Colin Kahl is the wrong choice to be chief Defense strategist. Tax Forgiveness for Loan Forgiveness
Y
ou almost have to admire how Demo-
crats have used the pandemic and bud-
get reconciliation to realize their pro-
gressive ambitions. Consider
a provision that Senate Demo-
crats snuck into the $1.9 tril-
lion spending bill teeing up as
much as $1.6 trillion in stu-
dent-loan forgiveness.
A Senate revision to the
original House bill exempts student loans dis-
charged through 2025 from federal income
taxes. The IRS treats most cancelled debt as
taxable income that must be reported in the
year the discharge occurs, and this is a major
obstacle to the left’s plans to issue blanket
loan forgiveness by executive decree.
President Biden last year promised to cancel
$10,000 per borrower. Senate Democrats are
urging him to forgive $50,000 apiece, and some
progressives want to cancel all $1.6 trillion in
outstanding federal student debt.
The President doesn’t have the legal author-
ity to do so on his own and, even if he did, mil-
lions of borrowers would be stuck with enor-
mous tax bills that in many cases would exceed
their annual loan payments. A starting lawyer
making $100,000 would owe about $12,000 in
taxes on $50,000 of cancelled debt.
Millions of borrowers enrolled in income-
based repayment plans that allow them to dis-
charge debt after making modest payments for
20 years will face this tax bomb—and most
don’t realize it. That’s because Democrats con-
veniently didn’t exempt cancelled student debt
from taxes when they created these plans in
2010 using budget reconcilia-
tion to pass ObamaCare and
take over student loans.
Exempting cancelled debt
from taxation would have in-
creased the budgetary cost and
made it harder to pass the bud-
get reconciliation test. Democrats also underes-
timated how many borrowers with huge loan
balances, especially those with graduate degrees,
would enroll in these plans and get slammed
with hefty tax bills years later.
The goal of the current Senate Democratic
gambit is to remove the immediate legal and
practical obstacles to blanket loan forgiveness
by President Biden. Discharging debt without
legislation would in the short term hurt bor-
rowers stuck with large tax bills. This concrete
injury might provide the legal standing for bor-
rowers to challenge Mr. Biden’s forgiveness as
an illegal use of executive power. But if Con-
gress waives taxes on discharged student debt,
no borrower can claim a concrete injury.
The House plans to vote on the Senate bill
as early as this week. Perhaps coming after
that: Tax-free debt forgiveness for grad stu-
dents, while those who didn’t attend college or
worked to pay off their loans get stuck with the
taxpayer bill. Democrats finally discover a tax
cut for the affluent that they like.