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re: Fee Simple “Investment” - Tax Play

Posted on 10/7/24 at 4:50 pm to
Posted by bamaswallows
Baton Rouge
Member since Dec 2007
1204 posts
Posted on 10/7/24 at 4:50 pm to
sounds exactly like a conservation easement to me. I'm in 3 and all are being audited currently. Pretty pissed about it.
Posted by Enadious
formerly B5Lurker City of Central
Member since Aug 2004
18539 posts
Posted on 10/7/24 at 4:53 pm to
NO!
Posted by Weagle25
THE Football State.
Member since Oct 2011
47470 posts
Posted on 10/7/24 at 9:46 pm to
quote:

This is not a conservation easement

Explain a conservation easement to me.
Posted by lsu13lsu
Member since Jan 2008
11767 posts
Posted on 10/8/24 at 7:50 am to
quote:

such as claiming there is a very profitable mineral on the land that could be mined


I declare profitable minerals!

In my Michael Scott voice.
Posted by StonewallJack
Member since Apr 2008
933 posts
Posted on 10/8/24 at 8:16 am to
I seen this on the Sopranos!

It worked out for them!
Posted by jordan21210
Member since Apr 2009
14132 posts
Posted on 10/8/24 at 10:54 am to
LOL

Do not do this. Get a new CPA.
Posted by Dead Mike
Cell Block 4
Member since Mar 2010
3933 posts
Posted on 10/8/24 at 9:41 pm to
quote:

He actually brought this up on his own & mentioned the court cases. This isn’t a conservation easement scheme.


“This isn’t a pyramid scheme, this is an inverted triangle arrangement.”
Posted by makersmark1
earth
Member since Oct 2011
20445 posts
Posted on 10/9/24 at 4:54 am to
quote:

But given that the entire point of investing in these things is to reduce taxes


The point of an “investment” is for the stock, property, object, asset, etc to increase in value over an interval of time.

Taxes are part of life. Abiding by the tax code is part of investment evaluation.

BUT this scheme is “too good to be true.”

There are some “tax” things that you can work in your favor. When I’m through with a car, I donate to a car ministry that gives the full value of the car as a tax deductible amount. This is LEGAL because they GIVE the car to someone in need- not auctioned off for money(which is all you can deduct in that setting.)

Donating appreciated securities is legal and can save you taxes.

And don’t think that having a 1099 business is the golden ticket to a life of tax deductions. Every business expense must be documented. You can’t join 4 golf clubs and take the fees off as business expenses. You can’t take every lunch as a business expense. You can’t take football tickets as a business expense, and on and on and on.

When I started a 1099 business, a friend said, “you’re going to have it great, you’ll get to deduct so much.” He did not know the rules or tax code.

Invest your money for the long term. Don’t put all your eggs in one basket. Trees don’t grow to the sky.

South sea bubble, Tulipmania.

Manias, crashes, panics.

Quit wasting energy on elaborate schemes. There is no free lunch. Nothing is easy. The IRS is not retarded.

Why would anyone give you the opportunity to avoid taxes if it is such a good deal they should hold tight for themselves?
This post was edited on 10/9/24 at 8:28 am
Posted by slackster
Houston
Member since Mar 2009
91362 posts
Posted on 10/9/24 at 7:19 am to
quote:

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.


The IRS will come after you years later and you’ll pay out the arse. Seriously.
Posted by slackster
Houston
Member since Mar 2009
91362 posts
Posted on 10/9/24 at 7:21 am to
quote:

Explain a conservation easement to me.


Basically exactly what the OP is describing but by a different name.

Too good to be true tax scheme that has been blown to smithereens by the IRS recently.
Posted by PetroBabich
Donetsk Oblast
Member since Apr 2017
5066 posts
Posted on 10/9/24 at 7:55 am to
Sounds like it will work great until it doesn't and then you'll have a lot of explaining to do to the IRS.
Posted by makersmark1
earth
Member since Oct 2011
20445 posts
Posted on 10/9/24 at 8:29 am to
quote:

pay out the arse.


And then IN the a$$ while you are in federal penitentiary
Posted by dirtsandwich
AL
Member since May 2016
6523 posts
Posted on 10/9/24 at 9:11 pm to
quote:

Basically exactly what the OP is describing but by a different name.

I think that was Weagle’s point. He was asking OP to describe a conversation easement to prove to OP it is exactly what he described in his first post.

I’ll reiterate that question to the OP. How is what you’ve described/your CPA is pitching different from a conversation easement? I don’t see any differences. But the more important question is would the IRS?
Posted by Hou_Lawyer
Houston, TX
Member since Jun 2019
2173 posts
Posted on 10/9/24 at 9:24 pm to
quote:

I think that was Weagle’s point. He was asking OP to describe a conversation easement to prove to OP it is exactly what he described in his first post. I’ll reiterate that question to the OP. How is what you’ve described/your CPA is pitching different from a conversation easement? I don’t see any differences. But the more important question is would the IRS?


He pinged me today- I’m going to ask him this exact question and report.
Posted by slackster
Houston
Member since Mar 2009
91362 posts
Posted on 10/9/24 at 9:51 pm to
quote:

He pinged me today- I’m going to ask him this exact question and report.


My suspicion is that he will say a bunch of gibberish that basically means they just have a different name.

In fact, if you look into fee simple donations, you’ll find many CPA blogs and newsletters that basically say “since the IRS has cracked down on conservation easements, we do these now instead.”

What they don’t say is the hundreds of thousands of dollars people who tried them are now paying back, plus interest. I have a client who was warned not to do it by his CPA but did it anyway, and 5 years later he’s on the hook for over $500,000.
Posted by slackster
Houston
Member since Mar 2009
91362 posts
Posted on 10/9/24 at 10:15 pm to
Interesting Newsletter on Fee Simple and Easements

Finding a diamond in the rough that no one else can see is one thing, and the IRS typically agrees, but companies that are soliciting them explicitly for tax avoidance create a ton of very obvious problems.
Posted by Weagle25
THE Football State.
Member since Oct 2011
47470 posts
Posted on 10/10/24 at 7:53 am to
quote:

I think that was Weagle’s point. He was asking OP to describe a conversation easement to prove to OP it is exactly what he described in his first post.

Nailed it.
Posted by dirtsandwich
AL
Member since May 2016
6523 posts
Posted on 10/10/24 at 9:17 am to
In looking at it a little more closely, I think the difference is the gifting of the land in fee simple as opposed to the use of a conservation easement to restrict use. Not sure the IRS will buy it but I think that’s what OP’s CPA will say.
Posted by makersmark1
earth
Member since Oct 2011
20445 posts
Posted on 10/10/24 at 11:53 am to
1. I buy land.
2. Sell shares in land.
3. Get an appraiser to say it’s worth way more than I paid.
4. Give land away.

5. Prepare to hear theses words, “will the defendant please rise” and “how to you plea to the charges.”

Also, “you want some chocolate, boyfriend?”
Posted by Weagle25
THE Football State.
Member since Oct 2011
47470 posts
Posted on 10/10/24 at 3:12 pm to
You keep repeating something on a topic you have no idea about
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