They used actual income... but not for the 3.4% figure that's in the headline. When using actual income (i.e. personal income and cap gains) to calculate tax rate, they ProPublica article said:
> Collectively, the top 400 paid an average tax rate of 22% from 2013 to 2018.
So... where did they get the 3.4% figure that's in the headline? By including unrealized cap gains:
> Then they pay very little in tax when it’s measured against their growing wealth. The top 25 wealthiest Americans got $401 billion richer from 2014 to 2018, but paid just $13.6 billion in federal income taxes, a “true tax rate,” as we called it, of 3.4%.
What's a "true tax rate?", you ask?
> To capture the financial reality of the richest Americans, ProPublica undertook an analysis that has never been done before. We compared how much in taxes the 25 richest Americans paid each year to how much Forbes estimated their wealth grew in that same time period. We’re going to call this their true tax rate.
In other words, ProPublica invented the term 'true tax rate' to represent a fake tax rate that treats unrealized cap gains as income. The Guardian then wrote a headline that conflates the fake tax rate with the real tax rate.
Whenever you find yourself believing something that's not true, be sure to take a hard look at the source who mislead you. You'll find that it was rarely by mistake.
But yeah "We’re going to call this their true tax rate" is amateur hour. Who even allowed this crap to be published?
This is false. It used to be less false, but now is mostly false.
In order to get any tax advantage from donations, you must itemize as all hyper rich do. Full stop. If you take the standard deduction as almost everyone else does (more than 90 %) then you get nothing for your charitable giving.
Note that when the hyper rich do give and get credit it is very often not to organizations that are very "charitable" at all. If you don't believe this to be true simply look up what a how "private foundations" and particularly "donor advised funds" work.
“As we showed last year, the richest avoid income when they can. Then they pay very little in tax when it’s measured against their growing wealth. The top 25 wealthiest Americans got $401 billion richer from 2014 to 2018, but paid just $13.6 billion in federal income taxes, a “true tax rate,” as we called it, of 3.4%.”
"Collectively, the top 400 paid an average tax rate of 22% from 2013 to 2018."
"The top 25 wealthiest Americans got $401 billion richer from 2014 to 2018, but paid just $13.6 billion in federal income taxes, a “true tax rate,” as we called it, of 3.4%"
It doesn't surprise me that billionaires pay substantially lower rates than long-term capital gains would imply they should.
Capital gains in the US are taxed at a maximum rate of 20%[0] for long term holdings, vs income tax rates, which can go up to 37%.
Donations are also something that anyone can use to lower their own taxes, it's line 40 of the 1040 form.
So one can easily change the title to claim that the super wealthy donate more, but I suspect that's not as much of an eye-grabber of a headline.
There may be something to be said about donating to your own non-profits, but that's not what this article is about.
[0] https://www.nerdwallet.com/article/taxes/capital-gains-tax-r...