Business, Legal & Accounting Glossary
Abusive Tax Shelter is an investment scheme that claims to reduce income tax without changing the value of the user’s income or assets
In the USA, this is a financial arrangement (often involving complex transactions through a trust or partnership) that aims to reduces an entities liability to tax and is judged to serve no legitimate business purpose beyond this.
The Internal Revenue Service (IRS) frequently publishes a list of transactions that are considered abusive; any taxpayer who makes use of such an arrangement; or one that resembles it; may be charged back taxes plus interest.
In the UK, the General Anti-Abuse rules similarly aim to outlaw “artificial and abusive” tax shelters.
An abusive tax shelter is a type of investment arrangement that claims tax deductions that the IRS considers to be illegal. These shelters may engage in a variety of activities, including inflated appraisals, nonrecourse loan losses, mischaracterization of transaction substance, mismatched income and deductions, unrealistic allocations, and unusual financing techniques. Invested funds are typically routed through partnerships or trusts under these arrangements. An abusive tax shelter serves no economic purpose; it exists solely to reduce investors’ income taxes.
Investors are liable for back taxes, penalties, and interest charges if this type of arrangement is declared illegal.
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This glossary post was last updated: 13th April, 2022 | 0 Views.