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HFT Tax On Deck, Musical Chairs Game Ending At A Corrupt Exchange Near You

Tyler Durden's picture




While recently there has been much speculation about a Tobin tax equivalent hitting our much less "regulated" (could we please just load the entire SEC headquarters...during working house... on one of those unused Capesizes and take advantage of the crashing Baltic Dry to ship them over to Britain so they can continue their phenomenal job of zombifying investors for 40 hours a week) ancestors east of the Atlantic, the trade tax is actually coming to an HFT algorithm near you.

According to an article in The Hill, the push for taxation on churning (which has been rumored to be illegal for retail investors but perfectly legal when performed by 2600 trading cores), courtesy of TradeBots and other purely speculative vehicles is set to become a reality, courtesy of the AFL-CIO and Democrats.

The nation’s largest labor union and some allied Democrats are pushing a new tax that would hit big investment firms such as Goldman Sachs reaping billions of dollars in profits while the rest of the economy sputters.

The AFL-CIO, one of the Democratic Party’s most powerful allies, would like to assess a small tax — about a tenth of a percent — on every stock transaction.

Small and medium-sized investors would hardly notice such a tax, but major trading firms, such as Goldman, which reported $3.44 billion in profits during the second quarter of 2009, may see this as a significant threat to their profits.
 
“It would have two benefits, raise a lot of revenue and discourage speculative financial activity,” said Thea Lee, policy director at the AFL-CIO.

It would be hard to find fault with Ms. Lee's observation:

“This would discourage numerous financial transactions. People flip their assets several times in an hour or a day. They make money but does it really add to the productive base of the United States?”

The benefit: lots of much needed capital to fill at least a part of the massive black hole that the US budget has become:

Lee said that taxing every stock transaction a tenth of a percent could raise between $50 billion and $100 billion per year, which could be used to pay for infrastructure projects and other spending priorities. She said the tax could be applied nationwide or internationally.

The proposal would hit especially hard those hedge funds and large banks earning hefty profits despite the shaky economy from a practice known as high-frequency trading. High-frequency traders use powerful computers to conduct hundreds of thousands of orders in mere seconds, taking advantage of slower traders.

Only the biggest investment firms can afford to develop the technology, which delivers handsome profits at little risk. The growing popularity of the practice has contributed to the soaring volume of trades on Wall Street in recent years and, some critics argue, market volatility and rampant speculation.

If these estimates are correct, and one tenth of a percent tax can generate $50 billion in extra tax revenues, one can only imagine what will happen when this actually hits Congress and instead of the 0.1% bogey, lawmakers realize that this could easily plug quite a few extra holes and decide to ramp up the percentage substantially.

And, shockingly, front and center, is...who else...Goldman Sachs:

Democrats and labor officials would also like to take a bite out of Goldman’s profits. Liberals are angry the company, which immersed itself in the frenzy of speculation leading to last year’s financial collapse, is now making huge profits after accepting (and repaying) $10 billion in government aid. Goldman employees are on track to earn an average of more than $700,000 this year. 

The bottom line here is that due to the highly fine-tuned leverage position of HFT profits to those that utilize it, even a 0.1% tax would put a huge damper on the recurring trade insanity which has pushed the stocks of bankrupt Lehman and WaMu (why are these even trading? SEC?) into the stratosphere over the past 2 trading sessions. Alas, when the regulators are woefully incapable of dealing with what a blind hobo would immediately classify as a borderline illegal acts of daily senseless churn, it takes labor unions and lawmakers to set the rules.

Maybe once the SEC is purged of its current crony administration which does nothing but demand more money and sends its personnel to cushy Wall Street jobs once their cronyism tenure is complete, these kinds of activities could be avoided. However, at a time when the market has become a huge Ponzi scheme which benefits only a select few who offload their worthless positions on a much less sophisticated institutional and retail base, it seems that no matter how many TV appearances Mary Schapiro puts on the convince anyone who gives a rat's ass just how (in)effective the Commission is, the regulators' opinion will be increasingly subdued and generally ignored when it comes to matters in which the government itself is now a primary backer, thanks to its massive ownership stake in virtually all financial (and soon all other) companies.




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Mon, 08/31/2009 - 12:49 | Link to Comment KidDynamite
KidDynamite's picture

get ready for the Law of Unintended Consequences...  10 bps wouldn't hurt anyone?  really?  The small investor might not notice 10 bps, but they'll notice when their counterparty goes away...

 

and oh - I love how they come up with the estimates of the revenues from the taxes - i'd bet dollars to chinese fortune cookies that they used the CURRENT trading volumes to calculate it... obviously, such a tax would decimate trading volumes.

Mon, 08/31/2009 - 14:55 | Link to Comment Anonymous
Mon, 08/31/2009 - 16:00 | Link to Comment USolad
USolad's picture

I see nothing inherently wrong with that. So long is order flow is not being intentionally leak to certain participants with real information.

good articles; good articles 4 slow news day ..http://www..
hat tip: finance news & finance opinions

Mon, 08/31/2009 - 12:52 | Link to Comment Printfaster
Printfaster's picture

Does this mean that stock trading will move to Bermuda?  Just like many US corporations have moved their headquarters, GE, Stanley, etc.?

After all Goldman moved to NJ to avoid NY and NYC taxes.

 

Mon, 08/31/2009 - 14:20 | Link to Comment dnarby
dnarby's picture

Kind of hard to co-locate your servers if they're in Bermuda.

Mon, 08/31/2009 - 15:00 | Link to Comment Zippyin Annapolis
Zippyin Annapolis's picture

Not so sure that co-location would in and of itself amount to a tax nexus.

Mon, 08/31/2009 - 17:38 | Link to Comment Ned Zeppelin
Ned Zeppelin's picture

The fact that the co-located server is the key to the profitability of the business (i.e., profits because it is located physically at that location, "doing business" at a fantastic rate per hour) would surely provide a rational nexus to beat that argument. 

Mon, 08/31/2009 - 12:54 | Link to Comment TumblingDice
TumblingDice's picture

They make money but does it really add to the productive base of the United States?

What an interesting question. I wonder if it can be applied to beyond the confines of HFT.

Mon, 08/31/2009 - 15:51 | Link to Comment Anonymous
Mon, 08/31/2009 - 12:54 | Link to Comment Assetman
Assetman's picture

My gosh... what have devolved into as a society, when AFL-CIO officials actually make more sense than our political and financial leaders?

In a Labor vs. Crony Capitalist battle, who do you think Obama will actually favor?

Answer: None.  He will pander to both and defer the problem to the next unfortunate POTUS.

Mon, 08/31/2009 - 12:55 | Link to Comment KidDynamite
KidDynamite's picture

oh - and i completely agree that the market has become an insane ponzi scheme - but if you think that increasing trading costs will do something about that, you're missing the point.  The ponzi scheme (of optimism) is not orchestrated by high frequency traders - it's orchestrated by the Administration.

 

Mon, 08/31/2009 - 12:59 | Link to Comment Tyler Durden
Tyler Durden's picture

I think the point here is that in the absence of the SEC controlling "perceived" externalities (and in fact benefitting from them as ZH speculated on Friday), soon you will see every Tom, Dick and Harry in charge of the legislative trying to monetize from their ongoing windfalls.

That is the real sad state of affairs

Mon, 08/31/2009 - 13:03 | Link to Comment curbyourrisk
curbyourrisk's picture

Right...but it is manipulated by the HFT.

 

 

Mon, 08/31/2009 - 12:55 | Link to Comment ghostfaceinvestah
ghostfaceinvestah's picture

Seems fair to me.  If that money went into a fund to support infrastructure projects, even better.

Mon, 08/31/2009 - 15:30 | Link to Comment Anonymous
Mon, 08/31/2009 - 15:45 | Link to Comment Anonymous
Mon, 08/31/2009 - 12:56 | Link to Comment Printfaster
Printfaster's picture

By the way, TD you are woefully ignorant in the purpose and ways of the SEC.

Our dear departed Teddy's father was the first head of the SEC.  Why did Roosevelt put Joe in charge?  Probably it was felt that a stock manipulator was going to make the investment more secure, just like a fox will protect the henhouse from interlopers such as skunks and raccoons.

 

Mon, 08/31/2009 - 12:59 | Link to Comment RobotTrader
RobotTrader's picture

Speculators could care less about "proposed taxes".

For now, they have a free ride and are likely to continue gunning bubble stocks like the coffee plays:

 


Mon, 08/31/2009 - 14:10 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:01 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:01 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:02 | Link to Comment digalert
digalert's picture

I can't believe I agree with afl-cio, tax the bastards. All the talk about providing liquidity is BS. When 70% of the market is HFT what happens when Joe the plumber working nearby accidently hits the OFF switch? UH OH panic what happened? run for the hills

Mon, 08/31/2009 - 13:03 | Link to Comment RobotTrader
RobotTrader's picture

Watching CIT, my barometer for speculation today:

Mon, 08/31/2009 - 13:08 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:09 | Link to Comment RobotTrader
RobotTrader's picture

Note how at the very first whiff of deflation, stock market correction, de-risking, etc.

Investors IMMEDIATELY SELL STOCKS and ask questions later...

And pile into T-Bills for safety.

Note the 7.0 TRIN reading today.

Mon, 08/31/2009 - 13:12 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:14 | Link to Comment Woodshedder
Woodshedder's picture

This type of tax would decimate the likes of me, who may be considered retail, but trades mechanical strategies. I would have already lost 1% today, just due to taxes.

I don't think there is anyway this sort of legislation could pass. It would cause some significant destruction and will surely unleash worse problems onto the market landscape.

Mon, 08/31/2009 - 13:15 | Link to Comment zarrmax
zarrmax's picture

I like the idea of somehow punishing market manipulators however, they tried to tax the oil companies like this a few years ago and like the "oil tax" this will never happen. This is nothing more than a special interest group (that represents themiddle class)teaming up with a political party (that supposedly reps the middle class)and picking an easy target for the middle class to get behind.....Trying to take money from the successful.  Since when does equity trading fund infrastructure? Isn't that what taxation is for?

Again, just for the record, I believe the groups manipulating the markets are scumbbags and deserve to punished....just not through taxation

 

Mon, 08/31/2009 - 13:16 | Link to Comment peterpeter
peterpeter's picture

Tyler,

Just how is a tax on a HFT profit base of $20B (according to the article on The Hill) that you claim over and over again to represent 70% of market transactions going to generate $50B in taxes?

Where is the estimate for the lost corporate taxes from those same HFT institutions?

This would stop much (perhaps most) automated market making, or at least blast the spreads so damn wide, that it would seem they'd all gone away... and then you would have the calamity you (or one of the other Tylers) is afraid of - the loss of liquidity in our markets due to the loss of the bulk of our computer market makers.

.1% on a transaction.  Let's say the average retail "investor" buys 100 shares at $13.85.  Take off .1%, and you have added $0.014 per share (presumably on both the buy and subsequent sell), and a wider spread paid on both sides....  This is a tax that noone would profit from.

If this nonsense were to gain traction, it would not be long before the current masses calling for the heads of HFT firms would rethink their misguided positions.

I guess it would be more fun for those who are currently banned from trading to have others effectively banned from trading... but to think that this would be good for the US markets, retail investors or the US budget deficit is insanity.  It would only be good for foreign exchanges, to which much volume would migrate.

As for the use of the term churning, it is completely inapropriate.  Churning is what a retail broker does to generate commissions.  HFT trades frequently to generate capital gains and sometimes rebates.  They are very different, and you are not helping educate the newbies you have successfully drawn to your site by conflating the two.

You can clearly write your acerbic attacks that the bulk of your readers seem to love, without resorting to throwing out terms so haphazardly.

Mon, 08/31/2009 - 13:30 | Link to Comment Tyler Durden
Tyler Durden's picture

Our readers appreciate every perspective on the matter. Even yours.

Mon, 08/31/2009 - 13:30 | Link to Comment somethingisrotten
somethingisrotten's picture

HE'S BAAAACCCKKKKK.  Post one article attacking the GS crooks and, like magic this scumbag shows up.

Mon, 08/31/2009 - 13:34 | Link to Comment ghostfaceinvestah
ghostfaceinvestah's picture

"1% on a transaction.  Let's say the average retail "investor" buys 100 shares at $13.85.  Take off .1%, and you have added $0.014 per share (presumably on both the buy and subsequent sell), and a wider spread paid on both sides....  This is a tax that noone would profit from."

 

Name ANY tax that someone profits from.  Other than the USG, of course.

Mon, 08/31/2009 - 13:22 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:24 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:32 | Link to Comment somethingisrotten
somethingisrotten's picture

Your's kidding, right ??????

Mon, 08/31/2009 - 13:54 | Link to Comment Anonymous
Mon, 08/31/2009 - 14:21 | Link to Comment Anonymous
Mon, 08/31/2009 - 15:18 | Link to Comment Anonymous
Mon, 08/31/2009 - 16:16 | Link to Comment Anonymous
Mon, 08/31/2009 - 16:18 | Link to Comment Anonymous
Mon, 08/31/2009 - 17:44 | Link to Comment Anonymous
Tue, 09/01/2009 - 21:37 | Link to Comment Anonymous
Mon, 08/31/2009 - 23:05 | Link to Comment Anonymous
Mon, 08/31/2009 - 14:21 | Link to Comment somethingisrotten
somethingisrotten's picture

Methinks you SHOULD get a real job.  You are not investing - you are gambling/gaming.

Mon, 08/31/2009 - 14:32 | Link to Comment Anonymous
Mon, 08/31/2009 - 16:00 | Link to Comment USolad
USolad's picture

If anything, it's probably a wash since at least half the people know the current system is fucked up and needs to be changed somehow.

good articles; good articles 4 slow news day ..http://www..
hat tip: finance news & finance opinions

Mon, 08/31/2009 - 20:57 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:40 | Link to Comment curbyourrisk
curbyourrisk's picture

You add what to economy?

 

I seriously do not feel for you.

Mon, 08/31/2009 - 16:14 | Link to Comment walküre
walküre's picture

That's a narrow minded point of view.

The trader takes risk, invests his own capital (supposedly) and makes money on a good day and looses money on a bad day. His risk, his money.

Look at his gain from the same perspective as any retailer which slaps a huge markup on garbage made in China for example.

Who or what is adding to the economy anymore?

People do what works for them and if they can live of that, good for them. As long as it's legal and nobody gets hurt, where's the harm?

AFL CIO is a union thug. He's not looking out for anyone else but another union thug.

I said before that this debate against Goldman and other banks, the vilification of Wall Street in general may have a completely different motivation and one day we may find ourselves wondering what happened and reminiscing of the good days when Goldman made money on the market and paid their employees well and paid taxes.

That day is when the exchange is closed for good because union thugs have taken over the country. Animal farm is already unfolding in this country with Obama as the pig Napoleon.

Mon, 08/31/2009 - 16:15 | Link to Comment walküre
walküre's picture

That's a narrow minded point of view.

The trader takes risk, invests his own capital (supposedly) and makes money on a good day and looses money on a bad day. His risk, his money.

Look at his gain from the same perspective as any retailer which slaps a huge markup on garbage made in China for example.

Who or what is adding to the economy anymore?

People do what works for them and if they can live of that, good for them. As long as it's legal and nobody gets hurt, where's the harm?

AFL CIO is a union thug. He's not looking out for anyone else but another union thug.

I said before that this debate against Goldman and other banks, the vilification of Wall Street in general may have a completely different motivation and one day we may find ourselves wondering what happened and reminiscing of the good days when Goldman made money on the market and paid their employees well and paid taxes.

That day is when the exchange is closed for good because union thugs have taken over the country. Animal farm is already unfolding in this country with Obama as the pig Napoleon.

Mon, 08/31/2009 - 22:58 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:42 | Link to Comment Veteran
Veteran's picture

Dig a ditch

Mon, 08/31/2009 - 13:45 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:45 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:26 | Link to Comment Sqworl
Sqworl's picture

I guess this is the chaser to the appointment of a labor guy to head the NYFED...let's keep our eyes and ears open to see where else in the scheme of corruption they place Union bagmen!

Mon, 08/31/2009 - 13:27 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:39 | Link to Comment Sqworl
Mon, 08/31/2009 - 13:29 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:33 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:34 | Link to Comment Ruth
Ruth's picture

considering it's somewhat 'speading the wealth', actually unless this tax has a specific designated purpose built into the bill, yes Ty, it's just padding their pockets, great job!  (do they really think they can pick pocket their friends without paying them back with interest?)  ah, the web we weave for the sake of chaos and corruption

Mon, 08/31/2009 - 13:35 | Link to Comment Anonymous
Mon, 08/31/2009 - 14:01 | Link to Comment KidDynamite
KidDynamite's picture

I find it surprising that you could call any policy that resorts to attempting to crack down on success by taxing it "bringing back real capitalism."   It's the OPPOSITE of real capitalism.

Mon, 08/31/2009 - 14:09 | Link to Comment Anonymous
Mon, 08/31/2009 - 14:15 | Link to Comment KidDynamite
KidDynamite's picture

fair enough - and your second to last sentence is dead on. Enforce the existing regulations

Mon, 08/31/2009 - 16:00 | Link to Comment USolad
USolad's picture

GSE to be delisted and privatized soon. FSW are getting a swap deal....the rest take your chances.

good articles; good articles 4 slow news day ..http://www..
hat tip: finance news & finance opinions

Mon, 08/31/2009 - 13:36 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:46 | Link to Comment somethingisrotten
somethingisrotten's picture

Face it - HFT traders are leeches!  They are sucking the blood from real investors and the US economy.

Mon, 08/31/2009 - 14:31 | Link to Comment Sqworl
Sqworl's picture

Just like congress..steal, tax and spend!

Mon, 08/31/2009 - 13:37 | Link to Comment thegreatsatan
thegreatsatan's picture

“This would discourage numerous financial transactions. People flip their assets several times in an hour or a day. They make money but does it really add to the productive base of the United States?”

this is rich coming from the people who created Job Pools which pay people to sit in a room doing nothing

Mon, 08/31/2009 - 13:37 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:43 | Link to Comment somethingisrotten
somethingisrotten's picture

Is the trading this summer what you mean by "free markets".  Put down the stuff you're smoking and join the real world.

Mon, 08/31/2009 - 22:22 | Link to Comment Anonymous
Tue, 09/01/2009 - 21:45 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:43 | Link to Comment Rari Nantes In ...
Rari Nantes In Gurgite Vasto's picture

As long as the expected return of a trading strategy is above the proposed tax X 2 (assuming a levy on both side of a trade), rational operators will continue to trade, but will take home just a smaller percentage of return on capital. Its diffcult to estimate the loss of revenues from corporation taxes at this stage, but you could argue anyway that if the money raised trough the new tax is then spent on public projects, tax will be collected down the line (ie salaries paid to workers and possibly increased consumptions of goods and services). If this means that you are pushing out of the markets strategies with an expected return of 0.2%, then so be it. Does anyone really think that a strategy worth at most 0.2% is a good strategy? will liquidity dry up? nope. will retail investors stop investing because of that? nope. will the bonuses at GS, or for this matter anywhere else where those strategies are implemented, be slightly less generous? perhaps but I doubt I will start a charity fund to support the needs of the new impoverished traders!   

Mon, 08/31/2009 - 14:04 | Link to Comment KidDynamite
KidDynamite's picture

if you could make .2% on every trade you did, and you did a crapload of them, you'd be rich. don't confuse .2% per trade with a .2% annual return.

Mon, 08/31/2009 - 14:59 | Link to Comment Rari Nantes In ...
Rari Nantes In Gurgite Vasto's picture

no confusion here dear KD! the rationale is that every trade is one item, so you need to consider all the costs involved, including tax, execution, clearing etc. So I stick with my point if you add 0.2% in your costs and your trade is no longer profitable, maybe you should not execute that trade. wheterer you then wish to look at the effect of this 0.2 on an aggregate base is another matter and still will not invalidate my point. 

Tue, 09/01/2009 - 21:50 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:41 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:42 | Link to Comment D.O.D.
D.O.D.'s picture

*blind applause*

Mon, 08/31/2009 - 13:42 | Link to Comment Anonymous
Mon, 08/31/2009 - 13:43 | Link to Comment Anonymous
Mon, 08/31/2009 - 14:01 | Link to Comment Miles Kendig
Miles Kendig's picture

Since when has the process of making money had anything to do with the productive capacity of a nation?  This concept has been conflated with the idea that managed markets perfectly allocate capital.

Mon, 08/31/2009 - 14:05 | Link to Comment Anonymous
Mon, 08/31/2009 - 14:23 | Link to Comment Anonymous
Mon, 08/31/2009 - 14:26 | Link to Comment Anonymous
Mon, 08/31/2009 - 14:33 | Link to Comment Anonymous
Mon, 08/31/2009 - 14:40 | Link to Comment Anonymous
Mon, 08/31/2009 - 15:10 | Link to Comment FoolMeTwice
FoolMeTwice's picture

Tax the dark pool. If you want to hide your transcation, pay a tax for it. Don't like the tax, make your transcations public.

Mon, 08/31/2009 - 16:38 | Link to Comment Anonymous
Mon, 08/31/2009 - 16:00 | Link to Comment USolad
USolad's picture

The deregulation-by centralization ploy; failure to reform the economy will lead to debt peonage.

good articles; good articles 4 slow news day ..http://www..
hat tip: finance news & finance opinions

Mon, 08/31/2009 - 15:37 | Link to Comment vuepath
vuepath's picture

You guys really think GS would pay this tax if it gets passed?  LMAO!  You know that "liquidity providers" would be exempt, probably along with market makers in general.

On the surface, it has great populist appeal, but in reality it will once again be the little guys getting screwed.

 

Mon, 08/31/2009 - 15:48 | Link to Comment Anonymous
Mon, 08/31/2009 - 15:57 | Link to Comment Anonymous
Mon, 08/31/2009 - 16:04 | Link to Comment Printfaster
Printfaster's picture

I think a transaction tax was one of the major causes of the American revolution.

Stamp Act II?

 

Mon, 08/31/2009 - 16:11 | Link to Comment Anonymous
Mon, 08/31/2009 - 16:21 | Link to Comment Anonymous
Mon, 08/31/2009 - 21:29 | Link to Comment Anonymous
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Mon, 08/31/2009 - 16:33 | Link to Comment Anonymous
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Mon, 08/31/2009 - 17:19 | Link to Comment Anonymous
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Mon, 08/31/2009 - 21:41 | Link to Comment Anonymous
Mon, 08/31/2009 - 17:43 | Link to Comment Ned Zeppelin
Ned Zeppelin's picture

A small trader, such as the gentlemen above who trades for his own account, could easily be carved out of the tax, as exempt for "small" or "de minimis" trading activities. The language would be a treat to draft, but it could be done. Pick a line and tax those above it, it is done every day.

Mon, 08/31/2009 - 18:06 | Link to Comment Anonymous
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