You're now on the archive server. Commenting has been disabled.

Cliff Asness Voices In On The Transaction Tax

Tyler Durden's picture




HR 4191: Probably Dangerous and Destructive, But Perhaps Merely Useless

Clifford Asness

Aaron Brown

Michael Mendelson

AQR Capital Management, LLC

Preliminary Draft, comments welcome: mmendelson@aqr.com

 

Oregon Representative Peter DeFazio and others have introduced HR 4191, Let Wall Street Pay for the Restoration of Main Street Act of 2009. This bill seeks to fund spending programs by taxing securities and derivatives transactions. As a claimed side benefit in addition to raising revenue, the tax would massively raise the costs of trading, thus curbing “speculation.” But alas, passage of this Act would likely hit the superfecta of unintended consequences as little tax is actually collected, stock prices fall, systemic risks increase, liquidity dries up, and, ironically, credit costs to businesses and individuals rise as banks’ balance sheet capacity gets consumed with favorably taxed-transactions.

The Act, a 0.25% transactions tax, states that it “has a negligible impact on the average investor ” and its sponsors claim that it “will ensure Wall Street pay for needed investment.” Both assertions are false. The sponsors believe that their tax would raise as much as $150 billion per year. Instead, it would raise only a small fraction of that as trading volume diminishes or alters form to reduce the burden. While that drizzle of revenue might ultimately prove to be embarrassing to the sponsors who promised a downpour of cash, the economic costs will be a tsunami to investors saving for the future, businesses raising capital to expand and create jobs, and to banks working to prevent a further contraction in lending.

Once imposed, the tax either “works” and becomes more aptly titled the Let Main Street Pay For the Restoration of Main Street Act of 2009 or, more likely, doesn’t work and becomes the Let No One Pay for the Restoration of Main Street Act of 2009. Which way it goes will be determined by the precise language of the final Bill, but either direction is a wrong turn for taxpayers and investors.

The UK has had a similar tax for some time. In contrast to the DeFazio proposal, the 0.50% UK Stamp Duty Reserve Tax exempts dealers. This exemption leads to a simple device that miraculously eliminates most of the potential for tax collection and its adverse consequences; investors, both large and small, purchase economic exposure to stock through derivatives trades with dealers. The dealers retain the actual legal ownership of the shares and investors buy the returns from them. To anyone interested in the democratization of corporate governance, forget about it in this case as the investors owning the returns no longer own the shares.

An unfortunate side-effect is it moves a huge volume of assets onto dealer balance sheets, something we won’t be too happy about when the next financial crisis arrives. As bad as 2008 was, imagine if one of the few well-functioning markets at the time, the stock market, all of a sudden also came to crisis because so many customer positions were actually carried on the books of a handful of troubled firms.

All of that seems pretty unwelcome and not at all what the Bill’s sponsors intend, so maybe they will not and add a UK-style dealer exemption. Perhaps they also will close off other ways to avoid paying the tax. In that case, investors either pay it or substantially stop trading. If, for some reason, investors are willing to keep on trading a lot and pay a lot of tax, then one thing has to happen – stock prices will fall, a lot. Why? Because the transaction tax imposes a tax on the value of the assets, it gets paid out of the cash flows from the underlying securities. One simple result is that stock prices adjust downward to reflect much of the expected present value of the future stream of taxes. If such a tax were really to generate $150 billion per year, and that cost was evenly distributed amongst investors (it’s hard to predict that but it has to come from somewhere), that value destruction might be in excess of $1 trillion in the $13 trillion US equity market. It is doubtful that the bill’s supporters intend to drive down stock prices, particularly nowadays, though that’s why the consequences are called “unintended.” In fact, their discussion implies they think Wall Street will bear all the costs and this is simply false.

The transaction tax is a tax on investors, not bankers. Even if some investors (e.g. mutual funds, and tax-advantaged savings accounts) are exempted from paying the tax, all investors will pay in the form of lower share prices. Notice that nowhere in this process are bank profits taxed, and banker compensation is only hurt by hurting their business, probably not the objective of any of HR 4191’s sponsors. Instead, Main Street will see lower pension fund values, both in their own retirement savings and in the public employee pension plans they will now have to top off with new taxes on their homes and incomes.

It's highly likely that far less than $150 billion per year in tax actually will be paid as trading volumes decline sharply. So the Bill becomes ineffective at raising revenue, but the good news in this case is that share prices will decline less. Trades still will happen, some tax will be paid, and share prices still will fall some. However, the bad news is that a host of side effects will be significant and all dangerous. Trading costs will soar as market making activity is taxed to near extinction. Bid/ask spreads will widen substantially. When an investor wants to sell, there will be fewer market makers to intermediate between him and a future buyer of the same stock. Instead, sellers will have to coax buyers into trading immediately by offering a healthy discount. We will turn our very liquid stock market into an illiquid or at least far less liquid one, to our collective regret. Anyone remember 2008 and the destructive power of illiquid markets?

The problems above are symptoms of a market getting less efficient. Here is another one, volatility will rise, too. How could it not? Without liquidity providers, buyers and sellers have to act more aggressively to find trading partners, so we will see prices jump around more than we do today. And the speculators? Well, they aren’t the ones who trade a lot, it’s the liquidity providers who do. Will the 0.25% tax prevent a speculator from buying the $50 stock that the Internet chat room says will soon trade at $100? No, but serious investors will be deterred and market prices will become less efficient. We will be paying for that either in the next bubble or the crash that follows it as Mom and Pop buy grossly overpriced shares then sell them at the bottom in an implosion that should never have happened.

The sponsors and some commentators like the tax as a means to eliminate “high-volume short –term speculative trading.” And, yes, the tax would likely put high frequency traders out of business. The problem is that these are today’s market makers, our liquidity providers now that the older, traditional (and ironically more expensive) ones on Wall Street are largely gone. High frequency traders run relatively low risk businesses that serve a needed role in our markets, but they aren’t speculators.

Others like the tax because they hope it will reduce trading done by what academics call “noise traders” and who you might call traditional money managers. A transactions tax would presumably reduce the trading of those who aren’t very good, but it also would reduce the trading of those who are and whose trades are necessary to make prices reflect economic reality. In fact, if noise traders exist it’s highly likely they are “overconfident” and one could easily imagine their trading falling considerably less than their better informed cousins.

Should Congress and the President find enough appeal in HR 4191 to enact it, there are three possible outcomes. The first is that there are enough loopholes that the tax raises little money but has unfortunate side effects like driving jobs and tax revenues overseas or inflating the balance sheets of banks. The second is that there are no meaningful loopholes but, surprisingly, people still trade a lot and enormous taxes are paid, in which case we expect stock prices to fall dramatically. The third, and most likely, is that there aren’t enough exemptions and investors react by sharply reducing trading activity, so there is little revenue but great harm to the market and the economy. Whichever of these occurs, the sponsors of the Bill will face a hard time explaining how, when aiming to shoot the banks, they shot their constituents who will then pay for the next Wall Street bailout.

h/t Stumblingontruth

Full letter here




Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
Mon, 12/14/2009 - 17:47 | Link to Comment BrianOFlanagan
BrianOFlanagan's picture

if he's against it, I'm for it

Mon, 12/14/2009 - 18:20 | Link to Comment jdun
jdun's picture

I agree with his analyze on the taxes transaction tax.

All taxes are passed down to the middle class and poor. It isn’t my opinion it’s a fact of life. Almost everything the government does make life harder for the average person. If you want a better life promote less government and less taxes.

If you want to punish someone either sends them to jail or to the chair.

Mon, 12/14/2009 - 18:32 | Link to Comment Anonymous
Mon, 12/14/2009 - 19:17 | Link to Comment jdun
jdun's picture

Because they want to complete with other business in other countries. If less taxes the cost saving will be passed down to the consumers. If they can’t get a tax break then they will pass it down to the consumers and sooner or latter those business will either go out of business or move to another country like you know China.

Which would you buy?

1. A hammer that cost $10 due to high taxes and regulations?

Or

2. A hammer that cost $1 that is made in China that doesn’t have high taxes and low regulations. The American version might last long and better looking,, but overall both do the same thing at the end of the day.  BTW they also have to ship it to the USA.

98% will pick 2 because they get more for their money. This translates to loss of jobs in the USA because we can’t complete.

We don’t live better then we did 50 years ago. We make less, work more and a lot poor then 50 years ago. What you see is an illusion. 

We all paid sale tax and the people that work at Wall Street paid sale taxes when they buy like you know a hotdog for lunch. Business don’t paid sell taxes. Business collect sale taxes. Consumers paid sell taxes. Government waste your sales taxes.

Think before making judgment. Use the brain that God gave you.

Mon, 12/14/2009 - 19:36 | Link to Comment Mr. Anonymous
Mr. Anonymous's picture

-

Tue, 12/15/2009 - 01:19 | Link to Comment Missing_Link
Missing_Link's picture

if he's against it, I'm for it

Ditto.  I opposed the tax until I read this piece.  If he's bitching that much it means it will clearly have the intended effect.

Mon, 12/14/2009 - 17:50 | Link to Comment Anonymous
Mon, 12/14/2009 - 18:26 | Link to Comment jdun
jdun's picture

You are correct. All taxes hurt Americans especially the middle class and the poor. It does nothing other then gives other countries jobs. A lot of Americans doesn’t realize this because mostly they are stupid.

Less regulation, less government, fewer taxes equal better living standard, more freedom, better economy, more jobs, and less waste.

Mon, 12/14/2009 - 19:38 | Link to Comment Mr. Anonymous
Mr. Anonymous's picture

Hear there's plenty of vacant office space in Dubai.

And please, don't let the door hit you on the way out.

Mon, 12/14/2009 - 17:51 | Link to Comment youngandhealthy
youngandhealthy's picture

withdraw liquidity, increase interest rates and re-instate Glass-steagal act...BINGO

Tue, 12/15/2009 - 09:35 | Link to Comment Anonymous
Mon, 12/14/2009 - 18:00 | Link to Comment Anonymous
Mon, 12/14/2009 - 18:23 | Link to Comment Anonymous
Mon, 12/14/2009 - 18:59 | Link to Comment DonnieD
DonnieD's picture

So what happened prior to HFT?

Mon, 12/14/2009 - 19:13 | Link to Comment peterpeter
peterpeter's picture

People paid much high spreads (measured in fractions) to human market makers that colluded on pricing.

http://www.justice.gov/opa/pr/1996/July96/343-at.html

There has never been a cheaper time in the history of trading to transact (frequently 1 penny spreads and retail commissions available at 1/2 penny per share), and any reversal of that through taxation or other legistlation will result in lower share prices as the cost of transacting must be accounted for in any valuation model (as a reduction in income - and hence reduced by whatever multiple you think appropriate for the equity in question).

Mon, 12/14/2009 - 19:43 | Link to Comment Mr. Anonymous
Mr. Anonymous's picture

Two near crashes in ten years.  Yeah, this liquidity thing is just awesome. 

Maybe there should be a lot less liquidity so some of these traders would quit playing their keno games and use those brains God gave them to GET REAL JOBS and provide something to humanity of VALUE.  Maybe they'd become doctors or engineers or physicists or anything else but the LEECHES they are. 

Mon, 12/14/2009 - 20:53 | Link to Comment peterpeter
peterpeter's picture

Matching natural buyers and sellers over different time horizons may not be your cup of tea, but if you think it is not a useful function for society, than you have never given much thought to the structure of functioning capital markets, and certainly do not frequently trade any financial instruments.

As for the 2 crashes in ten years - there is ample evidence of markets bubbling up and crashing down not only preceeding the use of computers in trading, but several hundreds of years prior to their invention.  Pick up a copy http://www.amazon.com/Devil-Take-Hindmost-Financial-Speculation/dp/0452281806

I know it must feel great to use the caps lock key every now and then and refer to other folks as leeches, but you might actually learn something if you read the full letter Cliff Asness wrote and gave it thought, rather than just react to it in the most juvenile way possible.

Mon, 12/14/2009 - 22:13 | Link to Comment Anonymous
Mon, 12/14/2009 - 22:40 | Link to Comment DonnieD
DonnieD's picture

I get your point that the spreads are smaller but if the computers are driving up the share price (as many articles I have read claim they do) how does it help the little guy who ends up paying an artificially high price for the security? 

I'm not a trader and I generally don't despise gov't interference and taxation but I haven't been sold this HFT thing benefits anybody except those who have the power to exploit it.

 

 

 

 

Wed, 12/16/2009 - 03:27 | Link to Comment Anonymous
Mon, 12/14/2009 - 22:11 | Link to Comment Anonymous
Mon, 12/14/2009 - 18:03 | Link to Comment Ned Zeppelin
Ned Zeppelin's picture

Is his name pronounced like "ass-ness," as in, having the quality of "ass," which in this case, by sheer coincidence, seems quite likely? If true, also consider the school yard jeering he must have endured as a child, as explaining and perhaps even excusing his current stance on what I will agree is a ridiculous, ill-conceived scheme of taxation, but for completely different reasons not supportive of his particular industry's niche.

Mon, 12/14/2009 - 18:09 | Link to Comment JohnKing
JohnKing's picture

So, Cliff is basically saying ..Let us continue to steal or we blow you up. What an asshole. How is he any different from any two-bit protection racketeer?

Mon, 12/14/2009 - 18:18 | Link to Comment Daedal
Daedal's picture

So, Cliff is basically saying ..Let us continue to steal or we blow you up.

What are you smoking?

Mon, 12/14/2009 - 18:27 | Link to Comment jdun
jdun's picture

The kind that destroy brain cells.

Tue, 12/15/2009 - 00:31 | Link to Comment JohnKing
JohnKing's picture

I want some of what Cliff is smokin.. I mean, what is it that makes your balls bigger than your brain? mo balls man..that's it, gimme yo shit sucker, and smile while you're doing it and smile wide cause I'm helping you with liquidity. Really bitch, I'm helping you so gimme your stuff.

Mon, 12/14/2009 - 18:19 | Link to Comment Anonymous
Mon, 12/14/2009 - 22:41 | Link to Comment JohnKing
JohnKing's picture

His Assness is promoting liqidity like it it is essential to a free market. Free and efficient markets do not require crutches to function. If there is no market for your asset maybe it's not really an asset. Of course the only ones that benefit from the liquidity crutch are TBTF failures  and ass hats pretending to provide liquidity while front running every dog shit asset they can.

But please, by all means give me more liquidity, I need another bubble.

 

Tue, 12/15/2009 - 00:14 | Link to Comment Anonymous
Tue, 12/15/2009 - 00:43 | Link to Comment JohnKing
JohnKing's picture

You want to be a market maker, step up and be a market maker, don't put a few hundred or thousand transactions per millisecond in front of my order and call yourself a market maker. You are not providing liquidity, you are a parasite. You are also a criminal currently enjoying blind (to you) justice.

Tue, 12/15/2009 - 01:11 | Link to Comment Anonymous
Wed, 12/16/2009 - 03:34 | Link to Comment Anonymous
Mon, 12/14/2009 - 18:32 | Link to Comment Anonymous
Mon, 12/14/2009 - 23:22 | Link to Comment Anonymous
Mon, 12/14/2009 - 19:04 | Link to Comment Anonymous
Mon, 12/14/2009 - 21:06 | Link to Comment Anonymous
Mon, 12/14/2009 - 21:08 | Link to Comment Anonymous
Mon, 12/14/2009 - 21:11 | Link to Comment Anonymous
Tue, 12/15/2009 - 00:47 | Link to Comment FreakuentFlyer
FreakuentFlyer's picture

deja topic

 

what's "wrong" with an approach like this, instead of another TAX?

 

As far as I can tell, we are debating a mechanism that would reduce some negative aspects of our equities markets. Thus far, this “negative” behavior has been described as HFT. And, moreover, all HFT has been described as “negative” (in respect to the so called “fairness” of our public markets). On the opposite side of the debate, we have claims that market participants engaging in HFT, also, and at the same time, provide the service of liquidity as well as trading costs reduction, in the form of (relatively speaking) narrower spreads. Lastly, the 3rd side is against any (and all, especially new) taxes to be paid to the government.

 

Each side has thus far refused to accept the other’s claims. I will take a completely different approach - I will assume that all sides of this argument are making valid arguments, and that each of these arguments is worth being addressed by any change worth pursuing. Therefore, I will attempt to describe an approach to simultaneously address all of the above 3 main arguments.

 

Before I continue, let me make some basic statements/assumptions I will use as the foundation for my approach:

1.       (buy-and-hold) Investors are the most important market participants. Market structure should discourage (and not necessarily eliminate) any behavior which would tend to drive away Investors.

2.       Any “negative” consequences of HF TRADING, is about trading and not about attempts to trade – you can not “steal” profit from another trader (investor), unless there has been a trade.

3.       Therefore, HFT should be described in terms of position turnover (and not in terms of orders). Once we decide to use such a distinction, we can attempt to distinguish trades made as a result of Investor behavior vs. those trades made as a result of a Speculator behavior, for trades made in each instrument and the same account.

4.       Moreover, if we “assume” all HFT trading to be 100% speculative only, and entirely detrimental to Investors, then the extent of such a detriment can be only the amount of profit made on the profitable side (of this zero sum game).

Long story short, here is my “proposal”:

a)      Define HFT as “trading of individual securities in an individual (brokerage) account where the total nominal amount traded in one fiscal day exceeds X pct (e.g. 500%) of the maximum nominal position of the security in that account, held at any one moment during that fiscal day”.

b)      Once the total nominal turnover pct ratio has been reached, all “profit” made in that security/account/day is designated as HFT profit (net of all other fees and commissions) and is subject to Y % (e.g. 20%) fee to be collected by the broker and remitted to DTCC. In other words, if you have a 10k shares position, you could basically trade in-n-out 100share trades all day long and keep all your profits. And If you started with 0 shares in that same stock, once you hit your 3rd round trip, all the money you made that day in that stock/account would be levied the HFT pct fee.

c)       DTCC is the holder of all these cumulative fees per security, to be distributed quarterly, based on the ratio of each title holder of record pct of shares outstanding and number of trading days held over the previous quarter. In other words, if you held 10% of all shares outstanding of some stock during the entire quarter, you get 10% off all HFT profit made in that stock during that quarter.

d)      For the purpose of 401k, mutual funds, ETFs etc, make these DTCC “distributions” the same as dividend payments.

e)      Pct X and Y are to be “negotiated” periodically and their implementation to be monitored by whomever is regulating the exchanges (perhaps the 2nd smartest person on ZH can invent a process for this “negotiation”).

Basically, we should let the speculators still continue to inadvertently keep providing liquidity while making money, and use the profits they extract from their “victims” to encourage the victims’ continued participation in the marketplace. Meanwhile, the gov. does not get another opportunity to squander more of our money – the printing press is more than sufficient.

How long might an approach like this, continue serving its original purpose? Certainly not forever – just like today’s traffic regulations might require modification to address changes in behavior once we start flying our cars.

Wed, 12/16/2009 - 22:07 | Link to Comment Anonymous
Tue, 12/15/2009 - 02:49 | Link to Comment Anonymous
Tue, 12/15/2009 - 04:08 | Link to Comment Anonymous
Tue, 12/15/2009 - 10:01 | Link to Comment Anonymous
Tue, 12/15/2009 - 10:06 | Link to Comment Anonymous
Tue, 12/15/2009 - 10:10 | Link to Comment Anonymous
Tue, 12/15/2009 - 12:15 | Link to Comment Anonymous
Tue, 12/15/2009 - 14:01 | Link to Comment JohnKing
JohnKing's picture

It's the perceived lack of corruption that makes our markets the envy of the world, allowing the cabal of front running insiders to rape and pillage investors at ever increasing rates will indeed send investors fleeing elsewhere. Somewhere along the line it seems like Wall Street snugly fitted their collective thinking cap on backwards.

Do NOT follow this link or you will be banned from the site!