Unrealized Capital Gains tax

Status
Not open for further replies.
I read the article that GrayHare linked. The article says no such thing. What I think Levchin did was deposit money into his IRA, purchase stock that subsequently went up in value to $85M.

I still don't think you can purchase private stock within an IRA. The article also says no such thing on this point.

These guys may be wealthier and more clever than me, but they didn't accomplish what they did through any means that I couldn't have done due to minimum wealth limits.

.
https://acrinv.com/get-200-million-ira-joke/
Not according to this and several other web sites that state he put his "founders shares" i.e stock from YELP into an account that he valued at $5,000 BEFORE it went public.

https://www.quora.com/Can-you-use-money-from-a-Roth-IRA-to-purchase-stock-in-a-startup-If-so-is-there-any-way-to-borrow-against-the-assets-in-the-event-of-a-liquidation

Perhaps technically these are all available to anyone, but the reality is these exclusions are not something utilized by a working class person, nor are the stocks even available to the average person, you must by design be an insider and have an investment firm vouch for you apparently.

And this article in the Wall Street Journal confirms that Lechvin put 13.3 million shares of Yelp that he valued at $5,000 into his ROTH IRA.

https://www.wsj.com/articles/washington-scrutiny-of-supersize-iras-1412956814
 
https://acrinv.com/get-200-million-ira-joke/
Not according to this and several other web sites that state he put his "founders shares" i.e stock from YELP into an account that he valued at $5,000 BEFORE it went public.

https://www.quora.com/Can-you-use-money-from-a-Roth-IRA-to-purchase-stock-in-a-startup-If-so-is-there-any-way-to-borrow-against-the-assets-in-the-event-of-a-liquidation

Perhaps technically these are all available to anyone, but the reality is these exclusions are not something utilized by a working class person, nor are the stocks even available to the average person, you must by design be an insider and have an investment firm vouch for you apparently.

And this article in the Wall Street Journal confirms that Lechvin put 13.3 million shares of Yelp that he valued at $5,000 into his ROTH IRA.

https://www.wsj.com/articles/washington-scrutiny-of-supersize-iras-1412956814

Anyone who contributed stock to an IRA is in violation of the IRS rules. 2018 Pub 590-A pages 9 and 10:

"As soon as you open your traditional IRA, contributions can be made to it through your chosen sponsor (trustee or other administrator). Contributions must be in the form of money (cash, check, or money order). Property can’t be contributed."

If they violated this rule, then they have probably broken federal law. If so, I support them being arrested and prosecuted.

As for buying private stock inside an IRA, I'm not sure. I wouldn't rely on Quora as an authoritative source (I love my 17DD, but she posts answers on Quora). I can't read the WSJ article because it is paywalled. The Acropolis link is a small investment management firm in St. Louis, and their article is vague how how it's done.

I do agree that company insiders get rich if they're awarded shares early on. If these people creatively take advantage of the current set of rules (and don't break them), then I have no problem with that personally. If someone wants to change the laws as to what sort of purchases are allowed inside an IRA, I support that being debated in Congress.

...

I still haven't seen any evidence that rich people play by a different set of rules that aren't available to anyone. If you start the next unicorn and award yourself founders shares and put them in your Roth and then the company succeeds, you'll end up with a $100M Roth just like Romney and Musk and the rest of them. And if they do break the rules, there should be a trial and appropriate consequences - see the current college bribery scandal for an example of that.

Beyond that, I think we may be talking past each other. Feel free to have the last word; I probably won't respond.
 
Last edited:
Property can be donated and this is how "founders Stock" is specifically able to make it to a ROTH IRA
PAGE 34 PUBLICATION 590-A
Payments of cash, property, or other consideration.
Even if a sponsor makes payments to you or your family,
there is no prohibited transaction if all three of the following requirements are met.
1. The payments are for establishing a traditional IRA or
for making additional contributions to it.
2. The IRA is established solely to benefit you, your
spouse, and your or your spouse's beneficiaries.
3. During the year, the total fair market value of the payments you receive isn’t more than:
a. $10 for IRA deposits of less than $5,000, or
b. $20 for IRA deposits of $5,000 or more.
If the consideration is group term life insurance, requirements (1) and (3) don’t apply if no more than $5,000 of the
face value of the insurance is based on a dollar-for-dollar
basis on the assets in your IRA.
Services received at reduced or no cost
 
... As for buying private stock inside an IRA, I'm not sure. ...
Not much of a problem unless the rules have changed. I have done maybe four or five private deals within IRAs.

The only difficulty is finding a custodian who will hold what they call "unusual assets." IIRC this is a broad category that includes things like collector coins, stamps, metallic gold, etc.

IIRC the last deal I did was in a Schwab IRA but while I held the stock they changed their rules and will no longer accept unusual assets. My interest in playing the private placement game had waned by that time anyway, so I just stopped.
 
The step up in basis is for simplicity since heirs may not be able to find a cost basis from the decedent's records. The revenue lost from the step-up is recaptured by the estate tax.

This is a valid concern. I sold some stock this past year that was a spin off of a holding I bought in 1989. (Even worse, there was a series of spin off's along with spits, special dividends, etc). I had to find in my vast 'treasure' of paper records over that 30 year period the original purchase and trace each of the various corporate actions to determine my true basis in the stock that I had purchased using a brokerage account I no longer have. This took me over three hours to net out the basis. I can't imagine my heirs having to do this calculation if I kicked, and I would shudder to think of the accountant/tax prep time ($ cost) to do it on a bunch of long held positions - many prior to brokerages keeping basis information.

The reality of the situation is that most people would either put zero as the basis (and therefore have to pay more tax) or just make some number up that sounded good.
 
Last edited:
This would never happen. One of the principles of taxation is wherewithal to pay. If you have no sales proceeds you have no wherewithal.

Further, what is the natural constituency that would support this? It would have to be tiny.
 
Does this mean I need to get my Picasso appraised each year & have to search around for the appraiser that gives me the lowest value? Who decides what it's worth year TO year?
 
Last edited:
Does this mean I need to get my Picasso appraised each year & have to search around for the appraiser that gives me the lowest value? Who decides what it's worth year year?
The court decides.

That was my point earlier: The IRS does not have enough lawyers and the nation does not have enough courtrooms to handle all the asset valuation disputes that this crackpot idea would entail.
 
How A Serial Entrepreneur Built A $95 Million Tax Free Roth IRA

Anyone can do this theoretically and many try. You have to buy a lot of very cheap stock and have it appreciate wildly. Many people try, most fail.

It is a story of stock appreciation, not tax shenanigans.
 
Further, what is the natural constituency that would support this? It would have to be tiny.
Anyone who doesn't much in the way of net worth and/or thinks the "wealthy" need to pay more now. I suspect that number is far greater than "tiny".

The court decides.

That was my point earlier: The IRS does not have enough lawyers and the nation does not have enough courtrooms to handle all the asset valuation disputes that this crackpot idea would entail.
+1
 
You can purchase private company shares using a Roth. Most custodians do not allow this but some do. Those shares will have a value in the private placement that is the same for all investors. It is not some special deal for the "rich".

For most people it is not an bonanza. When their stock declines or goes to zero, they get no deduction.

People accumulating millions of dollars this way are very unusual. They do not write Forbes articles about the vast majority that do poorly.
 
Property can be donated and this is how "founders Stock" is specifically able to make it to a ROTH IRA
PAGE 34 PUBLICATION 590-A
Payments of cash, property, or other consideration.
Even if a sponsor makes payments to you or your family,
there is no prohibited transaction if all three of the following requirements are met.
1. The payments are for establishing a traditional IRA or
for making additional contributions to it.
2. The IRA is established solely to benefit you, your
spouse, and your or your spouse's beneficiaries.
3. During the year, the total fair market value of the payments you receive isn’t more than:
a. $10 for IRA deposits of less than $5,000, or
b. $20 for IRA deposits of $5,000 or more.
If the consideration is group term life insurance, requirements (1) and (3) don’t apply if no more than $5,000 of the
face value of the insurance is based on a dollar-for-dollar
basis on the assets in your IRA.
Services received at reduced or no cost

I apologize if my responding with a question breaks my previous commitment to let you have the last word.

The above seems to talk about a custodian (=sponsor) paying property to the IRA owner for certain actions. That property could be founder stock, but it would be from the custodian to the owner, not the custodian to the IRA. Can you spell out how the above would allow an IRA owner to contribute property?

Thanks to everyone else who talked about private stock inside an IRA.
 
I apologize if my responding with a question breaks my previous commitment to let you have the last word.

The above seems to talk about a custodian (=sponsor) paying property to the IRA owner for certain actions. That property could be founder stock, but it would be from the custodian to the owner, not the custodian to the IRA. Can you spell out how the above would allow an IRA owner to contribute property?

Thanks to everyone else who talked about private stock inside an IRA.

https://www.forbes.com/sites/sanjeevsardana/2016/02/22/compelling-reason-to-use-your-roth-ira-to-fund-your-startup/#426e3b615876
 

Thank you for the article. I read it. Again, it does not seem to me to support what I thought your point was.

I'm definitely giving up on this though. I have been unable to communicate my point to you and likewise have been unable to understand your responses. This is uncommon for me, but I don't see any way to productively continue the conversation.

Cheers and respect! :flowers:
 
Does this mean I need to get my Picasso appraised each year & have to search around for the appraiser that gives me the lowest value? Who decides what it's worth year TO year?
The IRS does not have enough lawyers and the nation does not have enough courtrooms to handle all the asset valuation disputes that this crackpot idea would entail.

The only thing we know about Wyden's proposal is a few paragraphs with zero detail. We do know that he talks about "millionaires and billionaires". I've said that I could support this for net worth over $100 million.

If you've got enough money to pay estate taxes, your Picasso will have to be appraised when you die. I'm sure the IRS and estate tax lawyers have guideline methods.

Wyden could just ignore art and other collectibles for unrealized gains. The total amounts are small. Here's a list of the most expensive paintings ever sold. https://en.wikipedia.org/wiki/List_of_most_expensive_paintings
For comparison, the 400 richest Americans have a combined net worth of $7.9 trillion. There simply aren't enough collectibles out there to absorb a significant share of the that wealth.

Or, he could opt for valuing it every __ years. There is a lot of room between "every year" and "not until you die".
 
I've said that I could support this for net worth over $100 million.

How does one know if the net worth is over your magic number ($100 million) without doing appraisals?

If it is important to do for those over your magic number, why is it not good to do for those at $50 million, or $25 million, or even those poor slob $1 million dollar rich?

I am always intrigued about the OPM (other people's money) mindset, i.e. the I'm in favor (as long as it doesn't impact me).
 
I read the article that GrayHare linked. The article says no such thing. What I think Levchin did was deposit money into his IRA, purchase stock that subsequently went up in value to $85M.

I still don't think you can purchase private stock within an IRA. The article also says no such thing on this point.

These guys may be wealthier and more clever than me, but they didn't accomplish what they did through any means that I couldn't have done due to minimum wealth limits.


.

Maybe I'm misunderstanding what you are saying. But I and several other folks I know use our self-directed IRA to buy stock in startups. Now it isn't something you can typically do in an IRA, but even Schwab has team devoted to letting people do that. Plus there are many IRA custodian that specializes in alternative investment, letting you buy real estate, small business, even crypto in your IRA.
 
Maybe I'm misunderstanding what you are saying. But I and several other folks I know use our self-directed IRA to buy stock in startups. Now it isn't something you can typically do in an IRA, but even Schwab has team devoted to letting people do that. Plus there are many IRA custodian that specializes in alternative investment, letting you buy real estate, small business, even crypto in your IRA.

I've been saying a number of things:

1) One cannot legally put property directly into an IRA. I cannot call up Schwab and say, "Hey Schwab, here's a stock certificate for 100 shares of IBM. Please deposit these shares into my IRA." One can legally put money into an IRA and then use it to buy stock or alternative investments. I can call up Schwab and say, "I've just deposited $5,000 into my Roth IRA. Please buy X shares of IBM with that money."

2) There is a rule against self-dealing which I think would prohibit anyone from selling specific stock shares they own personally to their IRA custodian in order to get that stock into their IRA. I cannot call Schwab and say "I have this stock certificate for 100 shares of IBM. Please buy some of these shares off of me with the money that is already sitting in my Roth IRA."

3) I had initially said that I didn't think one could buy private stock inside an IRA, but have since been corrected on this point.

4) Most importantly, there is little to nothing to prevent any given American from doing the same things that wealthy Americans have done in order to grow their wealth. There is no law that says that only rich people can buy startup stock in their IRA, or that you have to have a net worth of $X million in order to open a GRAT. Wealthy people get that way by providing services and products that are of value to a large number of people, and/or by investing wisely or luckily, and then preserving that wealth through clever but legal use of our current tax laws. Although the wealthy do have some inherent advantages of wealth, such as being in the same social circles with other wealthy people and having the funds to hire excellent CPAs and attorneys, I don't think this isn't the main way they make money. Although exceptions exist, I believe most wealthy people do not get that way (and stay that way) by secret or "rich people only" methods or by lying/stealing/cheating/defrauding.(*) To believe the latter subjects a person to being defrauded of their money by "I'll reveal the secret to achieving wealth" charlatans. I think it is also counterproductive because it promotes a victim mentality - "I can't get rich because I'm not already rich so I can't use the secret rich people methods."

(*) The two exceptions I thought of offhand are Elizabeth Holmes of Theranos and Bernie Madoff of Wall Street fame. Note that both of these examples were caught in their bad behavior, lost most if not all of their money, and are facing or have been convicted of felonies. Not to mention the public disgrace and family problems such as suicide.
 
Last edited:
SecondCor - you seem hung up on this "can't put stock into IRA" thing, but that hardly matters when the share price can be anything you want. To illustrate:

I form corporation A, you form corporation B. I use my Roth IRA funds to buy $5000 worth of shares in your corporation B, that can be 1 share or 1 trillion shares, it does not matter. You use funds in your Roth IRA to buy $5000 worth of shares in my corporation A. Next, I buy back your shares of my corporation with my non-IRA money for $1 million, and you similarly buy my shares for $1 million. Just like that each of us has effectively transferred $1 million into our respective Roth IRAs. Yes, if the IRS gets wind of this simplistic scheme they will likely shoot it down. A more complex scheme can achieve the same result and be much harder to shoot down, and that's what the big wigs do.
 
Last edited:
I've been saying a number of things:


4) Most importantly, there is little to nothing to prevent any given American from doing the same things that wealthy Americans have done in order to grow their wealth. There is no law that says that only rich people can buy startup stock in their IRA, or that you have to have a net worth of $X million in order to open a GRAT. Wealthy people get that way by providing services and products that are of value to a large number of people, and/or by investing wisely or luckily, and then preserving that wealth through clever but legal use of our current tax laws. Although the wealthy do have some inherent advantages of wealth, such as being in the same social circles with other wealthy people and having the funds to hire excellent CPAs and attorneys, I don't think this isn't the main way they make money. Although exceptions exist, I believe most wealthy people do not get that way (and stay that way) by secret or "rich people only" methods or by lying/stealing/cheating/defrauding.(*) To believe the latter subjects a person to being defrauded of their money by "I'll reveal the secret to achieving wealth" charlatans. I think it is also counterproductive because it promotes a victim mentality - "I can't get rich because I'm not already rich so I can't use the secret rich people methods."

It is very difficult for somebody who isn't an accredited investor (aka rich person) to buy stock in a private company period. (IRA can impose even higher standards). As GreyHare points out, if you are really rich like a partner in Bain Capital you have even more opportunities to take advantage of differences in pricing.

Plus most of the time it is not even intentional fraud. Outside of public markets, there is a wide discrepancy between prices in virtually all assets. Real Estate, the more specialized the bigger the spread. Art, private business, patents, bond values of companies in bankruptcies or Venezuelan bonds. A spread of 2x between what a buyer and seller think something is worth is not uncommon and even 10x is unheard of.

To me that's one of the most problematic issues with any type of wealth tax.
 
SecondCor - you seem hung up on this "can't put stock into IRA" thing, but that hardly matters when the share price can be anything you want. To illustrate:

I form corporation A, you form corporation B. I use my Roth IRA funds to buy $5000 worth of shares in your corporation B, that can be 1 share or 1 trillion shares, it does not matter. You use funds in your Roth IRA to buy $5000 worth of shares in my corporation A. Next, I buy back your shares of my corporation with my non-IRA money for $1 million, and you similarly buy my shares for $1 million. Just like that each of us has effectively transferred $1 million into our respective Roth IRAs. Yes, if the IRS gets wind of this simplistic scheme they will likely shoot it down. A more complex scheme can achieve the same result and be much harder to shoot down, and that's what the big wigs do.

Emphasis added.

I can be pedantic, argumentative, and stubborn, often all in the same day.
The point about putting stock in an IRA was more of a pedantic thing, and not really very important in the scheme of things.

The more important issue to me is item 4 about how some people think that rich people mostly get ahead by cheating/bending rules/etc. It's a free country, and people are obviously entitled to their opinion in general and specifically on this board. I simply strongly disagree with how the vast majority of wealthy people manage to get that way.

As information supporting my opinion, I gave two counterexamples of where fraudulent behavior doesn't work to achieve sustainable wealth in my previous post. I also can point to the work in the Millionaire Next Door books which describe common traits of millionaires to decamillionaires - my recollection of that book is that rich people get that way through a lot of honest hard work, frugality, and investing well over time, not through tax fraud as alluded to with your example above.

As an additional set of information I could add my personal experience. I've met and known a variety of wealthy to very wealthy people ($1M - $1B). While some have been a tad eccentric, all were uniformly excellent human beings who treated other people with decency and respect and usually great care, were respected members of their community, and as far as I knew conducted their financial affairs with integrity and honor.

You might point out that there could be a difference between those folks and the ultra ultra rich (Musk, Buffett, etc.). To that I might reply that although that may be so, I suspect that the number of millionaires to decamillionaires probably vastly outnumber Musk/Buffett/Bezos types. That, plus the fact that most Musk/Buffett/Bezos types also seem to achieve wealth through valuable businesses and/or talented investing over time, means there's not a lot of wealthy people left over who get that way through cheating/crazy tax schemes/etc.

It is very difficult for somebody who isn't an accredited investor (aka rich person) to buy stock in a private company period. (IRA can impose even higher standards). As GreyHare points out, if you are really rich like a partner in Bain Capital you have even more opportunities to take advantage of differences in pricing.

Plus most of the time it is not even intentional fraud. Outside of public markets, there is a wide discrepancy between prices in virtually all assets. Real Estate, the more specialized the bigger the spread. Art, private business, patents, bond values of companies in bankruptcies or Venezuelan bonds. A spread of 2x between what a buyer and seller think something is worth is not uncommon and even 10x is unheard of.

To me that's one of the most problematic issues with any type of wealth tax.

This is a good legitimate example of a case where rich people can do something that poor people cannot - only accredited investors can invest in certain things, and accredited investors I think have to have a certain amount of wealth. Thank you for the example.
 
If you sell the stock the basis is the year end price, you would have realized gains or losses on the stock you sold and unrealized gains on the stocks you hold. This is no more difficult than it is to value stocks you purchase now, does anyone really have difficulty determining their basis in a stock investment? Is this really a term investors do not comprehend?

This is certainly less complicated than fixed assets in a business. I am amazed it is not understood how easy it is to compute this.
Stock basis can take more than a few minutes to determine if there have been mergers, spinoffs, drips, stock issuance and reverse splits in lieu of dividend payment, etc.

However the bigger issue is that a "mark to market" yearly Dec 31 capital gains tax scheme would introduce a lot of volatility and distort stock prices. Imagine a person who has a large holding in X but was thinking that maybe Y is a better investment. Since they must pay capital gains on X anyway why not sell it now. Trading price is normally set by a natural dance between sellers and buyers while factoring in tax treatement, but if everyone if effectively forced to virtually sell at year end there would be a tremendous increase in volume and price swings in late December of every year. It would be unproductive economically. And what would the government tax coffers do in down years, if there was a prolonged bear market it could effect long term interest rates since the expected revenue is missing.
 
If my portfolio declines like it did last year, can I get a refund of previous taxes paid on unrealized appreciation?
 
1. How does one know if the net worth is over your magic number ($100 million) without doing appraisals?

2. If it is important to do for those over your magic number, why is it not good to do for those at $50 million, or $25 million, or even those poor slob $1 million dollar rich?

3. I am always intrigued about the OPM (other people's money) mindset, i.e. the I'm in favor (as long as it doesn't impact me).
1. If art and collectibles aren't included for calculating capital gains, then they aren't included for determining the $100 million threshold (note, btw, that I envision the $100 million as a deductible, not a cliff). If they only need to be appraised every __ years for capital gains, then they only need to be appraised every __ years for determining the threshold.

2. Diminishing returns. Yes, this generates additional administrative cost for taxpayers and the gov't. It's easier to get an acceptable ratio for bigger portfolios. If it turns out to be easier than expected, future voters may want to lower the threshold.

3. I think we should fund the gov't with progressive taxes. I've earned more than most Americans over my lifetime, therefore I think I should pay higher tax rates (not just dollars, but rates) than most Americans. This doesn't bother me.
Similarly, I think the smaller number of people who have done better than me should pay higher rates than I do. You seem to think there is something wrong with this attitude. I don't see the problem.
 
Status
Not open for further replies.
Back
Top Bottom