Japanese baseball player Shohei Ohtani attends a press conference on his presentation after signing a ten-year deal with the Los Angeles Dodgers at Dodgers Stadium in Los Angeles, California on December 14, 2023.
Frederic J. Brown | AFP | Getty Images
While California’s controller calls for restrictions on deferred income, that may not be the source of the problem, according to Steve Rosenthal, senior fellow at the Urban-Brookings Tax Policy Center.
“What’s really going on here is a federal law that was enacted in 1995 by a Republican Congress to prevent states from taxing pension income,” he said. “The problem with Ohtani is he can return to Japan and sidestep California taxes.”
The provision prevents states from taxing nonresident “retirement income,” which can include deferred compensation.
Deferred income hasn’t been a priority for Congress
While some Democrats have called for higher taxes on the wealthy, lawmakers have focused on areas like so-called unrealized gains, or investment growth, rather than deferred income, said William McBride, vice president of federal tax policy at the Tax Foundation.
“Deferred income runs throughout the tax code,” such as income from your 401(k) or executive compensation, he said.
If Congress enacted restrictions on deferred income, it would “put the state in a worse position in terms of its ability to collect revenue from these high earners and star athletes because they wouldn’t be there,” McBride said.
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