan Collins voted to give million dollar bonuses to the executives of failed banks rather than see money come to Maine to help pay for schools and balance the state budget. Maine needs senators who will look out for the interests of the people of Maine, not the fat cat bankers in New York."

Huge gamble. It could just as easily get the bill completely scrapped. (OTOH, maybe that would not be such a bad thing...)

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This is the best evidence ever that our tax policy is a craven pile of poo designed expressly for the one percent of Americans to continue to hold 33 percent of the wealth.

What is so frikkin' hard about raising taxes on the obscenely wealthy? Where are they going to take their money? Iceland?

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I'm in agreement with you on "craven pile of poo"!

And yeah, if these megacorporations are going to pay their executives obscene amounts while keeping the little guys down at the same level they've been for the last 20 years, or even below it, I'm all for a tax structure that will "spread the wealth around" a little better. We are currently at levels of income disparity in this country that we haven't seen since the Roaring Twenties.

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First comes the classic Democratic negotiation ploy of conceding ground (useless tax-cuts) before the Republicans have even proposed anything, then comes Geithner's belly-flop on the bank plan, then comes emasculation of the CEO accountability plan despite Obama's claims that failure shouldn't be rewarded. This is beginning to look less like "Change" and more like "Chump Change". Not real happy with things right now.

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I know, the Doggie Submission thing has gotten really old...

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Floyd Norris recently said that seeking justice by capping exec pay may run counter to getting the economy back on track right now.

I know. Screw the bank execs that got us in this mess. Strip their exec pay. But whether we like it or not, they're the ones being asked to get us out of this mess.

I'd love for them to all of a sudden become altruists and discover that being socially responsible is so much more rewarding than buying Maseratis, private jets and tropical islands.

But what are the chance that will happen?

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If it were good for the economy for CEOs to make a thousand times what the average worker makes, then the economy would be doing great right now.

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This is reason enough to kill the whole bill. I've never been more angry.

Idiotic. Insane. Immoral....

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If we simply taxed executive bonuses at a higher rate, then not only would we have more money, we'd also get cash from non-bailed out banks.

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I forget who said it, maybe it was Churchill, the cemeteries are full of indispensable men. I'll go one better, I'd be happy to do any one of their jobs for $400,000. And I guarantee you I could do no worse, and in fact a hell of a lot better, than any one of those greedy slugs. Hell even Joe the Plumber could do as good a job as any of them.

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amazing there is no outrage here.
you people are really part of the problem now.

now its time to think like rush and hope obama fails.

thats the only way decent people can get a real shot at changing things.
once the country hits total rock bottom.

and it will happen.

the dems have shown they too are only interested in wall street.

sit back and enjoy the ride to the dark ages.

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I don't get it. I pay taxes to the IRS, who gives the money to the failed bank CEOs, who put it in their pockets but have to pay tax on it. So how does this improve matters?

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First, I want to see the study that shows exactly what percentage of their incomes is actually paid in taxes — once they move all their assets to offshore accounts and all the other things they are so expert in.

If it can be shown that they are faithfully paying a fair tax share (which I deeply, deeply doubt), then I could give greater credence to such assertions we would be losing tax revenue from them by cutting wages.

Personally, I believe the more money goes into their hands, the more it goes down a rat hole. By your analogy, I'm pretty sure it goes like this: We pay our taxes to bail out these deficient money managers — and then the move it to accounts in the Caymans, never to be seen on American soil again.

That, and they still refuse to lend to us.

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This such a load of crap. These clowns pay little if any taxes right now. Is congress then going to have the IRS get on their case ?? I doubt it.

I have a very strong desire to chase our entire government up a tree and set fire to it.

C

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lemme get this straight. we have to pay more for the bailout (and it is more for the bailout--every extra dollar in bonuses is money out of the tarp), so that they can get their higher pay, so that we can get 30% of it back in taxes.

this is some convoluted logic.

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AS my CPA friend is fond of saying: Why give up $40 just to get $20 in return?

The same analogy works here. If one of these fat-cats gets, say, a $10 million bonus, the entirety of which is funded by taxpayer money, we can look forward to a return on our investment of whatever lowly tax bracket this guy falls into. And thanks to Bush and his affinity for tax cuts for the rich, that is undoubtedly a nominal tax bracket considering the income level.

Yeah, that's a good deal, all right...


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If tax revenues are the problem, then we should just raise the tax bracket to 95% for executives of bailed out companies. ALL YOUR MONEYS ARE BELONG TO US.

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Well, this is a complete f'n joke. At this point, the feds should just nationalize the banks temporarily and clean up the f'n mess and then privatize after this crisis is over. That is the only solution. Also, the criminals that stole all of our money should be working the soup kitchens, not whining about compensation. The only solution is to nationalize. No more taxpayer money down these rat holes.

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Executive compensation is deductible to the corporation that pays it. If you limit the compensation, then the corporation has less of a deduction and the corporation pays more in income tax.

The top corporate income tax rate is 35%, and the top individual income tax rate is 35%, so it looks like the same tax revenues either way.

The only way that restricting executive compensation results in a loss of tax revenue is if the corporation doesn't have enough profit to pay income tax, so the deduction doesn't reduce its taxes and the compensation results in a net tax increase. But that means that the compensation is coming out of shareholder capital, and that now means the U.S. taxpayer.

As others have pointed out, paying $100 out as bailout money just to get $35 back as taxes makes no sense.

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Most corporations pay zero in taxes. The write offs of luxury boxes through executive lunches and the corporate jet, wipe out any tax liability. That 35% rate is complete crap.

Fox entertainment has made billions shoveling the republican propoganda for years and has paid zero in taxes. That right there is enough to reveal the problem.

Bottom line nationalize the financial system and try to figure a way out of this mess as opposed to shoveling more money into the hands of the incompitents. Fire them all.

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So, Sherman argues that the cap is ineffective but will cost too much? My head is spinning.

Can someone help out and point out where the CBO gives this $10.8 Billion over 10 years figure? It doesn't make sense to me. $1 Billion/years of lost taxes only for executives of financial institutions that take additional bailout money doesn't seem likely to me.

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Exactly.

Which is it Sherman?

They have too many loopholes so they won't be capped or they will be capped and we won't get to tax all that bonus money they will no longer be getting?

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Why bother with Pay-Caps?

This is just a gateway to more GOP pettiness = No good for nobody.

The answer of course is progressive payroll tax. And a very, very progressive one a that.

Bring the BIG hurt to the shareholders. If they’re OK with a million dollar CEO salary (including bonuses), then let them pay ten more million dollars for the common good in taxes...

Problem solved!!!

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Huh?

If we are losing $10.8 billion (over 10 years) in taxes that means these CEO ass-bandits are reaping a shit-load more than $10.8 billion in give-away bonuses, etc. for piloting the economy like a yard-dart.

Guess what, I will gladly lose the $10.8 billion in tax revenue if it means not spending hundreds of billions of tax dollars on the ill-gotten "bonuses".

I REALLY want to get into a game of poker with the Congressional clowns who can get rolled like a cheap cigarette, I could always use the extra cash.

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I'm confused. There was a executive pay cap that was being put into the 800 stimulus?

I thought the cap applied to the TARP distribution.

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AT a tax rate of 15% (Capital Gains tax rate - many traders claim their salaries as "capital gain" - aren't they clever), they would have to make $72 BILLION for the treasury to make their $10.8 Billion.

At a tax rate of 35% (the average for a "worker"), the Banksters would have to make only $31 BILLION!

OF TAXPAYER DOLLARS!

I propose that, instead, they increase the income of every man, woman and child in America by $100. At a tax rate of 35%, this would gain the treasury their $10.8 billion and more of that money would be spent on consumer goods than any Bankster could spend, no matter how many of his children he has to pay an annual $32,000 tuition for, no matter how many $45,000 nannies he hires (and they are all HEs), or how many years of $35,00 ball gowns he buys for his wife.

There is absolutely NO REASON the American taxpayer should pay outrageous salaries and bonuses to the very same people who bankrupted their industry.

These were the very same people that thought, year after year, decade after decade, that minimum wage was "too high". Now $500,000,000 a year isn't enough for a "real" person to live on.

They killed the golden goose - now let them eat it!

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Okay, this is nonsense. These politicians should be working to make these pay caps work, not to conspire to eliminate them for these sake of sucking up to the folks that killed this economy. Any day, six CEOs of the US top banks are about to be hauled into Congress to receive a "tongue lashing" for messing with our money. Let's give these folks and others more than that. This congressman says there are loopholes to these pay caps. Then heck, let's fill the loopholes!

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Ceo's are on notice of the ubiquitous New State of the art Definition of what the 5months ago mesmerising marketplace promise is now known as, and what the iminent new hard law glare actually means for them personally..no getaway. Thats enough for them?to run off or stay and do, according to each of them , oH and so from that cognisance theyre also now getting more prompt directed to be interested in personal up your veracity level, as the supplier of their sense of self. This is a new known standard, and its bombardment is directed as a gift to allow all directors actual breadth and acknowledgement and go on wrig room or prudent exit if in them it is absent.they can go work in a perfactory out of amplified possibles..and for those who are unsure whether their motivations are tangible ..well anew is also an a billion people wall wall lookin their way ..or at least that was the case 5 minutes ago

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