> Mr. Pearl noted that people with only a couple of million can use “securities-based loans,” borrowing low-cost funds from banks using the value of a given investment portfolio as collateral. “You just loan yourself money,” he explained, and in many if not most cases, the portfolio’s rate of return exceeds the rate of interest on the loan.
It seems like a step is missing here. Wouldn’t the borrower have to sell part of the portfolio to pay the interest on the loan? And wouldn’t that trigger capital gains?
But if you liquidate the loan payment every month, but the portfolio grows greater than the loan interest you are “making money” (not really until you actually covert to $)
If you liquidated the full loan amount up front, you get all of the tax now, and you lose leverage
Edit:
Let’s make an example. You have a 10MM portfolio.
You wanna buy a thing for a million dollars.
You sell like 1.3MM to cover tax.
Or you get a 10 year loan for 1MM with your 10MM portfolio.
Interest on the loan is 7%.
If your portfolio averages greater return over the life of the loan, you “make money”.
Right, that’s how I imagined it. But that’s not avoiding taxes so much as delaying taxes. Taxes are still paid but just slowly as you liquidate only enough to pay payment and pay taxes.
Gaining in value isn’t an issue with avoiding taxes and, I suppose, eventually will result in more taxes being paid.
Right, but to my understanding there are related games that are played with trusts for example such that the loan passes onto the next generation too.
To make matters worse, theres a concept called "step up in basis" such that if structured correctly, the inheritors can pretend the cost basis of their portfolio is the current market value. So the parents shield the gains from taxes in life, pass on the portfolio, and the kids reset the tax obligation to zero.
"The concept of step-up in basis is actually quite simple. A trust or estate and its beneficiaries, or payable on death beneficiaries, get a step-up in basis to fair market value of the asset so received. That value is stepped up to the fair market value of the asset as of the date of death of the Decedent. This is true even if the beneficiary of the asset so transferred is a spouse of the Decedent."
https://www.axley.com/publication_article/step-up-in-basis/
Not an expert, but having heard of it before & doing some research.. I'm sure there are more details, but if mere mortals like me understand it, I am sure the tax lawyers have even more esoteric methods now.
Step up basis is insane as a policy choice. It basically means that we just don’t tax the primary means of income used by wealthy people AT ALL.
If a company pays you you have to pay taxes on it. Unless the company pays you by inflating the value of stock in that company, in which case you just… don’t.
Yeah. I think a lot of the non-founder, high-pay FAANG crowd is in the funny spot where we are all paid super well, pay a lot of taxes, but if we were richer.. we'd actually pay a lot less taxes.
Being paid salary by employers, we can't structure our compensation to the most tax efficient forms.
The guys (almost always guys) at the top structure their pay to forms like stock or pass-thru or carried-interest, or whatever tax arb of the decade. Then they carry it forward, use trusts, borrow against stocks, and then hand it off to their kids when they die w/o tax.
They probably own enough houses, and have control of their schedule that they can stay out of CA/NY for 183 nights/year and avoid high state income tax too (while mandating RTO to high tax city/states for the rest of us).
Kind of a millionaires vs billionaires (or even decamillionaires) thing.
yeah I make similar as FAANG employees but in a mixture of businesses and capital gains, deducted by retirement contributions (doing your own employer match is a super power! 3x higher contribution limit), QBI, illiquid asset based donations to donor advised funds and deducting the expenses to generate income
my tax is basically 0 every year, down from closer to 52% marginal in California (effective 40%)
if I was doing the same with W-2 income there would be almost nothing I could do
No it’s insane. Like any tax it could be made progressive, make the tax lower or nonexistent for smaller amounts of money.
But stepping up the basis is insane and indefensible. It’s a heads I win tails you lose approach.
Basically you’re saying oh we know there are capital gains here but they are not realized so it’s not time to tax them yet and then the person dies they say just kidding those capital gains never happened.
It’s nonsense. Tax them at whatever rate makes sense if you want but don’t make a complete mockery of the concept of basis.
My simple tax take is that we should just treat all income streams as regular income, and have whatever progressive rate on that income and be done with it.
By creating different classifications of income and constantly tweaking the rules, we setup entire tax evasion industries catering to those who have control of their income streams & money to pay advisors.
There's lots of BS that estate tax exemptions are there to protect small farmers, but they constitute something like 0.002% of estate tax payers.
I agree. But if we had a simple system people would be able to tell whether or not they get adequate value for their money. Obtuse and opaque are a defense against fair or just, take your pick.
I think people at the top miss that they get, in some sense, some of the most value for money from a modern functional society.
In the absence of a government monopoly on violence and functional government services, a highly paid business exec will need to live their life more like a mafioso or warlord. There's places in latin America where even what Americans would call "upper middle class" people need to hire security and worry about kidnapping and extortion plots.
Add to that things like rule of law, so that the government strongman can't suddenly declare your business anti-patriotic / illegal (China) & take your cash / put you in jail.
Then you have things like - copyright, trademark, etc systems that allow you & I to develop ideas as IP and the government allows us to protect it in court so that we can reap the benefits.
So no, I don't think "tax is theft" and that we should live in some Mad Max world.
People who denigrate high trust society & rule of law do not understand how messed up living in low trust societies is.
Nor am I thoroughly impressed with the idea that we need a permanent overclass who is able to pass wealth down untaxed across generations, especially given all the trust fund underachievers I've met in my life in NYC.
Yes if you think we shouldn’t tax people and not have an healthy modern society with government services and let wealth pile up for tens of generations completely unmolested then you’re right.
No, because you’re gaining interest on your unpaid taxes.
Suppose you have exactly 1 million and must pay 1 million in taxes on year 0. That means you’re left with 0$.
Now suppose you can defer exactly 1 year, so you owe 1 million + taxes on your interest in year 1. Taxes on that interest are < 100% so you now have > 0$. That’s equivalent to lowering your tax bill even if nominally you eventually pay more.
But what happens if you can avoid paying taxes for say 10 years or 100? Delay long enough and for all practical purposes the actual tax disappears.
But this is just a function of leverage and isn’t unique to tax deferment. This seems more of a complaint about rich people than rich not paying taxes.
With 7% interest you end up paying the same tax as initial liquidation in 10 years so it’s not perpetual. And you eventually pay tax on the gains so even though you made money, the government eventually gets their money and ends up with a larger total.
But isn’t the inheritance tax (for everything over $12 mil until 2026) even larger than the capital gains tax? And it applies to the whole value, not only the increase in value.
There are some games that can be played with various types of trusts - irrevocable trusts, irrevocable life insurance trusts, grantor retained annuity trusts and other things I believe.
Another aspect of this arrangement: you don't pay federal income tax on money you receive as a loan in the US. The money does not count as income because of the matching obligation to pay it back.
It seems like a step is missing here. Wouldn’t the borrower have to sell part of the portfolio to pay the interest on the loan? And wouldn’t that trigger capital gains?