“It is a simple fact that billionaires in America can live very extraordinarily well completely tax-free off their wealth,” law professor Edward J. McCaffery writes. They can do so by borrowing large sums against their unrealized capital gains, without generating taxable income.
According to the latest IRS data, the top 1% of earners paid 40.4% of all federal income taxes in 2022. This underscores the extent to which the burden of the income tax system falls on taxpayers from the highest income groups.
There are several ways you might reduce your estate, including spending assets, giving assets away, buying life insurance and putting assets in trusts. For most people who are impacted by the estate tax, trusts are integral to reducing an estate's size and may help to reduce estate taxes.
Higher marginal tax rates cause the rich to report less income, thereby reducing the gap between rich and poor. But the reduction in income inequality is more apparent than real when income is shifted to the corporate business sector.
Others will object to taxing the wealthy unless they actually use their gains, but many of the wealthiest actually do use their gains through the borrowing loophole: They get rich, borrow against those gains, consume the borrowing, and do not pay any tax.
They raise little revenue, create high administrative costs, and induce an outflow of wealthy individuals and their money. Many policymakers have also recognized that high taxes on capital and wealth damage economic growth. The flawed design of these taxes has created problems in countries that have implemented them.
The trust fund loophole refers to the “stepped-up basis rule” in U.S. tax law. The rule is a tax exemption that lets you use a trust to transfer appreciated assets to the trust's beneficiaries without paying the capital gains tax. Your “basis” in an asset is the price you paid for the asset.
He said when wealthy people want to buy something, they borrow against their capital assets, such as stocks and bonds, instead of selling them. This allows them to avoid paying capital gains taxes on the appreciated value of their assets. In fact, this loophole could allow some individuals to avoid taxes in perpetuity.
There are 2 primary methods of transferring wealth, either gifting during lifetime or leaving an inheritance at death. Individuals may transfer up to $13.99 million (as of 2025) during their lifetime or at death without incurring any federal gift or estate taxes. This is referred to as your lifetime exemption.
Most of the government's federal income tax revenue comes from the nation's top income earners. In 2021, the top 5% of earners — people with incomes $252,840 and above — collectively paid over $1.4 trillion in income taxes, or about 66% of the national total.
Investment income is the profit earned from investments, such as real estate and stock sales. Dividends from bonds also are investment income. Investment income is taxed at a different rate than earned income.
You generally don't have to pay taxes if your income is less than the standard deduction or the total of your itemized deductions, if you have a certain number of dependents, if you work abroad and are below the required thresholds, or if you're a qualifying non-profit organization.
In some years, billionaires such as Jeff Bezos, Elon Musk and George Soros paid no federal income taxes at all. Billionaires avoid these taxes by taking out special ultra-low-interest loans available only to them and using their assets as collateral.
In fact, many wealthy people can and do "live off the interest." That is, they put a chunk of their fortune in a relatively safe collection of income-generating assets and live off of that—allowing them to be more adventurous with the rest.
An easy and impactful way to reduce your capital gains taxes is to use tax-advantaged accounts. Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes on assets while they remain in the account.
This is by getting a mortgage and/or having investors invest with you. You leverage other people's money (OPM) to buy a property. An example of how we leveraged money was when we invested in a 77-unit apartment building in Albuquerque, New Mexico. We got a loan from a bank for 80% of the value of the building.
The ultra-wealthy have long exploited a loophole in the way the tax system conceptualizes what is and is not “income.” By using highly appreciated assets as collateral for loans, they can access vast amounts of capital without paying taxes on those gains—immediate cash, with no taxable event.
An irrevocable trust transfers asset ownership from the original owner to the trust, with assets eventually distributed to the beneficiaries. Because those assets don't legally belong to the person who set up the trust, they aren't subject to estate or inheritance taxes when that person passes away.
Income is taxed to you, not your heirs.
With a GRAT, all income gains and losses will flow back to you as the grantor and be included on your personal income tax return. This allows more wealth to shift to heirs, because neither they nor the trust will have income tax responsibility.
One type of trust that helps protect assets is an intentionally defective grantor trust (IDGT). Any assets or funds put into an IDGT aren't taxable to the grantor (owner) for gift, estate, generation-skipping transfer tax, or trust purposes.
The report concluded the rich were less likely to donate in settings with high economic inequality because they were concerned about losing their “privileged position.” A separate study published in Nature Aging found people living in poorer countries are more willing to donate to a hypothetical charity than those in ...
In other words, billionaires and other high-net-worth-individuals can borrow large sums of cash using their portfolio of stock to secure that money. Since loans aren't technically income, they're not subject to income tax. The money is generally still subject to interest, though rates vary.
A majority of proposals to tax the rich address individual income taxes, but the wealthy can also be taxed through other avenues, such as capital gains, the estate tax, and the corporate tax rate.