Tax Excessive CEO Pay Act: CEO-Worker Pay Ratio Controversy (2024)

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CEO Compensation: An Issue of Fairness or Evidence of a Functioning Free Market?

February 10, 2023 by Nick Paskoski

Tax Excessive CEO Pay Act: CEO-Worker Pay Ratio Controversy (1)

There is currently a bill in Congress, S.794 – Tax Excessive CEO Pay Act of 2021, that would increase taxes on companies on the basis of their CEO-to-worker compensation ratio. The legislation, introduced by Senator Bernie Sanders (I-Vt.) and cosponsored by a host of Democrats including Senator Elizabeth Warren (D-Mass.), has progressed to the Senate Committee on Finance but faces an extremely polarized Congress.

In the proposal, a ratio is ascribed to a company by dividing the CEO’s compensation by that of the median employee.1 The tax hike proposed in the Tax Excessive CEO Pay Act is gradually increased in proportion to the ratio, starting with a 0.5 percentage point increase for companies that pay their chief executive between 50 to 100 times more than their median worker. The highest tax applied is a five percentage point increase for corporations in which the CEO makes more than 500 times the typical employee. These percentage points would be added to the current corporate income tax rate of 21 percent.1

Compensation ratios vary greatly depending on specific organizations. Coca-Cola’s ratio, for example, is on the high end of the spectrum at 1,621 to 1.2. Of the top 1,000 firms, around 80 percent would be subject to higher taxes because of pay disparity.2 However, compensation can sometimes be difficult to calculate, with many CEOs receiving stock options and other forms of payment. Using data from the top 350 firms, the Economic Policy Institute (EPI) found the CEO-to-worker pay ratio to be 399 to 1 in 2021.3 This is an increase from 20 to 1 in 1965 and 58 to 1 in 1989.4 Some scholars credit this trend as contributing to growing wealth inequality in the United States. The EPI study found that from 1978 to 2019, CEO compensation expanded by 940 percent while median worker compensation grew by only 12 percent.3 The nearby chart illustrates the incongruent growth.

Tax Excessive CEO Pay Act: CEO-Worker Pay Ratio Controversy (2)

Arguments for the Tax Excessive CEO Pay Act

Arguing in support of the legislation, Senator Warren said, “We need to take dramatic steps to address wealth inequality in this country and discouraging massive executive payouts is a good place to start.”She added, “Corporate executives have padded their pockets while American workers, who helped generate record corporate profits, have hardly seen their wages budge.” Senator Sanders also views the current CEO-worker dynamic as inequitable and believes it is time for corporations to “pay their fair share.”5

Others argue that even if the tax does not incentivize companies to lessen the gap between CEO and worker compensation, the tax could still generate revenue that could be reinvested. A similar, but less extensive, tax in Portland, Oregon, generated $5.2 million in 2019. On a federal scale, the revenue could be used to tackle any number of issues facing America.

Arguments Against the Tax Excessive CEO Pay Act

Opponents argue that in cities like Portland that have experimented with similar taxes, the policy has not led to a dramatic lessening of CEO compensation.6 In fact, detractors insist that instead of reducing CEO pay, the policy would lead corporations to pass this new tax burden onto workers (in the form of lower wages) and consumers (in the form of higher prices).7 This ultimately hurts lower-income individuals the most.8 Others argue that the Tax Excessive CEO Pay Act would disproportionately harm specific sectors of the economy. Industries such as retail and fast food tend to rely on lower-skilled labor and could be affected more than specialized industries. Opponents worry that this disproportionate targeting could disrupt the fair and normal functioning of the economy and the global competitiveness of U.S. companies.

Discussion Questions

  1. Is wealth inequality an important issue for Congress to act on? Is it an important issue in your community?
  2. Is CEO-to-worker compensation in the United States a national issue the federal government should be involved in? Why or why not?
  3. Is the proposed legislation an effective method for reducing the disparities in CEO-to-worker compensation? Would you propose a different approach?
  4. What economic effects might the legislation produce?

Related Posts

Addressing Economic Inequality: Elizabeth Warren’s Wealth Tax Proposal

As always, we encourage you to join the discussion with your comments or questions below.

Sources

Featured Image Credit: Jose Luis Magana/AP
[1] https://www.congress.gov/bill/117th-congress/senate-bill/794/text?r=74
[2] https://www.bloomberg.com/graphics/ceo-pay-ratio/index.html
[3] https://www.epi.org/publication/ceo-pay-in-2021/
[4] https://www.thestand.org/2022/10/ceo-to-worker-pay-ratio-hits-all-time-high/
[5] https://www.sanders.senate.gov/press-releases/news-sanders-and-colleagues-introduce-legislation-to-combat-corporate-greed-and-end-outrageous-ceo-pay/
[6] https://www.oregonlive.com/business/2022/08/ceo-pay-keeps-soaring-defying-congress-and-local-taxes-see-which-executives-top-the-list-in-oregon.html#:~:text=Outsize%20pay%20packages%20remained%20abundant,package%20valued%20at%20%24179%20million.
[7] https://taxfoundation.org/bernie-sanders-ceo-pay-tax/
[8] https://www.forbes.com/sites/johngoodman/2021/04/02/who-pays-the-corporate-income-tax/?sh=e195dac58abe

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Tax Excessive CEO Pay Act: CEO-Worker Pay Ratio Controversy (2024)

FAQs

What is the tax excessive CEO pay act? ›

Introduced in Senate (01/18/2024) This bill increases the current 21% income tax rate of corporations whose ratio of compensation of their principal executive officers or other highest compensated employees to median worker compensation is more than 50 to 1, in which case the increase is 0.5%.

How to calculate excessive CEO pay ratio? ›

How would the CEO-worker pay ratio be calculated? calculations all salary, bonuses, the estimated value of stock and stock option awards, changes in pension value, and perks. Under the proposed legislation, if the CEO is not the highest-paid, the numerator would be based on the highest-paid employee's compensation.

What is the ratio of CEO pay to the average worker? ›

In 2022, it was estimated that the CEO-to-worker compensation ratio was 344.3 in the United States. This indicates that, on average, CEOs received more than 344 times the annual average salary of production and nonsupervisory workers in the key industry of their firm.

What is the CEO pay ratio rule? ›

The pay ratio disclosure rule is contained in new paragraph (u) of Item 402 of Regulation S-K. It requires public companies to disclose: The median of the annual total compensation of all employees other than the chief executive officer. The annual total pay of the chief executive of- ficer.

What are the biggest tax mistakes business owners make? ›

Here are a few mistakes small business owners should avoid:
  • Underpaying estimated taxes. ...
  • Depositing employment taxes. ...
  • Filing late. ...
  • Not separating business and personal expenses. ...
  • More information:
Jan 8, 2024

Are US CEOs overpaid? ›

The typical American would limit CEO pay to no more than six times that of the average worker. This figure is significantly below current pay multiples, which are approximately 210 times the average worker's pay, based on Equilar's compensation figures.

What is a fair CEO pay ratio? ›

The average CEO-to-worker pay ratio was 268-to-1 for S&P 500 Index companies in 2023. It would take more than five career lifetimes for workers to earn what CEOs receive in just one year.

Is the US executive pay model flawed? ›

Critics of U.S. executive pay practices have raised four major concerns: (1) executive pay is too high; (2) CEO contracts do not provide strong enough incentives to increase value (i.e., there is too little pay-for-performance); (3) options and other equity-based pay provide windfalls, large payoffs that reflect good ...

Why are American CEOs paid so much? ›

Since the 1970s, economic policies, corporate governance and performance-based incentives have driven increases in CEO pay. This rise stems from factors like firm size, industry dynamics and corporate governance, along with recent ESG trends and pandemic responses.

What is McDonald's CEO salary? ›

| Photo courtesy of McDonald's. Chris Kempczinski got a raise before he got a new title. The CEO and now chairman of McDonald's was paid $19.2 million last year in salary, bonuses and stock, according to federal securities filings. That was an 8% increase over 2022.

Who is the richest CEO in the world? ›

Elon Musk. Elon Musk, the controversial Tesla boss keeps bumping in and out of the No. 1 spot of richest CEO. His acquisition of Twitter (now called X) dropped his net worth somewhat, but as of March 10, 2023, he was back in that slot, according to Forbes.

How much does a CEO of a $50 million company make? ›

The median CEO total direct compensation across the entire survey population is $425,000. However, for companies with revenue under $50 million (Cousins Incorporated's size), the median total direct compensation is $280,000.

What is the excessive CEO pay act? ›

The Tax Excessive CEO Pay Act gives corporations an incentive to narrow these extreme divides by lifting up the bottom and bringing down the top of their pay scale. Under the bill, companies with huge gaps between their CEO and median worker pay would face higher federal corporate tax rates.

How do we calculate the CEO ratio? ›

The CEO pay ratio compares the overall compensation of the CEO to that of the typical employee. The CEO pay ratio is computed by dividing the CEO's remuneration by the median employee's remuneration.

Where can I find CEO pay ratio? ›

Pay ratio between CEO pay and median employee pay are displayed as disclosed by each company's proxy statement. The CEO pay ratio may not equal the displayed CEO's total compensation due to differing company methodologies in calculating pay ratios.

What is excessive taxes? ›

An excess profits tax is an extra tax levied on business profits or income above a specified rate of profit. Companies or self-employed individuals who earn above the specified level have to pay an additional tax on that income.

What is the law on executive compensation tax? ›

162(m) now strictly limits public companies' tax deduction for compensation of covered executives to $1 million per individual. Further, Congress expanded the number of executives covered by Sec. 162(m), in 2017, with a subsequent expansion set to take effect in 2027. Even without considering the influence of Sec.

What is the Billionaire Minimum tax Act? ›

Introduced in House (11/29/2023) This bill imposes a minimum tax on individual taxpayers whose net worth for the taxable year exceeds $100 million. The tax is equal to 25% of the sum of a taxpayer's taxable income, plus net unrealized gains for the taxable year.

Do CEO bonuses get taxed? ›

Cash bonuses and the ordinary income portion of equity income will be included in W-2 federal wage income and subject to tax withholding. For restricted shares, shares are withheld at vest to cover taxes. For nonqualified options, shares are withheld at exercise.

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