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Mark Newfield's avatar

Really useful. Thank you.

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Dave Nadig's avatar

Thanks for your support!

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derek's avatar

Thanks Dave. Refreshing to know that there are still good people doing new white hat work in the ETF space.

Btw. Is there a better alternative to BOXX for the part of one’s portfolio where we want short term treasury yields but treated as cap gains rather than current income?

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Dave Nadig's avatar

BOXX is a tricky one. There's really not another magic tax-washer fund that I know of. THe BEST way to do this would be in an ETN where the tax treatment is very clearly prepaid forward contracts. If you want the income NOW but want it treated as LT cap gains instead of current income, I think you're crossing over that ol' IRS "Economic Substance Doctrine."

In short: if a structure exists ONLY as a tax dodge, the IRS can come knocking. From USC 26-7701. Not a tax guy by trade, but I've seen plenty of ETF ideas die on this language:

"o) Clarification of economic substance doctrine

(1) Application of doctrine

In the case of any transaction to which the

economic substance doctrine is relevant, such

transaction shall be treated as having economic

substance only if—

(A) the transaction changes in a meaningful

way (apart from Federal income tax effects)

the taxpayer’s economic position, and

(B) the taxpayer has a substantial purpose

(apart from Federal income tax effects) for

entering into such transaction."

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derek's avatar

Thank you very much! I had a hunch that if you replied, it would be high-quality. But you went for a ultra high-quality reply and I really appreciate your extra thoughtfulness.

Keep up your great work!

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