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BeckyDem

(8,361 posts)
Sat Oct 2, 2021, 03:54 PM Oct 2021

More Than Half of America's 100 Richest People Exploit Special Trusts to Avoid Estate Taxes

Secret IRS records show billionaires use trusts that let them pass fortunes to their heirs without paying estate tax. Will Congress end a tax shelter that has cost the Treasury untold billions?


by Jeff Ernsthausen, James Bandler, Justin Elliott and Patricia Callahan
Sept. 28, 10:45 a.m. EDT

It’s well known, at least among tax lawyers and accountants for the ultrawealthy: The estate tax can be easily avoided by exploiting a loophole unwittingly created by Congress three decades ago. By using special trusts, a rarefied group of Americans has taken advantage of this loophole, reducing government revenues and fueling inequality.

There is no way for the public to know who uses these special trusts aside from when they’ve been disclosed in lawsuits or securities filings. There’s also been no way to quantify just how much in estate tax has been lost to them, though, in 2013, the lawyer who pioneered the use of the most common one — known as the grantor retained annuity trust, or GRAT — estimated they may have cost the U.S. Treasury about $100 billion over the prior 13 years.



As Congress considers cracking down on GRATs and other trusts to help fund President Joe Biden’s domestic agenda, a new analysis by ProPublica based on a trove of tax information about thousands of the wealthiest Americans sheds light on just how widespread the use of special trusts to dodge the estate tax has become.

https://www.propublica.org/article/more-than-half-of-americas-100-richest-people-exploit-special-trusts-to-avoid-estate-taxes

14 replies = new reply since forum marked as read
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More Than Half of America's 100 Richest People Exploit Special Trusts to Avoid Estate Taxes (Original Post) BeckyDem Oct 2021 OP
They should, but they won't FoxNewsSucks Oct 2021 #1
Greed is a powerful motivator. BeckyDem Oct 2021 #2
I SAY, it's cheating, pure and simple. Why was this law put into place? Trueblue1968 Oct 2021 #3
OP states it was done unwittingly. BeckyDem Oct 2021 #5
Yeah, I bet it was "mistaken".... SergeStorms Oct 2021 #10
+1. It's fair to wonder. How often do we see accomodations for the poor that originated BeckyDem Oct 2021 #11
Many, many times. SergeStorms Oct 2021 #14
I wouldn't say cheating if they follow the law jimfields33 Oct 2021 #8
The fix been in. czarjak Oct 2021 #4
One of the reasons for a trust Turbineguy Oct 2021 #6
If it's available, someone will use it. I've been saying all along that we are looking at... TreasonousBastard Oct 2021 #7
Yep. +1 BeckyDem Oct 2021 #9
Why wouldn't they? It's legal. The law needs to be changed. live love laugh Oct 2021 #12
Down with the aristocracy! pfitz59 Oct 2021 #13

BeckyDem

(8,361 posts)
5. OP states it was done unwittingly.
Sat Oct 2, 2021, 04:30 PM
Oct 2021

I am not a tax lawyer, so I have no idea how it became an unintended consequence BUT, one would hope they would have fixed it by now.

SergeStorms

(19,186 posts)
10. Yeah, I bet it was "mistaken"....
Sat Oct 2, 2021, 05:58 PM
Oct 2021

when it comes to the wealthy avoiding tax liabilities there are no "mistakes". I'd be willing to bet that law was written exactly as they intended it to be, so accountants and tax attorneys could " discover" that loophole quite easily.

BeckyDem

(8,361 posts)
11. +1. It's fair to wonder. How often do we see accomodations for the poor that originated
Sat Oct 2, 2021, 06:01 PM
Oct 2021

from "unwitting" terminology?

SergeStorms

(19,186 posts)
14. Many, many times.
Sun Oct 3, 2021, 03:59 AM
Oct 2021

Just kidding. The answer to your query: Never. That's how often we see accommodations for the poor that originated from "unwitting" terminology. Never.

jimfields33

(15,688 posts)
8. I wouldn't say cheating if they follow the law
Sat Oct 2, 2021, 05:28 PM
Oct 2021

It’s the law that needs changed. Many of these rich corporations also follow the tax laws. It just sucks that they are there for them to use.

Turbineguy

(37,288 posts)
6. One of the reasons for a trust
Sat Oct 2, 2021, 04:43 PM
Oct 2021

is the length of time probate takes. With a trust everything just passes to the beneficiaries.

TreasonousBastard

(43,049 posts)
7. If it's available, someone will use it. I've been saying all along that we are looking at...
Sat Oct 2, 2021, 05:20 PM
Oct 2021

estates the wrong way.

Instead of taxing estates, tax the heirs and recipients as if it was ordinary income, or even unearned income.

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