What IRS data shows about how far Trump pushed tax rules in 1995

Before you go, we thought you'd like these...
Before you go close icon

The U.S. tax code has long given entrepreneurs a break for taking risks and losing money.

But, in 1995, GOP presidential candidate Donald Trump apparently took that idea to an entirely new level.

On Sunday, The New York Times reported that Trump converted nearly a billion dollars in business losses — from failed ventures in casinos, real estate and a now-defunct regional airline — to win a free pass with the IRS with the potential to shield as much as 18 years of his personal income from taxes.

The newspaper said it anonymously received the first pages of Trump's 1995 state income tax filings in New York, New Jersey and Connecticut. The filings, confirmed as authentic by the accountant who prepared them, show a net loss of $915,729,293 in federal taxable income for the year.

RELATED: See social reactions to the tax return leak

13 PHOTOS
Donald Trump's Tax controversy social reactions
See Gallery
Donald Trump's Tax controversy social reactions
I know our complex tax laws better than anyone who has ever run for president and am the only one who can fix them. #failing@nytimes
Trump has already said how he'll use his "genius" to overhaul tax code: huge cuts for super wealthy, most of all himself. Always for himself
@realDonaldTrump you're the most exploitative of our tax code and least moralistic of any candidate for President. I'll give you that.
Donald Trump built numerous squandered businesses on the backs of taxpayers—and he hasn't even paid his fair share. https://t.co/z0VopqoiCy
Whoever leaked the tax returns really respected the idea of the October surprise #TrumpTaxReturns #trumptaxes
You have to be one terrible businessman to lose $915,729,293 running A CASINO. #TrumpTaxes #NeverTrump
#LastTimeTrumpPaidTaxes Dems were doing this, as they likely are again tonight. Man, how I love an October surprise. https://t.co/HNvo4TBASP
#LastTimeTrumpPaidTaxes Backstreet hadn't come back, alright.
#LastTimeTrumpPaidTaxes Pluto was still a planet.
#LastTimeTrumpPaidTaxes I got fined for not rewinding my VCR tapes from Blockbuster https://t.co/cgi8BiCf71
Worth pointing out that $916 million in 1995 is equivalent to $1.4 billion today #LastTimeTrumpPaidTaxes
#LastTimeTrumpPaidTaxes I was dialing into AOL at 3AM to check my Instant Messages
HIDE CAPTION
SHOW CAPTION
of
SEE ALL
BACK TO SLIDE

Millions of Americans over the years have applied business losses to offset personal income. The provision is intended to encourage people to start new businesses or expand existing ventures by investing in new equipment or hiring more workers.

Related: Christie, Giuliani: Trump's Manipulation of Tax Law Shows 'Genius'

But like many of his personal, professional and political claims, the size of Trump's 1995 claim of net operating losses was off the charts.

A CNBC review of IRS tax return data found that in 1995 claims of net operating losses averaged about $98,000 per return. At $916 million, Trump's net operating loss in 1995 was more than 9,000 times the average amount claimed that year.

Credit: CNBC

The documents obtained by The New York Times, which included only bare summaries of a single year of Trump's tax filings, shed little light on the candidate's financial holdings and business relationships.

But they sparked renewed political sparring over Trump's steadfast refusal to release a complete accounting of his tax filings. He is the first candidate since 1972 to withhold them.

The disclosure of Trump's taxes also renewed widespread criticism of the tax code for favoring wealthy individuals at the expense of middle class households.

Democratic rival Hillary Clinton's camp was quick to seize on the issue Sunday.

RELATED: See who in the business world is for Trump

10 PHOTOS
Business leaders who endorse Donald Trump
See Gallery
Business leaders who endorse Donald Trump

Steve Forbes, Chairman and Editor-in-Chief of Forbes 

Photo: Reuters

Peter Thiel, Venture Capitalist, co-founder of PayPal

Photo: Reuters

Kenneth Langone, co-founder of The Home Depot

Photo: Getty

Bernard 'Bernie' Marcus, co-founder and former chairman of Home Depot 

Photo: Getty

Pete Coors, Chairman of MillerCoors

Photo: Getty

Linda McMahon, formerly CEO of World Wrestling Entertainment

Photo: Getty

Brian France, Chairman and CEO of NASCAR

Photo: Reuters

Herman Cain, American author and business executive

Photo: Reuters

Carly Fiorina, former CEO of Hewlett-Packard
HIDE CAPTION
SHOW CAPTION
of
SEE ALL
BACK TO SLIDE

"We talk about the rigged system out there," Clinton campaign manager Robby Mook told NBC News on "Meet the Press." "Donald Trump embodies that."

But Trump countered that the massive tax break is evidence that his familiarity with the intricacies of the tax code make him best qualified to reform it.

Trump is hardly alone in claiming businesses losses to offset taxes owed on personal income. In 1995, according to IRS data, net operating losses showed up on 505,000 individual tax returns — for a total of $49.3 billion in losses for all taxpayers who claimed the loss.

But the IRS data also shows that Trump's claim is orders of magnitude larger than most business owners.

The average claim for individuals who had net operating losses was about $98,000. For those who ended up with adjusted gross income of $1 million or more, the average net operating loss was $615,000 — or about seven-one hundredths of 1 percent of Trump's claim.

To put that in perspective, if Trump's 1995 tax loss claim extended the length of a football field, the average taxpayer's claim for that loss category measured less than an inch.

Related: Donald Trump's Taxes: What We Know and What We Don't

Trump maintained in last Monday's first presidential debate that failing to pay income taxes "makes me smart." On Sunday, Trump adviser Rudy Giuliani told "Meet the Press" that the Republican candidate was a "genius" if he avoided federal income taxes.

But Democrats, including Vice President Joe Biden, blasted Trump for shifting his tax burden on households further down the income ladder with less disposable income.

"What does that make the rest of us, suckers?" he said Thursday on "The Tonight Show with Jimmy Fallon."

Read Full Story

Sign up for Breaking News by AOL to get the latest breaking news alerts and updates delivered straight to your inbox.

Subscribe to our other newsletters

Emails may offer personalized content or ads. Learn more. You may unsubscribe any time.

From Our Partners