Strategies to minimize taxes under Senate scrutiny

Strategies to minimize taxes under Senate scrutiny
Even with reforms, advisers could sally forth with new schemes
DEC 08, 2011
Lawmakers considering tax reforms turned their focus today to the implications that changes could have on financial products. “Financial advisers have created a complex web of new products that mix debt, equity and derivatives — and the purpose of some of these is to avoid or to defer taxes,” said Sen. Max Baucus, D-Mont., chairman of the Senate Finance Committee. “The benefits go to large companies and high-net-worth individuals who can afford to hire expensive lawyers and advisers” and that “isn't fair to taxpayers who can't afford those lawyers and accountants.” A new report, prepared by the staff of the Joint Committee on Taxation, was discussed. It detailed how taxpayers use financial instruments to achieve different tax outcomes and what incentives current law might create, said Thomas Barthold, chief of staff of the joint committee. “While the underlying economics of two different financial situations may be identical, the tax treatment under the present law may not be equal,” he testified. He described a simple case where a man invests $100 in a zero coupon bond paying 6% interest a year. In two years, the man has $112 and owes income tax of up to 35% on the $12 he earned. Meanwhile, another man buys $100 worth of stock and sells a call option on the stock with a strike price of $112 with a settlement date of two years. With the premium he receives, he buys a put option on the stock with a $112 strike price and a two-year settlement date. By offsetting the put and call, he will have assured himself $112, Mr. Barthold said. The difference is that the $12 the second man made is characterized as a long-term capital gain and taxed at a maximum rate of 15%, he said. What members heard from lawyers called to testify before the joint hearing of the Senate Financial Services Committee and the House Ways and Means panel was pessimism that any reforms will be able to end permanently the practice of corporations and wealthy individuals of choosing certain investments over others because of their tax benefits. Andrea Kramer, a partner at McDermott Will & Emery LLP, said even if Congress were to pass comprehensive tax reform that tries to even out the tax treatment for different financial products, she expects it would only take about 18 months before new financial products were created that skirted the goal of the rules. “Wherever there is an opportunity then there is going to be planning,” she said. David Miller, a partner at Cadwalader Wickersham & Taft LLP, said subjecting securities and instruments to a “mark-to-market” system where the taxpayer pays each year the difference between the value of the instrument at the beginning versus end of the year, would “finally match tax and economics.”

Latest News

Why fixed income still belongs in your clients' portfolios
Why fixed income still belongs in your clients' portfolios

In an era of AI euphoria and market FOMO, getting back to basics with fixed income may be the most contrarian and most important move advisors can make.

Voya expands advisor managed accounts to add private market assets
Voya expands advisor managed accounts to add private market assets

Voya Financial adds private equity, credit and real estate options to its AMA program, building on support for looser federal investment rules in retirement accounts.

With executives leaving, Osaic’s Reid now in the spotlight
With executives leaving, Osaic’s Reid now in the spotlight

Shannon Reid, president of Osaic and the network’s number two executive, has plenty of challenges, industry executives said.

Investors sue crypto fund and platform, alleging $1.5 million never returned
Investors sue crypto fund and platform, alleging $1.5 million never returned

Auditors flagged the commingling. The COO allegedly knew. Investors kept getting the pitch

Wells Fargo nabs $1.7B RBC advisor team, loses two teams to LPL
Wells Fargo nabs $1.7B RBC advisor team, loses two teams to LPL

The advisors on the move include two brothers leading a family practice in Connecticut, and a husband-and-wife tandem working with business owners in the West Coast.

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.