“Asking a billionaire to pay at least as much [tax] as his secretary is plain common sense,” says President Obama. When Warren Buffett announced that his secretary paid a higher rate than he did, some people calculated that he must pay her at least $200,000 a year to put her in an (average) 19 percent tax bracket.
Yet the latest report is that Warren Buffett’s secretary pays 35.8 percent of her income in federal income taxes, and other people in his office pay as high as 41 percent. Buffett himself supposedly pays only 11 percent. As dramatic as this sounds, the problem with this story is that the marginal federal tax rate is 35 percent. In 2010, people only paid that rate on incomes over $373,650; the rate on all income up to that amount is lower. If a married person’s income is $400,000, for example, and they they take only the standard deductions, their tax rate is less than 27 percent.
In other words, you can’t have a tax rate of 35.8 percent, much less 41 percent. If Warren Buffett’s secretary is paying that much, she needs a new accountant.