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Fee Simple “Investment” - Tax Play

Posted on 10/5/24 at 11:55 am
Posted by Hou_Lawyer
Houston, TX
Member since Jun 2019
2090 posts
Posted on 10/5/24 at 11:55 am
My CPA (aggressive) reaches out to me last week. The company is pitching a fee simple tax investment strategy. I had never heard of it. Have to have a certain income to even qualify for the lowest investment. Here’s the low down:

(Taken from a forum but is the same thing he pitched)

- an LLC is created that purchases a piece of land at price X
- they then have gotten the land appraised with a much higher appraisal value than what they paid for it. My understanding is this could be for a number of reasons (such as claiming there is a very profitable mineral on the land that could be mined, etc)
- then the investment is offered to individual investors
- Then basically the piece of land gets donated to charity at the higher appraisal value. Technically, each individual investor votes on whether they want to donate it or not and the majority wins out. But given that the entire point of investing in these things is to reduce taxes, 99% of the time the vote is to donate the land.
- each individual investor then gets to deduct the donation from there income using the higher appraisal value. For instance, the one I have been approached with I would get to invest 25k and then deduct $125k from my income. Basically giving me around a 45k tax deduction

Basically, I have just given 25k to get a 45k reduction in taxes and I net 20k.


TLDR: invest $25k. Deduct $125k from taxes under the charity item. Nets $45k from your tax return
CPA fee is also $6k to set the deal up

Obviously, audit is the risk but he said they’ve been doing this for 10years w numerous clients and have never been audited. This is not a conservation easement play which is a big red flag w the IRS. I’m pondering it.
Posted by makersmark1
earth
Member since Oct 2011
18613 posts
Posted on 10/5/24 at 12:03 pm to
“If it sounds to good to be true…………”
Posted by plaric
Pike Road, Alabama
Member since Jun 2011
2259 posts
Posted on 10/5/24 at 12:12 pm to
Sounds like blatant fraud to me
Posted by KajunLass
Member since Apr 2022
349 posts
Posted on 10/5/24 at 1:16 pm to
Time to get a new CPA.

I want a CPA to prepare my tax return and find as many loopholes as possible, not peddle fraudulent investment schemes.
Posted by lynxcat
Member since Jan 2008
24749 posts
Posted on 10/5/24 at 1:17 pm to
I wish people in tax were being used professionally to solve productive things for the world. Too many great minds wasted in this space.
Posted by Rize
Spring Texas
Member since Sep 2011
17467 posts
Posted on 10/5/24 at 1:44 pm to
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
44469 posts
Posted on 10/5/24 at 5:57 pm to
It's all fun and games until you get audited. Then they'll audit your CPA and all of his clients. Dude will likely do some time. Im guessing the appraisals are always higher since they use the same appraisal companies. IRS will then pound your arse with penalties and interest and open up a bunch of other of your tax years (check out the penalties on fraud, theyre absurd). Audit will take years and you will want to blow your brains out dealing with the IRS

At the end you'll be living in a van down by the river giving ZJs at the local underpass for $10/pop
This post was edited on 10/5/24 at 5:59 pm
Posted by dirtsandwich
AL
Member since May 2016
6022 posts
Posted on 10/5/24 at 7:58 pm to
https://www.polsinelli.com/publications/bare-knuckle-conservation-easement-brawl-leaves-participants-in-limbo
quote:

Two recent tax court cases paint an ominous picture for professionals and investors who participated in listed syndicated conservation easement transactions. Coming on the heels of the Fisher conviction and his lengthy sentence; these cases show how the evidence in IRS civil proceedings may lead to criminal exposure for professionals and significant liabilities for investors.
Posted by Hou_Lawyer
Houston, TX
Member since Jun 2019
2090 posts
Posted on 10/5/24 at 8:24 pm to
quote:

Two recent tax court cases paint an ominous picture for professionals and investors who participated in listed syndicated conservation easement transactions. Coming on the heels of the Fisher conviction and his lengthy sentence; these cases show how the evidence in IRS civil proceedings may lead to criminal exposure for professionals and significant liabilities for investors.


He actually brought this up on his own & mentioned the court cases. This isn’t a conservation easement scheme.
Posted by bigjoe1
Member since Jan 2024
975 posts
Posted on 10/5/24 at 8:24 pm to
Would be careful here. This scam has been around in different forms for years..In the early 80's I knew some people that got involved with something
called Jackie's Fine Art.They bought art got a high appraisal and donated the pieces to museums and universities and tried to take the write off on the false appraisal. They got reamed.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
39315 posts
Posted on 10/5/24 at 10:56 pm to
Every time CPA firms pitch tax savings plans like this, it becomes a huge problem.
This post was edited on 10/5/24 at 11:03 pm
Posted by lsu for the win
Member since Jun 2022
1301 posts
Posted on 10/6/24 at 5:49 am to
Van down by the river. Classic.
Posted by geauxpurple
New Orleans
Member since Jul 2014
14976 posts
Posted on 10/6/24 at 11:50 am to
How much are you going to have to pay to this CPA to try to get you out of this mess when you get audited?
Posted by TJack
BR
Member since Dec 2018
3059 posts
Posted on 10/6/24 at 11:51 am to
quote:

I wish people in tax were being used professionally to solve productive things for the world. Too many great minds wasted in this space.

This!
I’m a tax guy. And too many folks want that cheat code.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
39315 posts
Posted on 10/6/24 at 1:06 pm to
quote:

I’m a tax guy. And too many folks want that cheat code.


If you are an employee, there are very few cheat codes these days

If you have your own business, there are more, but a lot of them require being overly aggressive.
Posted by Drizzt
Cimmeria
Member since Aug 2013
14469 posts
Posted on 10/6/24 at 2:43 pm to
quote:

At the end you'll be living in a van down by the river giving BJs at the local underpass for $10/pop


Talk about painting a picture. This should be a PSA for the IRS.
Posted by Thundercles
Mars
Member since Sep 2010
6052 posts
Posted on 10/6/24 at 3:21 pm to
I don't understand the tax code that well but just reading this feels like fraud. There are likely thousands of these schemes going on around the country, maybe 5% get caught I imagine. But being part of that 5% is deterrent enough for me to stay far away.

I don't know if you got this as you were writing, but you are talking about lying to the federal government about property values and donations to avoid paying income tax. They do not take that lightly.
Posted by Hou_Lawyer
Houston, TX
Member since Jun 2019
2090 posts
Posted on 10/6/24 at 4:57 pm to
quote:

How much are you going to have to pay to this CPA to try to get you out of this mess when you get audited?


I asked if there was audit protection/insurance. He said no.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
44469 posts
Posted on 10/6/24 at 5:00 pm to
quote:

I asked if there was audit protection/insurance


Yeah, no shite. If you are getting audited then so is he and all of his other clients who thought it was a genius scheme. What he is doing is fraud and is likely criminal.
Posted by makersmark1
earth
Member since Oct 2011
18613 posts
Posted on 10/6/24 at 5:30 pm to
quote:

At the end you'll be living in a van down by the river giving ZJs at the local underpass for $10/pop


He could increase his revenue by servicing one in each hand, one in his mouth, and one in his butt after he gets stretched in prison.
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