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IRS wants to end another major tax loophole for wealthy, raise $50B in the process

The IRS plans to end a major tax loophole for wealthy taxpayers that could raise more than $50 billion in revenue over the next decade, the U.S. Treasury Department says. The guidance and ruling being announced Monday includes plans to essentially stop “partnership basis shifting” — a process by which a business or person can move assets among a series of related parties to avoid paying taxes.

Quick Read

  • The IRS plans to end a major tax loophole for wealthy taxpayers that could raise more than $50 billion in revenue over the next decade, according to the U.S. Treasury Department.
  • The new guidance and ruling will target “partnership basis shifting,” a method used to move assets among related parties to avoid taxes.
  • Biden administration officials have assessed that there are no economic grounds for these transactions, describing it as a “shell game,” according to Deputy Treasury Secretary Wally Adeyemo.
  • The IRS has been able to increase oversight and awareness of this practice due to additional funding from the 2022 Inflation Reduction Act.
  • IRS Commissioner Danny Werfel stated that these tax shelters allow wealthy taxpayers to avoid paying their fair share.
  • Underfunding in previous years led the IRS to reduce auditing of wealthy individuals, making the shifting of assets among partnerships more common.
  • Filings for large pass-through businesses, often used for tax avoidance, increased 70% from 174,100 in 2010 to 297,400 in 2019, while audit rates for these businesses fell from 3.8% to 0.1% in the same period.
  • Treasury estimates a $160 billion gap between what the top 1% of earners owe in taxes and what they pay.
  • The IRS is focusing on high-wealth tax cheats who manipulate the tax code or evade taxes altogether.
  • Recent initiatives include targeting improper deductions for personal flights on corporate jets and collecting back taxes from delinquent millionaires.
  • The IRS aims to raise audit rates on companies with assets above $250 million to 22.6% by 2026, up from 8.8% in the 2019 tax year.
  • Audit rates on large complex partnerships with assets over $10 million will also increase tenfold.

The Associated Press has the story:

IRS wants to end another major tax loophole for wealthy, raise $50B in the process

Newslooks- WASHINGTON (AP) —

The IRS plans to end a major tax loophole for wealthy taxpayers that could raise more than $50 billion in revenue over the next decade, the U.S. Treasury Department says.

The guidance and ruling being announced Monday includes plans to essentially stop “partnership basis shifting” — a process by which a business or person can move assets among a series of related parties to avoid paying taxes.

FILE – Deputy Treasury Secretary Wally Adeyemo speaks alongside from left, Brian C. Turner, FBI associate deputy director, Deputy Attorney General Lisa Monaco, during a news conference at the Justice Department, Jan. 18, 2023, in Washington. Adeyemo on Thursday, June 15, said that the administration’s cap on the price of Russian oil is severely curtailing its greatest source of revenue. “In just six months, the price cap has contributed to a significant decline in Russian revenue at a key juncture in the war,” Adeyemo said in remarks at the Center for a New American Security. (AP Photo/Nathan Howard, File)

Biden administration officials said after evaluating the practice that there are no economic grounds for these transactions, with Deputy Treasury Secretary Wally Adeyemo calling it “really just a shell game.” The officials said the additional IRS funding provided through the 2022 Inflation Reduction Act had enabled increased oversight and greater awareness of the practice.

“These tax shelters allow wealthy taxpayers to avoid paying what they owe,” IRS commissioner Danny Werfel said.

Due to previous years of underfunding, the IRS had cut back on the auditing of wealthy individuals and the shifting of assets among partnerships and companies became common.

The IRS says filings for large pass-through businesses used for the type of tax avoidance in the guidance increased 70% from 174,100 in 2010 to 297,400 in 2019. However, audit rates for these businesses fell from 3.8% to 0.1% in the same time frame.

FILE – IRS Commissioner Daniel Werfel prepares to testify before a hearing, April 27, 2023, in Washington. The IRS said Thursday, May 2, 2024, it’s taken steps to address a wide disparity in audit rates between Black taxpayers and others filers. And the agency is more closely examining the returns of larger numbers of wealthy people and major companies. The discriminatory audits, Werfel told reporters, “degrade trust in our tax system.” (AP Photo/Kevin Wolf, File)

Treasury said in a statement announcing the new guidance that there is an estimated $160 billion gap between what the top 1% of earners likely owe in taxes and what they pay.

Monday’s announcement is part of the IRS’s ongoing effort to zero in on high-wealth tax cheats who manipulate the tax code or don’t pay their taxes at all.

Initiatives announced in the past year have included pursuing people and businesses that improperly deduct personal flights on corporate jets and collecting back taxes from delinquent millionaires.

The IRS plans to raise audit rates on companies with assets above $250 million to 22.6% in 2026, from an 8.8% rate in the tax year 2019. It also plans to increase audit rates by tenfold on large complex partnerships with assets over $10 million.

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