Re:Who died and left the US $7B?
by mindslight on Thursday October 10, 2024 @01:21PM
(#41801069)
Furthermore, another example of using the loophole that doesn't even involve estate tax:
$10B worth of stock ($0 basis), take a $9B loan on it, then donate the encumbered stock to a charity that you don't even control. Now you've realized 90% of your gain, (more than if you were to have paid capital gains tax), plus you get a $1B deduction from the charitable contribution. When the charity sells the stock to pay off the loan, they also don't pay capital gains due to being tax exempt.
The charity thing is another loophole that needs reform (and doesn't even seem to be talked about), but you don't even really need a charity - get the net value much closer to zero, and gift it to arbitrary non-rich person(s), probably near the end of their life. They can liquidate stock, live off the money, and give away non-legible gifts before the tax bills start to catch up a year and a half later.
This topic is really about a hole in the capital gains tax, and it's unfortunate to see so many commenters focusing on the estate tax and ending stepped up basis (seemingly because that's the way the political winds are blowing), when most estate planning just sidesteps the estate tax. For example this original article is exceptional because most people with $7B in possible estate tax liability would head off that situation by the use of giving, trusts, and whatnot. If those people are still allowed to use this loan loophole to avoid capital gains while living, then you haven't really fixed the problem.
$10B worth of stock ($0 basis), take a $9B loan on it, then donate the encumbered stock to a charity that you don't even control. Now you've realized 90% of your gain, (more than if you were to have paid capital gains tax), plus you get a $1B deduction from the charitable contribution. When the charity sells the stock to pay off the loan, they also don't pay capital gains due to being tax exempt.
The charity thing is another loophole that needs reform (and doesn't even seem to be talked about), but you don't even really need a charity - get the net value much closer to zero, and gift it to arbitrary non-rich person(s), probably near the end of their life. They can liquidate stock, live off the money, and give away non-legible gifts before the tax bills start to catch up a year and a half later.
This topic is really about a hole in the capital gains tax, and it's unfortunate to see so many commenters focusing on the estate tax and ending stepped up basis (seemingly because that's the way the political winds are blowing), when most estate planning just sidesteps the estate tax. For example this original article is exceptional because most people with $7B in possible estate tax liability would head off that situation by the use of giving, trusts, and whatnot. If those people are still allowed to use this loan loophole to avoid capital gains while living, then you haven't really fixed the problem.