Tax Help for Investors

Legal Tax Angles:

How to Save Taxes Without Going to Jail


It's amazing how many investors ignore taxes when making investment decisions. 

I'm not suggesting that taxes should be the primary factor in your investments. Many investors did that during the heyday of the tax shelters and they ended up without any tax benefits and without any investments either. 

Investing is a game of numbers. The four most critical numbers are 

(1) the total yield or return on investment, 
(2) the risk adjusted return, 
(3) the applicable tax rate and 
(4) the inflation rate. 

Most conservative investments generate an after tax return that is less than the rate of inflation. Thus, the real rate of return after taxes is often negative. 

Higher yielding investments don't help if you adjust your average return for the risk element. As a general rule, the risk adjusted rate of return on any investment is equal to the rate of return on a low risk investment such as a short term government bond. Thus, higher yields don't really solve the problem. There are exceptions to this general rule if you adopt a system of asset allocation that can provide higher returns with less risk. 

There is little that can be done to solve the inflation problem other than to engage in political action to "throw the rascals out". Until we can replace the free spending politicians in Washington, there's not much an individual investor can do about inflation. After many years of inquiry into the real cause of inflation, I'm convinced that the real culprit is federal deficit spending. We have been building up a huge debt with larger and larger annual deficits. As those deficits are financed by new money created by the Federal Reserve (monetizing the deficits), the result is inflation. And there is nothing that will stop it until the politicians stop spending more than the taxes they collect. 

That leaves tax avoidance or deferral as the only other way to achieve higher yields in inflation adjusted terms. With informed tax planning, an investor can increase his or her inflation adjusted real rate of return by 50% to 100%. In some cases where the current real rate of return after taxes is negative, tax planning can change that to a positive number. The "secret" is to understand the real power of compound interest - adjusted for inflation. On this basis, tax deferred investing takes on an entirely new perspective. 

There are numerous tax breaks that are available to investors. 

Certain kinds of income that are derived from the use of capital are income tax free. One example is tax free municipal bonds. Another is cash value life insurance. A third is the imputed rental value of a residence and the $250,000 per taxpayer exemption for gains on the sale of a primary residence. 

With the passage of the tax law in 2003, the maximum rate of tax on long term capital gains and dividend income is 15%. These changes will substantially alter the economic benefits of many other tax arrangements for investors.

Other investments offer long term tax deferral with the benefit of being able to reinvest the income without immediate tax. Examples include an assortment of retirement savings plans, deferred annuity contracts and U.S. savings bonds. Investments held by a charitable trust are also tax deferred until the income is distributed to the beneficiary. If the stock in a closely held corporation is sold to an employee stock ownership plan, the proceeds may be reinvested by the owner of the business in an assortment of other domestic stocks and bonds on a tax deferred basis. Certain kinds of assets may be eligible for a tax deferred exchange, while others may be eligible for the tax deferred installment sale treatment. 

Some investments offer the potential for tax favored treatment of any gain. Long term capital gains are now subject to a maximum tax rate of 15% (28% for certain kinds of "collectibles"). For taxpayers in the 15% income tax bracket, the maximum tax rate on long term gains is 5%. The same rates apply to qualified dividend income.

Numerous kinds of investments such as growth oriented common stocks, land and other tangible assets are eligible for the lower rate on capital gains if they are held for more than one year. 

When investments are gifted to lower tax bracket family members, the recipient takes over the tax attributes of the donor. If a stock is appreciated and has been held for more than a year, it would be eligible for 15% maximum tax rate on capital gains. But -- but giving the stock to a lower bracket dependent (such as a child who is going to college), the dependent may be eligible for a 5% maximum tax rate on the same stock.

A more extensive discussion of the inter-action of the rate of tax and the rate of inflation is included in Risk Management for Investors.

Vern Jacobs

Copyright, 2004


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Caution:  While the information in this web site is believed to be from reliable sources and is believed to be accurate, it is not intended to represent legal, tax or financial advice for any reader of any part of this web site. Due to frequent changes in the laws, new court cases and differences of opinion among professional advisors, readers should not rely on this information without the help of a qualified professional advisor.