- Buy N paintings form one artist for $1 million USD a piece.
- Put 1 painting up for auction.
- Have coconspirators bid the painting up to say $20 million.
- Buy your own painting for $20 million, and imply that your other paintings by the same artist are also worth $20 million.
- Donate a "$20 million" painting to an art museum (that maybe you control) & save $10 million in taxes.
- Complain about tax hikes on the rich as the not-rich subsidize your art collection
[1] The Economics Of The Art Market: Why This Painting Isn't Worth $450 Million -- https://youtu.be/V5sOuET8UWA
I guess you'd have to spend $20 million on the painting, but you're buying it from yourself, so in reality you're only on the hook for the 2% fee from the auction house.
What people really do this for is insurance fraud. Buy some paintings for $1M each, get them appraised and insured for $20M each, then somebody "steals" them or you have a convenient structure fire and make the N*$20M insurance claim.
In this example, you get a $20M deduction and you don't have to realize the $19M gain.
Depending on how the shill purchase in the hypothetical is arranged, you might have realized a gain there... but then again, maybe you just pay the auction fees.
Original: Holding a year or not doesn't matter for donating appreciated assets, AIUI
Nope. Think of it this way:
- you lobby government to make charitable donations tax deductible, meaning you can reduce your income by the stated value of the donation
- you use the auction house hack to inflate the value of the painting from $1_000_000 USD to $20_000_000 USD buy buying it from yourself
- No one will buy your painting for $20_000_000 USD, so it's not really worth that in the open market, but the art museum (in your backyard & founded by you) will give you a receipt stating the art is worth $20_000_000 USD
- Unless you reduce your income, your tax rate is 50%, so you donate the inflated art piece (to your art museum in your backyard), give yourself a receipt for the donation
- You attach that receipt to your tax return, lowering your taxable income from $A_LOT to $A_LOT minus $20_000_000, which at a 50% tax rate saves you $10_000_000 in taxes
Isn't that a realization event right there?
Obviously, the described scheme could still work if you sold one painting to yourself, and then donated N paintings based on that valuation.
[1] https://www.fidelity.com/viewpoints/personal-finance/tax-bre...
Selling an item at auction and buying it yourself isn't exactly a charitable contribution.
This way you pay cap gains on 19 million but can offset 20 million of charity donations against the gain.
For example, if you bought $1 of a stock that appreciated to $1000 and they increased the capital gains rate to 60%, you wouldn't pay any taxes. The IRS would take in less money from the higher rate. Because even if you don't care about charity at all, you'd donate half the stock to a charity when you go to sell the other half and keep 50% of the money instead of 40%. The IRS would get nothing instead of whatever they got at the lower rate.
But the tax code is full of bizarre incentives and rich people not paying any taxes, so apparently this is one of them. (Which at least has the benefit of encouraging charitable donations.)
This is because the cost basis of assets "steps up" on the owner's death to the fair market value at that date - without any capital gains owed. So if you own $10m of non-dividend paying stock, you can comfortably borrow and spend $200k/yr against it, pay no income or capital gains taxes, and when you die your heirs don't owe any capital gains either and can sell off a portion to repay the loan.
For example: "Donating non-cash items to a charity will raise an audit flag if the value exceeds the $500 threshold for Form 8283, which the IRS always puts under close scrutiny. If you fail to value the donated item correctly, the IRS may deny your entire deduction, even if you underestimate the value."
https://budgeting.thenest.com/much-should-donate-charity-tax...
(Sometimes it is just bribery or money laundering, transferring worthless hard-to-value art for millions is ideal not just for tax fraud.)
Sure, the idea is that you only realize the gain on one work by the artist, and then can donate multiple. But even at one work “sold” and one donated its a win if you hold the piece for a year and a day before selling, since you (assuming you are at the top marginal rate for income and cap gains for simplicity) pay cap gains on $19 million @ 20% ($3.8 million) and then get a deduction of $20 million against income that would be taxed @ 37% (saving $7.4 million) for a net savings (even after the $2 million cost of purchasing the paintings) of $1.6 million.
That said the general premise is valid. The loophole comes from the fact that when you donate something, you don't have to pay capital gains on it, yet you can deduct the full value from your returns[1].
[1] "If you donate long-term appreciated assets like bonds, stocks or real estate to charity, you generally don’t have to pay capital gains, and you can take an income tax deduction for the full fair-market value." https://www.fidelitycharitable.org/guidance/charitable-tax-s...
Maybe before the cap, you could argue that the true combined marginal rate was lower than 50% since the deduction for the state income tax would offset some of the federal tax, but a $10k deduction doesn't matter much to someone who's making enough to be in the top income brackets.
Because your taxable income is $20 million less after the donation, and the top marginal tax rate (if you're rich enough to be playing this kind of game) is 37%.
The waters get a bit muddier with the capital gains tax you might be paying on the original sale, but presumably with the right accountant you're still saving some millions, whether 3 or 8 or 10.
You also have to subtract the cost of the painting, unless you consider that a sunk cost (ie. you were already planning on buying the $10M painting)
High art is valuable because high art is expensive. I'm not losing $450 million when I buy a $450 million painting any more than I lose money when I buy a house.
This whole thing is a conspiracy theory created by judgemental people with null knowledge of art to complain about the latest modern art pieces and it spiraled out of control to an urban myth in the level of "the Facebook app is secretly using your microphone" or "vaccines give you tracking microchips".
Everything is made up and the example cited above is very close to the story of “For The Love of God” by Damien Hirst [0]
The sculpture is more of a pointer, or some direct object upon which could be acted the work of art which was the financing valuation and theoretical sale of the work
In most experiences, it starts with how anything is priced. How long did it take to make it and how much money did it take to do so. Plus some. And then what will someone pay for it.
But that’s just “most” and that never makes headlines or anecdotes
(I don't understand NFTs so I may be incorrect on details).
*edited, said “VC” prior
Now if they become worth $1 each and he sells them at that price then it is a taxable event. The threshold may have changed with respect to gifts but if the coins were worth $1 at the time they were initially transferred there may be a taxable event, I think it used to be $50k was tax free.
“The late Chairman Lee’s collection of antiques, Western paintings and works by Korean artists — approximately 23,000 pieces in total — will be donated to national organizations,” they said, in recognition of his passion for art collection and “his belief in the importance of passing on our cultural heritage to new generations.”
I wonder what the pieces will be valued at.
> You have zero-basis stock that is “really” worth $100, but that happens to be trading at $300 right now because the market doesn't know the bad news that you know. If you sell it, you get $300, pay 20% tax, keep $240, and go to prison for insider trading. Or you can wait until the news is public, sell it for $100, pay 20% tax, keep $80 and avoid prison.
> But if you donate it while it’s still trading at $300, you get a $300 tax deduction, which is worth $120, which is more than $80. And you don’t go to prison because you never traded the stock while you had inside information.
https://www.bloomberg.com/opinion/articles/2021-04-28/elon-m...
I have no clue why non-liquid donations are allowed. Stock with a clear market value (publicly traded) seems fine, but everything else should require an arm’s length transaction to liquidate the asset.
(And maybe you would be able to 1) book the donation in the year you initiate the sale to account for assets that take a long time to sell, and 2) still have gains exempt provided all proceeds are going towards a donation.)
As a refresher for folks, the term comes from stocks. For example, the Nuance stock was trading at $43.58 on April 9. Multiply that times the number of shares and you get about $13 billion. That's the market capitalization. This is a meaningful number because if another company wants to buy it, they'll have to pay at least that much. And indeed, when Microsoft bought it, they paid $19.7 billion. [1]
But commodities and currencies don't work that way. If you want to buy a little gold, you pay $57k/kilo. But if you want to buy all the gold? There's not enough money in the world. If you discover a mountain of gold, can you sell at that price? No way. In both cases, the price is a balance point between supply and demand at the moment. If you change supply or demand, you get big price swings. You can calculate "market cap" for USD or gold, but it's not a meaningful number.
That's even more true for cryptocurrencies. Dollars and gold at least flow freely. But supply of cryptocurrencies are, as this article shows, totally arbitrary. And demand, both actual and apparent, is heavily manipulated. Using the term "market cap" is just another way to make raw speculation look like investment.
[1] https://www.forbes.com/sites/joecornell/2021/04/20/microsoft...
Stocks are "very liquid" because, outside of some share classes, you could theoretically buy nearly all the stocks. Even more importantly, you could almost always sell your entire portfolio in a single day if you wanted to, for the vast majority of stocks.
BitCoin, is that "very liquid?" There are thousands of trades every day, but what would actually happen if someone tried to unload "all" of the coins? If Satoshi popped up and tried to sell their coins, which are nominally worth over $8 billion, could they do it? Almost certainly not.
Whether you believe something has value or not doesn't matter. Velocity and liquidity matter.
No Satoshi can't sell his billions in a day but he can milk the market for millions daily. The market is that mature _today_
It sort of does. We can talk about the monetary base, but it's not a great way to understand the value of an individual dollar because the whole isn't really meaningful in a precise way. A whole company can be purchased and still have value. That gives market cap, as a metric, grounding.
The metric works, it's just that people keep making false claims from it.
You don't, though. The price would change if you attempted to do so. You can buy a company because you offer the company a value for all their shares; if enough of their shareholders approve the deal, it's done.
You can't do the same with Bitcoin, or copper. Each requires reaching out to individual owners/producers, and the sales affect the price for the next purchase. If you tried to buy all BTC in existence, the price would go up. If you tried to offload a bunch, it'd crash.
It's highly unlikely you could sell $1T worth of BTC without driving the price massively downwards.
Nobody said that. We clearly acknowledge that it is at least market cap.
The name cryptocurrency is a misnomer for many of the new generation blockchains. They are not just currencies and they're also not a commodity like gold. You can think of a currency like Ethereum more like a decentralized company offering infrastructure services. It also has aspects of a currency and of a commodity. It's a bit of everything.
> It's highly unlikely you could sell $1T worth of BTC without driving the price massively downwards.
Same goes for any stock.
Reminds me of a joke:
Q. What do you call a dog without legs?
A. Doesn't matter, it won't come when you call.
You do get meaningful voting rights, but the governance process is quite a bit different from a traditional company.
The reason this scammy verbiage works is because it violates "linguistic norms". Congregations are "large" things in peoples minds, so when you claim to double it, the image that comes to mind is adding a substantial number. By violating these norms, you can lie without lying. It's a neat trick, the use of which has been mastered by the legal profession. But the technique clearly has wider applications, sadly.
Edit: I was wrong. It's "only" ~50% of Congress, assuming the numbers are roughly the same since 2016. source: https://www.vox.com/polyarchy/2016/6/30/12068490/too-many-la... That's still a huge number, compared to the % of general population who are lawyers. In the US there are 1.4M lawyers; if the pop is 350M then they are 0.4% of the population - and a much smaller fraction of the adult working population (roughly .02%).
Yeah, I mean - there's a reason people that write software are mostly engineers.
And due to news articles people have been buying? Everything seems to be a pump and dump but get out before everyone else does i guess.
https://www.bloomberg.com/opinion/articles/2021-04-20/hometo...
In reality they probably count on most people not circulating them.
E.g. I work on a Cross-chain bridge project (currently for BSC-Polygon) [0] and technically we have a market cap of 1.4m right now but practically the liquidity in exchanges is still just in the thousands so that's all you can cash out if you try to.
On the other hand, comparing e.g. ETH and BTC's market cap is a lot more useful since they have a lot of and comparable enough liquidity.
It’s a statistic, not a measure.
Go figure
"Tough shit, pay up."
Is there an IRS mechanism for rejecting an un-rejectable transfer?
edit, the more comprehensive comment: https://news.ycombinator.com/item?id=26968635
https://signalvnoise.com/posts/1941-press-release-37signals-...