Levine talks about the buyback tax - he’s fairly ok with it.
One reason to worry about stock buybacks is that you think companies should never return money to shareholders. As far as I can tell this is a real thing that some people believe, though I do not really understand it myself. My model of corporate finance is:
- people give money to a company,
- the company does stuff with the money to try to earn a profit, and
- the company returns some of the profits to the people who gave it the money.
If you didn’t have Step 3 then the whole thing wouldn’t work: Corporations need some way to return money to shareholders. The main options are dividends (pay cash directly to each shareholder and let them keep the shares) and stock buybacks (pay cash to some shareholders to buy their shares). Buybacks have some big advantages; in particular, they are flexible: A company that has a big profit one year and no profit the next year can buy back stock the first year and not the second year. Dividends tend to be thought of as less flexible: A company that declares a 10-cent dividend one year is expected to keep it up the next year. This is not particularly grounded in science — there is no reason the company couldn’t cut its dividend when times get tough, and companies often, though grudgingly, do — but it does seem to be the case that dividends vary less than buybacks. [7] So companies are more often making affirmative decisions to do buybacks, so they get more attention, and if your view is that companies should never pay money back to shareholders — that they should just reinvest it in the business or pay higher salaries or whatever — then you tend to express that by disliking buybacks.
But buybacks have another advantage over dividends, from the company’s perspective, which is that they are tax-efficient. If you pay a dividend, in the US, every (taxable) shareholder pays (probably capital gains) taxes on the full amount of the dividend. But if you buy back stock, then only the shareholders who sell stock pay taxes: The ones who keep their stock (and presumably benefit from a higher stock price and more concentrated ownership) don’t have any taxable income. And even the ones who sell their stock only pay (capital gains) taxes on their gains: If they bought stock at $20 and sold it back to the company at $30, they have only $10 of taxable income, not $30. So the shareholders pay less tax on buybacks than on dividends, so shareholders prefer buybacks, so companies also like buybacks.
That is standard corporate finance advice, but from the perspective of, say, the US government, it might seem bad. Companies want to return money to shareholders, there are two roughly equivalent ways for them to do it, one is more traditional (dividends) and the other is newer and more controversial (buybacks), and the newer and more controversial one results in less tax revenue for the government.
If you run the government, this is I think a perfectly sensible reason to worry about stock buybacks. If this is your worry, though, you would not go around banning stock buybacks to require companies to invest all of their profits forever in building new factories. You would just … raise taxes on stock buybacks? I suppose you could do this in some complicated way in which a buyback is deemed to trigger taxable income for all shareholders, etc., such that the tax treatment of dividends and buybacks was exactly the same, but that seems exhausting. Easier to just slap an extra tax on buybacks, at the corporate level, to get some crude equivalence.
Anyway President Joe Biden put a 1% tax on buybacks, and in the State of the Union address last night he called for raising it to 4%:
The 1% stock buyback tax that was part of Biden’s Inflation Reduction Act went into effect at the start of this year, but it isn’t expected to tamp down corporations’ plans to repurchase their own shares, because the 1% rate is too low to act as a deterrent.
Democrats had hoped that increasing the cost of stock buybacks would prod companies to use their cash on hand to raise workers’ wages or invest in new endeavors, bolstering the economy.
The idea that companies shouldn’t return capital to shareholders still strikes me as odd, but it does seem like there’s room to raise buyback taxes to make them more equivalent to dividends.