D.C. Attorney General Karl Racine on Wednesday sued billionaire business owner Michael J. Saylor for allegedly avoiding paying some $25 million in D.C. income taxes even though he resides in the city.
In the lawsuit filed in D.C. Superior Court, Racine alleges that Saylor, the founder and CEO of Virginia-based business intelligence firm MicroStrategy and a recent Bitcoin convert, has lived in a Georgetown penthouse, aboard yachts anchored at the Washington Harbour, or in an Adams Morgan condo since at least 2005, but has not filed any local income tax returns.
“Instead,” reads the lawsuit, “Defendant Saylor fraudulently purported to be a resident of either Virginia or Florida, jurisdictions that have materially lower income tax rates.”
The lawsuit also alleges that Saylor took administrative steps — like buying property, getting a driver’s license, and registering to vote in Florida, even though he resided in D.C., and that MicroStrategy officials were aware of his circumstances and helped him claim that he lived in Florida instead.
“This was no mere clerical error. Defendant MicroStrategy knowingly reported false information on federal tax forms and failed to withhold District taxes in furtherance of an unlawful agreement to assist its then-Chief Executive Officer, Defendant Saylor, in his fraudulent scheme to avoid his obligation to pay District income taxes, all for Saylor’s personal benefit,” says the lawsuit.
Florida levies no personal income tax, while D.C. charges $91,525 on the first million dollars someone makes and 10.75% for anything above that. Last year the D.C. Council raised income taxes on residents making more than $250,000 a year, with the additional revenue set aside for homeless services, pay increases for child care workers, and tax relief for low-income households.
The legal action is being brought under new powers granted by the council last year that expanded an existing law prohibiting false claims to the government to include tax cases. The law also allows Racine to seek damages amounting to three times the value of the taxes owed. In Saylor’s case, that could reach $75 million.
Racine’s lawsuit builds upon a similar one brought by whistleblowers earlier this year that was unsealed Wednesday. It also alleges Saylor pretended not to live in D.C. to avoid paying income taxes to the city, but that lawsuit focuses largely on 2013 and onwards, the years Saylor claimed Florida residency, saying that social media posts and other data prove he actually resided in D.C.
“From 2013 to 2020, regular Facebook posts by Saylor and his Facebook ‘friends’ who tagged Saylor in social media posts, combined with witness accounts from Saylor’s inner circle and FAA flight data documenting when MicroStrategy’s private jet returned Saylor to the District, establish that Saylor maintained his domicile during these years in the District, not Florida,” reads that lawsuit.
MicroStrategy did not immediately return a phone call requesting comment, and no legal representation has been listed for Saylor at this time.
Martin Austermuhle