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What's Clearly Wrong With the Bank Tax

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"We want our money back," President Obama said last week, selling the proposed bank tax that according to the Treasury Department ensures "the TARP program does not add to the deficit."

A little background here: TARP -- the Troubled Asset Relief Program -- is 2008's bank bailout. It was assumed at the time (with good reason) that banks wouldn't be able to repay taxpayers in full. To blunt this fear, the bill states under no uncertain terms that:

the President shall submit a legislative proposal that recoups from the financial industry an amount equal to the shortfall in order to ensure that TARP does not add to the deficit or national debt.

That's both fair and responsible -- a rare combination in Washington. Look in the mirror and try to argue that the industry being showered in cash shouldn't be responsible for repaying it. You'll look really stupid.

But last week's proposed "Financial Crisis Responsibility Fee" has been fiercely condemned. And not just by bankers. Even Warren Buffett bluntly responded to the tax by telling CNBC, "I don't understand that."

What gives?  

Here's what. Originally meant for banks, TARP quickly found its way to insurance companies, auto companies, homeowners, you name it. Without arguing whether that was right or wrong, know that every penny -- every single penny -- of TARP's expected shortfall (roughly $117 billion) is projected to come from these nonbanking segments. Indeed, the banking segment of TARP is on track to score a $19 billion profit.

It's easy to say, then, that banks are being unfairly, maybe even unlawfully, billed for the losses of auto companies and insurance companies (meaning AIG, which, curiously, is exempt from the tax). TARP's repayment clause was meant to recoup money lost by TARP's intended patient: the financial industry. Why should the financial industry be on the hook for GM's and Chrysler's losses, most of which were several decades in the making? That's a good question no one has answered coherently.   

The counter is that, sure, banks have repaid TARP, but they also received an Easter basket of other financial goodies charged directly to taxpayers.

This is entirely true. TARP, in some ways, is on the smaller end of bank subsidies doled out over the past two years. Whether this was necessary, no one can sanely argue that banks shouldn't be responsible for repaying these additional giveaways. And there were several of them: Fellow Fool Chris Barker lays out the depressingly long menu of goodies here.

One example is the Temporary Liquidity Guarantee Program (TLGP). Worried that financial institutions wouldn't be able to raise capital, the FDIC began backstopping financial debt in late 2008, making it risk-free for those who bought it. Quite literally, banks were able to borrow for next to nothing while taxpayers (who explicitly back the FDIC) bore all the risk.

Moreover, TLGP is wholly voluntary, unlike TARP, which banks were forced to participate in even if they begged and pleaded to stay out of it.

As of Nov. 30, here's how much the largest financial institutions still held:

Company

TLGP Debt Outstanding

Weighted Average Yield

General Electric (NYSE: GE  )

$88 billion

0.77%

Citigroup (NYSE: C  )

$64.6 billion

0.91%

Bank of America (NYSE: BAC  )

$44.5 billion

0.67%

JPMorgan Chase (NYSE: JPM  )

$39.7 billion

0.73%

Morgan Stanley (NYSE: MS  )

$25.1 billion

0.70%

Goldman Sachs (NYSE: GS  )

$21.2 billion

0.77%

Wells Fargo (NYSE: WFC  )

$9.5 billion

0.68%

Source: Bloomberg.

As Daniel Gross from Slate writes:

For every 100 basis points (i.e., if that debt bore an interest rate of 1.7 percent instead of 0.7 percent), Goldman is saving $213 million in interest costs per year. In the spring of 2009, when much of this debt was issued, the spread -- i.e., the difference between the interest rates charged to private-sector corporate borrowers and to the government borrowers -- was significant. In April 2009, it stood at 540 basis points. I don't know what to call this other than a huge subsidy.

Bingo: TLGP, along with several other programs, are huge, direct subsidies by any definition. If the bank tax were presented as a way to compensate taxpayers for these programs, we'd have no problem. People would love it. Beg for more of it. Wonder why it took this long to do it. Instead, it's been presented as a way to recoup money that, to be fair, has already been recouped. That makes the whole thing look groundless, vengeful, and prone to confuse an already bamboozled public.

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Fool contributor Morgan Housel doesn't own shares in any of the companies mentioned in this article. The Fool has a disclosure policy.


Comments from our Foolish Readers

Help us keep this a respectfully Foolish area! This is a place for our readers to discuss, debate, and learn more about the Foolish investing topic you read about above. Help us keep it clean and safe. If you believe a comment is abusive or otherwise violates our Fool's Rules, please report it via the Report this Comment Report this Comment icon found on every comment.

  • Report this Comment On January 21, 2010, at 1:18 PM, rd80 wrote:

    I'd add one point to an excellent article. The banks did pay fees to FDIC for TLGP. It was definitely a benefit to them, but it wasn't a free lunch.

    I don't know if the FDIC has reported on whether or not the TLGP premiums covered any losses.

  • Report this Comment On January 21, 2010, at 2:49 PM, dargus wrote:

    This is the second article of this nature I've seen on Fool recently. What bothers me is both singled out AIG as the money hole without pointing out that AIG paid out a lot of money on CDS's to the big banks, and that money came from the tax payers.

  • Report this Comment On January 21, 2010, at 3:14 PM, TMFHousel wrote:

    dargus,

    Coincidentally, the money you're referring to came from the NY Fed, not TARP.

  • Report this Comment On January 21, 2010, at 4:36 PM, aggie9711 wrote:

    Unless this tax, fee, whatever it is, is going to reduce the outstanding debt from the TLGP program, your premise doesn't hold any water. You want to reduce the "subsidy" of the TLGP program, then be honest and raise the rates on that debt.

    This tax is just a way to recoup all the losses from non-financial institutions that were illegally handed out from TARP and let these other entities off the hook (especially the union shops known as GM and Chrysler).

    Here's an idea: In the future, how about the government gets out of the business of being a lender, savior, and safety net for these businesses and let them fall flat on their faces if they screw up. Then maybe they won't make as many risky, stupid mistakes that we have to bail out. Moral hazard anyone?

  • Report this Comment On January 21, 2010, at 5:09 PM, aggie9711 wrote:

    Unless this tax, fee, whatever it is, is going to reduce the outstanding debt from the TLGP program, your premise doesn't hold any water. You want to reduce the "subsidy" of the TLGP program, then be honest and raise the rates on that debt.

    This tax is just a way to recoup all the losses from non-financial institutions that were illegally handed out from TARP and let these other entities off the hook (especially the union shops known as GM and Chrysler).

    Here's an idea: In the future, how about the government gets out of the business of being a lender, savior, and safety net for these businesses and let them fall flat on their faces if they screw up. Then maybe they won't make as many risky, stupid mistakes that we have to bail out. Moral hazard anyone?

  • Report this Comment On January 21, 2010, at 5:14 PM, TMFHousel wrote:

    aggie9711,

    "Unless this tax, fee, whatever it is, is going to reduce the outstanding debt from the TLGP program, your premise doesn't hold any water. You want to reduce the "subsidy" of the TLGP program, then be honest and raise the rates on that debt"

    I don't follow. Are you saying raising a fee on TLGP is nonsensical, but "[raising] the rates on that debt" somehow is? How are the two different?

  • Report this Comment On January 21, 2010, at 5:15 PM, TMFHousel wrote:

    sorry: but "[raising] the rates on that debt" somehow *isn't*?

  • Report this Comment On January 21, 2010, at 5:50 PM, sails2 wrote:

    Help me with this. The banks get us in a hell of a mess. The taxpayers, thats most of us, hold their noses and bail them out and support them with really cheap money understanding that it will be lent out. The banks exploit the spread between what they have to pay and what they can get on the market. Lending is kind of left out. Terrific profits result. Bonuses bigger than most of us earn in a lifetime are proposed (and I consider myself to have been successful!).

    Now why is anyone surprised when the taxpayer gets a bit upset.

  • Report this Comment On January 21, 2010, at 6:41 PM, rd80 wrote:

    Over the course of the TLGP, banks paid over $10 billion in fees and surcharges for the loan guarantees.

    Source: http://www.fdic.gov/regulations/resources/tlgp/fees.html

    According to this 13 Jan 2010 Newsweek article, TLGP has not sustained any losses to date.

    http://www.newsweek.com/id/230530

  • Report this Comment On January 21, 2010, at 7:50 PM, FoolTheRest wrote:

    A well written article, Morgan. To the point and biased, but well supported and reasoned.

  • Report this Comment On January 22, 2010, at 12:58 AM, xetn wrote:

    Another stupid initiative by an administration that "just has to do something" even if its wrong. They call that a "pretense of knowledge", something they clearly do not have [knowledge]. Only 8 percent of the Obama administration has ANY business experience and most of them are from GS and their ilk.

    They are doing an excellent job of spending our money with out any benefit, and wrecking the economy (the part that is still private).

  • Report this Comment On January 22, 2010, at 3:17 AM, PoundMutt wrote:

    aggie9711 wrote: "This tax is just a way to recoup all the losses from non-financial institutions that were illegally handed out from TARP and let these other entities off the hook (especially the union shops known as GM and Chrysler)."

    Why all the hate for union workers? You want them to live in near poverty like MOST of the U.S. workforce? If it were not for unions, most of you haters would be working 10-12 hour days, 6 days per week, for $30 a month!

  • Report this Comment On January 22, 2010, at 5:40 PM, keddie1 wrote:

    I agree. It is a well written article - facts, logical layout, good flow, and so forth.

    As far as it goes.. yes... its well written... and.. The banks have lived up to their agreement with TARP... Technically..

    I also believe that one has to differentiate investment banking from the more traditional depositor / loan banking.... at the moment, ever bank (except the regionals) seem to do everything and that is clouding things a lot...

    However, that's not what we are all upset about. What we are upset about is that morally and ethically the banks (the big ones) have taken extreme advantage of the situation. Yes the purpose of business in America is to "Make a Profit".... However... it is a free market so it is suppose to be a fair and reasonable profit for quality goods and services. A fair days pay for a fair days work if you would. (It si not ANYTHING GOES TO MAKE A BUCK)

    If you want to talk about TARP funds illegally given out, let's take the full inventory... GS.. what about GS. GS WAS an investment house... it was not a traditional bank.. Therefore it was not eligible for TARP. What happened? Well there was a rush to reclassify GS as a traditional bank.. and that is how GS because eligible for TARP funds. Likewise, GE (Gosh a manufacturer), got reclassified as a traditional bank and got TARP funds...

    Which gets round to why Warren might be a little concerned about O's proposal. Warren, while I dearly love the oracle, has a substantial amount of his wealth tied up in GE and GS. Might be a bit of bias there - no? And this happened on the Bush watch by the way, not the O watch.

    So I don't know if one can be too concerned about a few billion sent off to the Automakers... Many more Bs went off to financial institutions for whom it was never intended by sleight of hand and a flick of the pen..

    That aside, all this talk about who got what from whom and who paid who back .... IS NOT THE PROBLEM.... (emphasis, not yelling)

    The problem is that those who received the benefits of TARP, while technically compliant, have not lived up to the moral and ethical spirit of the program.....

    The trouble here is that the "INVESTMENT Institutions" used the TARP money to make obscene profits (nothing wrong with this – we live in Amerca), but then they quickly maneuver to screw the tax payer out of their share of the benefits. The expectation was not just to pay it back – the tax payer expectation was to share in the bank’s PROFITS! Worse, they (the banks) are not even considering the principles of Ben Graham that equitably distributes the benefits of the profits between: owners (shareholders), employees, customers, and invests back into the business. Instead it appears to be all about a few select employees only. The moral and ethical contract is completely broken or nonexistent.

    And that is what we are upset about. The lack of ethics and moral obligation.

    These folks feel entitled to their obscene bonus schemes. Now explain something here.... If the president of the USA can run the world's largest budget (over ten trillion with a T) for the sum of 400K.. then why are these folks entitled to skim BILLIONS off the top of a money flow for fund their ten digit bonuses?? And as for, if they don’t make this kind of obscene bonus then no one will want the job – complete NONSENSE… again, the president only make 400K and there are always at least two… at least two.. and at times tens of candidates seeking the position.

    The plan was simple... Here's money through Tarp.. .Now lend! What could be easier....

    that didn't happen.

    TARP was never about the profitability of the financial institutions... it was about the financial health of the USA economy (which was rudely extended to the world by virtue of what these folks did)... we were asked, in effect, to sacrifice ourselves to give these institutions a “transplant” so that they might live.. then they were suppose to circle make and make us whole and health again.. The Bankers had a moral obligation to use the TARP funs to help out the economy. That is what TARP was about…

    They didn't do that.. instead they focused solely on profit and bonuses... .. and that's why people are upset... and that's why they (the bankers) need to gain some humility and pay the stink'n tax....

    The tax is an "ethics" tax... and that is no different than a "sin" tax on cigarettes and liquor...... or the proposed "fat" tax on carbonated beverages... and so forth..

    So. If you all want to defend the banks I’m ok with that. I believe they are “Too Big To Be” and need broken up. It would be better for the economy in the long run and better for the Fool Investors. More stocks to choose from with clear-er balance sheets.

    Ok. You all can beat me up.. I’m ready for it..

  • Report this Comment On January 22, 2010, at 11:44 PM, TARPedBanks wrote:

    @keddie1 - One minor correction. GE did not get TARP funds. GE did participate in the FDIC's loan guarantee program, but not TARP.

    "The Bankers had a moral obligation to use the TARP funs to help out the economy. That is what TARP was about…"

    No, the bankers had an obligation to follow the terms of the TARP contracts, nothing more, nothing less, and they did that. They also have a fiduciary responsibility to their shareholders.

    Maybe it's our political leaders who had a moral obligation not to give our tax money to the bankers, automakers, AIG, FNM and FRE in the first place.

  • Report this Comment On January 23, 2010, at 5:45 AM, keddie1 wrote:

    @TARPedBanks - Thankyou for the clarification on GE....

    Are you saying that Organizations have no "Moral or Ethical" obligation?? They only have to follow the written words of the contract?? In this case TARP...

    I'm not disagreeing... just asking... and certainly I have dealt with business folks who act as though this is exactly the case....

  • Report this Comment On January 23, 2010, at 7:29 PM, TARPedBanks wrote:

    The first problem with trying to impose moral and ethical obligations to an organization is who gets to decide what's moral and ethical? In the case of corporations, I'd say following the law and honoring contracts is a good floor for ethical behavior.

    The government could have put requirements in the TARP purchase agreements related to lending, tighter restrictions on compensation, bigger cuts to dividends, etc. It didn't.

    As much as I hate to be in the position of defending Goldman Sachs; consider the money they got from the gov't through AIG that's raising such an uproar. That wasn't a gift, AIG was contractually obligated to pay on those credit default swaps. Under normal business practices, when AIG couldn't pay the first step would be to try and negotiate a reduced payment with the counter parties. The negotiations would basically be 'here's what we can pay, you can take it or take your chances in bankruptcy court.' After some back and forth, they would have either agreed to some kind of settlement or sorted it out in bankruptcy court.

    Now enter the gov't bailout. AIG is no longer in imminent danger of bankruptcy. In that scenario why should we expect any of the counter-parties to accept less than full payment? If you were the GS person in charge of negotiating with AIG would you have taken 60 cents on the dollar when you saw tons of new money coming in AIG's front door?

    The government could have dragged all parties to the table and taken a hard stand; a 'take a reduced settlement or we don't bail 'em out and you can take your chances in bankruptcy court' approach, but it didn't. Who's really to blame for GS being made whole on its CDS with taxpayer dollars? The GS negotiator trying to collect what AIG owed or our current Treasury Sec/then Pres. of the NY Fed who agreed to pay full value?

    We have a time tested bankruptcy system in place that includes procedures for reducing creditor claims. When the gov't intervened in AIG, GM, Chrysler and others, it removed the ability to use those procedures because bankruptcy was at least temporarily off the table. In the cases of GM and Chrysler, they went bankrupt anyway and the gov't basically gave billions of taxpayer dollars to bond holders and the union pension plans.

    I find it very hypocritical that government officials are so quick to blame bankers for taking advantage of gov't funding when those same gov't officials were the ones who handed the taxpayers' money or continued handing taxpayer money to the bankers in the first place.

    I also question the ethics of requiring banks that honored their TARP contracts to pay for the program losses incurred largely by the auto makers and AIG. If the banks have to pay, AIG, GM, GMAC, Chrysler, FNM, FRE and other wards of the state should have to pony up too.

    While they're at it, a special tax on former President Bush, Hank Paulson, President Obama, Sec. Geithner and every Congressperson who voted for TARP wouldn't be a bad idea either.

    Enjoyed swapping opinions. Hope Morgan doesn't mind that we hijacked the comments for his article.

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