Tax Fraud and Scams Online and Offshore: The IRS Dirty Dozen, Part 2
As part of the Dirty Dozen tax scams and fraud awareness effort, the Internal Revenue Service (IRS) encourages people to report individuals who promote improper and abusive tax schemes, as well as tax return preparers who deliberately prepare improper returns.
In this second installment of our overview of the 2024 Dirty Dozen, we look at the stern warnings issued by the IRS regarding scammers who promote schemes designed to evade taxes, scams targeting the wealthy, and dubious social media advice.
Tax Evasion Pitched as “Tax Strategies”
Thinly veiled tax evasion schemes come in various forms and can pose significant threats to taxpayers, sometimes even involving international elements—for example, concealing money and digital assets in foreign accounts or using foreign captive insurance and foreign individual retirement accounts.
“Taxpayers should be wary of anything that seeks to completely eliminate a legitimate tax responsibility,” says IRS Commissioner Danny Werfel. “[Scammers] continue to peddle elaborate schemes to reduce taxes and make a handsome profit. Taxpayers contemplating these arrangements should always seek advice from a trusted tax professional, not an aggressive promoter focused on pushing questionable transactions to make a buck.”
Some prominent examples include exploitative agreements related to syndicated conservation easements, micro-captive insurance arrangements, foreign individual retirement arrangements, and “hidden” digital assets.
Syndicated Conservation Easements
A conservation easement is a restriction on the use of real property. Generally, taxpayers may claim a charitable contribution deduction for the fair market value of a conservation easement transferred to a charity if the transfer meets the requirements of Internal Revenue Code section 170.
In abusive arrangements, scammers syndicate conservation easement transactions, offering investors the opportunity to claim charitable contribution deductions and corresponding tax savings that far exceed the amount invested. These arrangements generate high fees for scammers and attempt to exploit the tax system with grossly inflated tax deductions.
Micro-Captive Insurance Arrangements
A micro-captive, also known as a small captive, is an insurance company whose owners elect to be taxed on the captive’s investment income only. Abusive micro-captives involve schemes that lack many of the attributes of legitimate insurance, such as implausible risks, failure to match genuine business needs, and unnecessary duplication of the taxpayer’s commercial coverages. The premiums paid under these arrangements are often excessive, reflecting non-arm’s length pricing. The IRS has made enforcement against abusive micro-captive transactions a high priority, prevailing in related Tax Court and appellate court cases since 2017.
Schemes with International Elements
Scammers may also promote tax avoidance through contributing to foreign individual retirement arrangements, which allow contributions in a form other than cash and do not limit the amount of contributions by reference to employment or self-employment activities. By improperly asserting this as a “pension fund” for U.S. tax treaty purposes, the taxpayer claims an exemption from U.S. income tax on gains and earnings in, and distributions from, the foreign individual retirement arrangement.
The Foreign Account Tax Compliance Act (FATCA) plays a critical role in combating tax evasion by U.S. persons holding accounts and other financial assets offshore. It requires most U.S. taxpayers with financial assets outside the United States to report these assets to the IRS, and certain foreign financial institutions must report directly to the IRS about financial accounts held by U.S. taxpayers. Reporting requirements carry penalties for failure to file.
Despite these measures, scammers continue to lure U.S. persons into placing their assets in offshore accounts and structures, falsely claiming they are out of reach of the IRS. These assertions are untrue, as the IRS can identify and track anonymous transactions of foreign financial accounts.
“Untraceable” Digital Assets
Digital assets are digital representations of value recorded on a cryptographically secured, distributed ledger or similar technology. Common examples include convertible virtual currency, cryptocurrency, stablecoins, and non-fungible tokens (NFTs).
Scammers often falsely claim that digital assets are untraceable and undiscoverable by the IRS. In reality, the IRS can track anonymous transactions of digital assets globally. For federal tax purposes, digital assets are treated as property, and general tax principles applicable to property transactions apply to transactions using digital assets.
Aggressive Tax Strategies Targeting the Wealthy
The IRS has also issued a warning to high-income individuals about three specific tax traps designed by scammers and shady tax practitioners. Wealthy taxpayers are particularly susceptible to schemes that promise to reduce their tax burden but can lead to severe legal consequences.
High-income individuals often become targets for various aggressive tax strategies and schemes. These strategies can range from inflated art donation deductions to aggressive charitable remainder annuity trusts and complex shelters designed to delay the payment of gains on property.
Improper Art Donation Deductions
Some scammers exploit art donations by promising inflated values. These scammers encourage taxpayers to purchase art at a “discounted” price, which may include additional services like storage, shipping, appraisal, and donation arrangements. The scammers claim that the art is worth significantly more than the purchase price, encouraging taxpayers to donate the art after a year and claim a tax deduction for an inflated fair market value.
The IRS has a team of professionally trained appraisers who assist in valuing personal property and works of art to ensure compliance with tax laws. Commissioner Werfel warned, “Creativity in art is a beautiful thing, but aggressive creativity in art donation deductions can paint a bad picture for people pulled into these schemes. Taxpayers should be careful to understand the rules and watch out for inflated values or questionable appraisals.”
Charitable Remainder Annuity Trust (CRAT)
A Charitable Remainder Annuity Trust (CRAT) is an irrevocable trust allowing individuals to donate assets to charity while drawing annual income for life or a specific period. However, some scammers misuse CRATs to eliminate capital gains improperly.
In these schemes, appreciated property is transferred to a CRAT, and the transfer is wrongly claimed to provide a step-up in basis to fair market value. The CRAT sells the property without recognizing gain and uses the proceeds to purchase a single premium immediate annuity (SPIA). The beneficiary then reports only a small portion of the annuity as income, misapplying the rules to exclude the remaining payment as a return of investment. Taxpayers should be wary of such schemes, as they misapply the laws relating to CRATs.
Monetized Installment Sales
Monetized installment sales are another aggressive tax strategy used by scammers to defer gain recognition on the sale of appreciated property. In these transactions, an intermediary purchases the property in exchange for an installment note, which typically includes interest-only payments with the principal due at the end of the term.
The seller receives most of the proceeds but improperly delays gain recognition until the final installment payment, often scheduled many years later. This strategy can lead to significant legal trouble as it abuses the tax system.
The IRS urges wealthy individuals to remain cautious and seek advice from independent tax or legal professionals. By avoiding scammers and understanding the rules, taxpayers can protect themselves from schemes that distort tax laws and result in severe penalties.
Bad Tax Advice on Social Media
The IRS has also warned taxpayers about the dangers of bad tax information circulating on social media. Platforms like TikTok are rife with inaccurate or misleading tax advice, which can lead to serious consequences, including identity theft and tax problems.
Social media can often spread incorrect tax information, where users share wildly inaccurate advice. Some schemes involve urging people to misuse common tax documents like Form W-2 or more obscure ones like Form 8944, a technical e-file form not commonly used by taxpayers. Both scams encourage the submission of false information in hopes of obtaining a refund.
The IRS is aware of various filing season hashtags and social media topics leading to inaccurate and potentially fraudulent information.
Fraudulent Advice on Form W-2
One scheme encourages people to use tax software to manually fill out Form W-2, Wage and Tax Statement, and include false income information. Scam artists suggest making up large income and withholding figures, as well as the employer details. They instruct people to file the bogus tax return electronically in hopes of getting a substantial refund, sometimes as much as five figures.
According to the IRS, variations of this scheme involve misusing Form 7202 and Schedule H to claim credits and refunds based on false information.
Form 8944 Scheme
Another example involves Form 8944, Preparer e-file Hardship Waiver Request. False claims circulating on social media suggest that taxpayers can use this form to receive a refund from the IRS, even if they have a balance due. This information is incorrect. Form 8944 is intended for tax return preparers who request a waiver to file returns on paper instead of electronically.
Taxpayers who intentionally file forms with false information can face severe consequences, including civil and criminal penalties, such as criminal prosecution for filing a false tax return and a frivolous return penalty of $5,000.
Verifying Tax Information
The best place for taxpayers to learn how to properly use tax forms and follow legitimate social media channels related to taxes is IRS.gov. The website provides a repository of forms with detailed instructions and links to official IRS social media accounts.
Reporting Fraud
To report such activities, individuals can use the online Form 14242. The form can also be printed and completed to be sent by mail or fax to the IRS Lead Development Center in the Office of Promoter Investigations:
Internal Revenue Service Lead Development Center
Stop MS5040
24000 Avila Road
Laguna Niguel, CA 92677-3405
Fax: 877-477-9135
Alternatively, taxpayers and tax practitioners may send information to the IRS Whistleblower Office for a possible monetary award.
For more information, visit the IRS page on abusive tax schemes and preparers.
This article is for informational purposes only and not for legal or financial advice.
The Tax Place