Tax Shelter

A method people or organizations employ to limit or reduce their taxable revenues and, consequently, their tax obligations.

Author: Christopher Haynes
Christopher Haynes
Christopher Haynes
Asset Management | Investment Banking

Chris currently works as an investment associate with Ascension Ventures, a strategic healthcare venture fund that invests on behalf of thirteen of the nation's leading health systems with $88 billion in combined operating revenue. Previously, Chris served as an investment analyst with New Holland Capital, a hedge fund-of-funds asset management firm with $20 billion under management, and as an investment banking analyst in SunTrust Robinson Humphrey's Financial Sponsor Group.

Chris graduated Magna Cum Laude from the University of Florida with a Bachelor of Arts in Economics and earned a Master of Finance (MSF) from the Olin School of Business at Washington University in St. Louis.

Reviewed By: Manu Lakshmanan
Manu Lakshmanan
Manu Lakshmanan
Management Consulting | Strategy & Operations

Prior to accepting a position as the Director of Operations Strategy at DJO Global, Manu was a management consultant with McKinsey & Company in Houston. He served clients, including presenting directly to C-level executives, in digital, strategy, M&A, and operations projects.

Manu holds a PHD in Biomedical Engineering from Duke University and a BA in Physics from Cornell University.

Last Updated:April 25, 2024

What Is a Tax Shelter?

A tax shelter is a method people or organizations employ to limit or reduce their taxable revenues and, consequently, their tax obligations. 

The use of investments or investment accounts that offer preferential tax treatment and acts or transactions that reduce taxable income through deductions or credits can all be considered acceptable tax shelters.

Individuals can utilize this shelter as a financial tool to reduce their tax liability and, as a result, keep more of their money.

It is a legitimate option for people to "stash" their money so they won't have to pay taxes.

A tax haven is entirely different from a shelter since it is located outside the country, and its legality is occasionally doubtful. On the other hand, a shelter is legal and maintains all funds in the nation where the individual resides. 

Home equity and 401(k) retirement accounts are two of the most popular tax shelters in the US.

Key Takeaways

  • A tax shelter is a legal strategy or financial arrangement that allows individuals or businesses to reduce their taxable income and, consequently, their tax liability.
  • Tax shelters are often used to take advantage of specific provisions in the tax code or to defer taxes on investment income, thereby maximizing after-tax returns.
  • Taxpayers must ensure that their use of tax shelters conforms to the intent and guidelines established by tax authorities, including the Internal Revenue Service (IRS) in the United States.
  • Taxpayers should be cautious of engaging in tax shelters that promise unrealistic tax savings or involve high levels of complexity, as they may attract scrutiny from tax authorities and increase the risk of audits or penalties.

How does the Tax Shelter benefit us?

Several measures can be used to temporarily or permanently lower a person's or company's tax liability. We refer to an entity as sheltering its taxes when these resources are used to reduce a tax obligation. 

An individual or organization must assess the tax reduction techniques to prevent being fined by the Internal Revenue Service (IRS) since the path adopted by a taxpayer to decrease or erase his tax burden might be lawful or illegal.

The government has made several tax shelters available to assist its citizens in paying less in taxes. For instance, Tax deductions are amounts that can be subtracted from an individual's taxable income.

The individual will pay less in taxes due to the tax rate being applied to the reduced taxable income.

For instance, the IRS allows tax deductions for charitable contributions up to 50% of an individual's adjusted gross income (AGI). 

NOTE

A taxpayer with a yearly income of $82,000 can lower his taxable income to $70,000 by choosing to contribute $12,000 to a recognized charity. Since he is subject to a 22% marginal tax rate, he would pay $2,640 less in taxes (12,000 x 22%).

Types Of Tax Shelters

The following are the types of tax shelters that can be utilized by individuals and corporations to reduce income tax liability

  1. Retirement Accounts: Contributions to retirement plans are quite popular. IRAs, 401(k)s, and 403(b)s are some examples of retirement plans. Contributions to these plans are tax-deductible.
  2. Real Estate Investments: Real estate investments are also a popular choice for tax shelters and retirement plans. Owning a rental property can help an individual deduct expenses like mortgage interest, property taxes, and repairs. Additionally, individuals can claim property depreciation, which will decrease their taxable income.
  3. Business Expenses: Business expenses such as travel, meals, and entertainment can benefit business owners by acting as tax shelters. This can considerably reduce income tax liability.
  4. Municipal Bonds: The interest earned on municipal bonds is tax-free, making them a tax shelter. They are accepted at the federal and state levels.
  5. Life Insurance: The death benefits paid to the beneficiary as a result of taking life insurance are tax-free and can be offered as a tax shelter.

It is imperative that we consult with a tax professional or a financial advisor before choosing any of the given tax shelter options. They can ensure compliance with appropriate tax laws and regulations.

Examples Of Tax Shelters

Individuals and companies can lower their overall tax obligations by transferring a percentage of their income to tax shelters.

These shelters are more accessible and common than their traditional connection with affluent people and businesses that use anonymous Swiss bank accounts may imply. 

The two common and easily accessible options for people to "shelter" a portion of their income from taxes are

  • Individual retirement accounts
  • Employer-sponsored 401(k) plans

Government policies and tax rules allow us to legally reduce our tax obligations. For example, some retirement plans, such as the 401(k), enable us to reduce our financial and income tax obligations.

We can therefore save and create a corpus for the future by setting aside a small portion of our wages. Tax shelters, according to some critics, are harmful. 

Individuals who want to keep and develop their hard-earned money and receive tax benefits, a tax deduction, or a large relaxation on withdrawal should have a firm grasp of the concept.

401(k) Accounts

You must pay taxes on the interest earned on the funds you deposit into a savings account with a bank each year. However, you don't have to pay taxes immediately on your gains when you contribute to a tax-deferred 401(k).

For instance, if you put $100 each month into a standard 401(k) yielding 8% for 30 years, you might accumulate nearly $150,000 in tax-free retirement savings and save close to $50,000 in taxes as your profits compounded.

However, utilizing a tax-deferred 401(k) does not imply that you will never pay taxes. When participants remove their profits and donations, taxes are due.

Retirement frequently results in a reduction in taxable income, which might place you in a lower tax rate than you did when working. Therefore, taxes on withdrawals from a tax-deferred 401(k) after retirement may be less than if you were still working.

Note

Contributions to a Roth 401(k) do not lower your current taxable income when deducted from your paycheck, in contrast to a tax-deferred 401(k). Roth 401(k) contributions are after-tax contributions.

Since you are already paying taxes as you contribute, you won't owe taxes on the money when you remove it or on its profits.

A 401(k) cannot be opened by a self-employed person, but if you are employed and your employer provides one, it's a fantastic method to save for retirement. In addition, you can make free money since it decreases your taxable income.

Pretax income is used to finance your 401(k), lowering your total tax bill for the year. Your assets will also grow tax-deferred, meaning you won't have to pay taxes on them until you remove them.

Typically, employers will match 6% of your contributions. As a result, you may fully benefit from your retirement account's savings features if you contribute the maximum amount each year.

Home Equity

One reason purchasing a home is a significant financial achievement is that house equity boosts one's net worth.

While lowering your mortgage is financially and emotionally liberating, you will only profit from that home equity if you sell your house or take out a second mortgage or line of credit.

However, if you decide to sell, you'll understand why home equity is a beneficial tax shelter. The IRS waives capital gains taxes on the first $250,000 house sale proceeds (or $500,000 for a pair).

That's accurate. You and your partner may realize a $500,000 profit from selling a property without paying taxes. What a fantastic tax shelter.

Your mortgage lender will impose several costs on you, one of which is "points," which is equal to 1% of the loan principal. On house loans, one to three points are typical, and they may swiftly add up to thousands of dollars.

Points incurred by a mortgage for a house purchase are entirely deductible. The deduction for points on refinance mortgages is also available, but only throughout the loan, not all at once.

Homeowners who refinance can start amortizing the new points and writing down the remaining old ones immediately.

Property taxes, sometimes known as "real estate taxes," are deductible from your income. However, once the funds are utilized to pay your property taxes, you can only deduct escrow funds held for property taxes if you have an impound or escrow account.

Additionally, a refund of local or state property taxes lowers your federal deduction by an equivalent amount. 

Note

State and local taxes (SALT) may no longer be written off for more than $10,000 annually.

Charitable Donations

Charitable donations provide individuals and corporations with tax-deductible benefits and reduce their overall taxable income. Individuals and corporations can make these donations in cash, money transfers, wills, or gifts of land, property, or shares.

These charitable donations enable individuals and corporations to receive tax-deductible gifts with their charitable contributions. These nonprofit organizations should be recognized by the IRS under Section 501(c)(3).

The IRS considers any donation charitable or qualified only when it is gifted to qualified organizations. Apart from the mentioned ways, gifts can also be given in the form of clothing, electronics, furniture, art, cars, and real estate.

Tax sheltering vs. Tax Evasion

Tax shelters offer individuals and corporations a legal option to minimize taxes, which can be achieved by investing in tax-shielded projects. Tax evasion refers to the act of avoiding taxes by not reporting income or paying taxes on time.

Tax evasion can also include transferring money into untraceable off-shore accounts or using illegal tax shelters for the same purpose.

According to the IRS, tax evasion is the intentional underpayment or nonpayment of taxes. Some may consider tax avoidance to be tax evasion. However, it is entirely feasible to avoid paying taxes while doing so.

Tax Shelter Vs. Tax Evasion
Aspect Tax Shelter Tax Evasion
Definition Legit and legal ways to reduce taxable income. An unlawful way of avoiding taxes is by false statements, not paying taxes or similar tactics.
Legality Exploiting the tax benefits provided by the government by accurately sheltering taxable income. Concealment or misreporting of taxable income comes under the purview of tax evasion.
Purpose Minimizing tax liabilities through all legal means. Tax evasion is the intentional avoidance of taxes.
Examples Retirement accounts, credits, deductions, investments, and others. Hiding assets, transferring funds to and maintaining offshore accounts, and underreporting income.
Disclosure Tax shelters are disclosed to tax authorities to maintain transparency. Here, the taxes are hidden from the tax authorities.
Consequences Penalties and charges could be levied if the instructions aren't followed properly or abused. Consequences of tax evasion could include criminal charges, fines, and imprisonment as well.
Complexity Lengthy and sophisticated financial structures and transactions can add to the complexity.  Simply neglecting or committing the transactions is sufficient to add complexity.
Risk Level If individuals and corporations abide by the laws and regulations, then the risk is low. There is always a high risk in such cases, and heavy penalties are also imposed on individuals or corporations for tax evasion.
Compliance A strict adherence to laws and regulations is demanded regardless of the situation. Tax evasion is the result of deliberate disregard of tax laws and regulations.

Under the federal income tax system in the United States, you must typically pay taxes on all of your international income. So, naturally, any money you receive from your employment is taxable, and you frequently receive your paycheck with federal income tax deducted.

Tax Shelters Vs. Tax Haven

Tax havens are most commonly defined as a geographical location, a country that provides individuals and corporations with zero or minimal tax liability for the bank deposits in the country.

Tax shelters are strategic arrangements that individuals or corporations can use to lower their taxes as permitted by the government. 

The following are the differences between the two:

Differences Between Tax Shelters And Tax Havens
Aspect Tax Shelters Tax Haven
Definition These shelters are methods and strategies to minimize tax liability. A socio-political vicinity provides favorable tax benefits to individuals and corporations.
Purpose The primary purpose is to minimize tax liability. The primary purpose is the minimization of income tax liability through offshore accounts.
Legality The shelters are legal, legitimate, and government-approved. Legit and acceptable. But, predominantly criticized for sheltering tax avoidance.
Location A tax shelter can be situated inside or outside the tax haven vicinity. The term was coined to refer to the geographical area with favorable tax laws and regulations.
Examples Deductions, retirement accounts, credits, and certain investments. Nation states or territories with no or low taxes, and maintain banking secrecy.
Regulations Shelters are subjected to tax laws and regulations of the nation. Tax havens may or may not have tax regulations or laws.
Transparency Tax shelters are quite transparent and subject to oversight regulation. This encompasses a lot of banking secrecy and limited transparency.
Compliance Compliant with related tax laws, regulations, and reporting requirements. Should be compliant with nationwide laws and regulations related to tax havens.
Individual Purpose To reduce the tax burdens legally. Utilized to protect assets reduce tax obligations.
Corporate Purpose Utilized for the purpose of legit tax planning. Tax havens can be used to optimize profits and profit shifting.

Conclusion

Every tax-sheltered investment has some level of risk because of the American tax code's intricacy and the economy's ebbs and flows. 

The following is a list of the most typical dangers:

  1. Unplanned expenses for management fees and regulatory compliance
  2. Expectations of returns that are unclear or irrational as a result of complicated and confusing frameworks
  3. High susceptibility to inflation, particularly for assets that resemble bonds
  4. Increased levels of illiquidity brought on by the waiting periods mandated by the IRS and/or inefficient markets.

Tax evasion, or avoiding taxes through illicit means, is another significant concern. There is a thin line between tax reduction and tax evasion, even if IRS-backed investment entities are always allowed. 

When dealing with complicated, opaque investment instruments that haven't been thoroughly vetted, it's crucial to keep this narrow line in mind.

Before you begin, make sure you completely comprehend the tax-sheltered investment you're considering making and how it may impact your specific financial circumstances. The IRS does not tolerate tax evasion, and those who engage in it may be subject to harsh fines and legal action.

Researched and authored by Tirath Shah | LinkedIn

Reviewed & Edited by Ankit Sinha LinkedIn

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