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Re:The ETF Tax Dodge by skybrian on Sunday March 31, 2019 @02:19PM (#19537194)
I'm not seeing why this is paying tax on the same thing twice? You'd have a new cost basis, so you'd only pay again if it went up even more. Even if it's on the same property, that's a separate gain and this is effectively dividing a single large gain into two smaller gains, one of which happens earlier.

It seems like the question here is how long you can delay taxes on a capital gain. It doesn't seem particularly unfair if you can't always delay capital gains tax as long as you like?

Re:The ETF Tax Dodge by sokoloff on Sunday March 31, 2019 @02:52PM (#19537470)
My example conflates (or does not clearly distinguish between) partnerships (taxed as passthrough) and companies (taxed twice possibly). In the place I referenced taxed twice (only possible as a company), assume the federal rate on everything is 40% [to make the math forum-calculation-friendly].

Company starts with $200K, held 50:50 by two shareholders, losslessly buys two house for that, those go to $300K, company losslessly sells one of them for $150K, company pays $20K tax on $50K gain, and then owns a $150K house and $130K in cash. Shareholder B sells their 50% share in the company to shareholder A for $140K cash, realizing a $40K capital gain on their original shares investment [incurring $16K in taxes on the gain in their shares]. Shareholder A now owns all the shares with a basis of $240K for a company value of $280K.

I argue that Shareholder B’s economic interest in a single gain has been taxed twice.