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> Information provided on this site is for general guidance only and is often simplified. Actual IRS procedures are complex, and taxpayers should obtain professional assistance or use IRS sources for complete information.

Introduction A brief review of the place of tax shelters in the American tax landscape.

Tax Shelter Techniques The methods that are typically used in creating tax shelters.

The Treasury's 2003 Offensive There was a kind of amnesty in 2002; and in 2003 the Treasury issued new guidance on tax sheltering.
Developments in 2004 Although the Treasury fought on, the courts tended to back the taxpayer.
Tax-Shelters in 2005/2006 A review on Tax Shelters in 2005/2006.


Tax Shelter Techniques

There are many methods by which taxpayers shelter their losses, but these three characteristics are usually found in tax shelters, either separately or in combination:

  • Taxes are deferred to later years;
  • Ordinary gains (100 percent taxable) are converted to capital gains (only 40 percent taxable), or capital losses (only 50 percent deductible), are converted to ordinary losses (100 percent deductible); in both cases producing a lower tax liability;
  • Leverage is obtained through various financing arrangements.

Deferral also occurs when excessive deductions are taken in the early years of a tax shelter, a practice the IRS calls "front end loading." Examples of illegal front end loading practices are:

  • Deducting capital items by classifying them as advisory fees, management fees, or interest;
  • Deducting prepaid interest;
  • Not including prepaid income;
  • Deducting excessive depreciation, amortization, or depletion by using the wrong method, too short a useful life; and/or too large a basis.

BACK TO TOP

Introduction A brief review of the place of tax shelters in the American tax landscape.

Tax Shelter Techniques The methods that are typically used in creating tax shelters.

The Treasury's 2003 Offensive There was a kind of amnesty in 2002; and in 2003 the Treasury issued new guidance on tax sheltering.
Developments in 2004 Although the Treasury fought on, the courts tended to back the taxpayer.
Tax-Shelters in 2005/2006 A review on Tax Shelters in 2005/2006.

 

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