taxes

 http://www.nytimes.com/2011/11/27/business/estee-lauder-heirs-tax-strategies-typify-advantages-for-wealthy.html?_r=2&pagewanted=1&hp#

As he stood in the opulent marble foyer of a Fifth Avenue mansion late last month, greeting the coterie of prominent guests arriving at his private art gallery, Ronald Lauder was doing more than just being a gracious host.

To celebrate the 10th anniversary of the Neue Galerie, Lauder's museum of Austrian and German art, he exhibited many of the treasures of a personal collection valued at more than $1 billion, including works by Vincent Van Gogh, Paul Cézanne and Henri Matisse, and a Gustav Klimt portrait he bought five years ago for $135 million.

Yet for Lauder, an heir to the Estée Lauder fortune whose net worth is estimated at more than $3.1 billion, the evening went beyond social and cultural significance. Just beneath the surface was a shrewd use of the U.S. tax code. By donating his art to his private foundation, Lauder has qualified for deductions worth tens of millions of dollars in federal income taxes over the years, savings that help defray the hundreds of millions he has spent creating one of New York City's cultural gems.

The charitable deductions generated by Lauder — whose donations have aided causes as varied as hospitals and efforts to rebuild Jewish identity in Eastern Europe — are just one facet of a sophisticated tax strategy used to preserve a fortune that Forbes magazine says makes Lauder the world's 362nd-wealthiest person.

From offshore havens to a tax-sheltering stock deal so audacious that Congress later enacted a law forbidding the tactic, Lauder has for decades aggressively taken advantage of tax breaks useful only for the most affluent.

The debate over whether to reduce tax shelters and preferences for the rich is one of the most volatile in Washington and will move to the presidential campaign.

Some billionaires, including Warren Buffett and Bill Gates, have joined Democrats in calling for an elimination of the breaks, saying the current system adds to the budget deficit, contributes to the widening income gap between the richest and the rest of society, and shifts the tax burden onto small businesses and the middle class. Republicans have resisted, saying the tax increases on the wealthy would harm the economy and cost jobs.

Big money, big ideas

The tax burden on the nation's superelite has steadily declined in recent decades, according to a sliver of data released annually by the IRS. The effective federal income-tax rate for the 400 wealthiest taxpayers, representing the top 0.000258 percent, fell from about 30 percent in 1995 to 18 percent in 2008, the most recent data available.

When Lauder ran unsuccessfully for the Republican nomination for mayor of New York and released his tax return to the public, he reported paying 30 percent in total federal, state and city taxes on about $30 million in income in 1988. At the time, his net worth was estimated at nearly $250 million.

Lauder's more recent tax returns remain private, and he declined to make them available for this article.

Lauder, 67, was born into a storied American fortune. His mother, Estée Lauder, the daughter of Eastern European immigrants, began selling homemade beauty creams at a few New York City hair salons in the 1940s and built her product line into a multibillion-dollar global empire.

As the son of a fabulously wealthy fashion icon, Lauder developed aristocratic tastes — and grand aspirations — at an early age. He summered in Vienna as a boy, developing a passion for Austrian art and medieval armor. At 13, he bought his first Egon Schiele work with money from his bar mitzvah. He grew so enthralled by politics as a young man that he told friends he dreamed of becoming the first Jewish president of the United States.

While the family's wealth was created by hard work and ingenuity, it was bolstered by aggressive tax planning, a skill that has become Ronald Lauder's specialty. When Lauder's father, Joseph, died in 1983, relatives fought the IRS for more than a decade to reduce their estate tax. The dispute involved a block of shares bequeathed to the family; the estate valued it at $29 million, while the IRS placed it at $89.5 million. A panel of judges ultimately decided on $50 million, a decision that saved the estate more than $20 million in taxes.

"Truly rich" tax code

Lauder's stake in Estée Lauder Cos., according to regulatory filings, is valued at more than $600 million. Nearly $400 million of that stock is pledged to secure various lines of credit. Many financial planners consider it imprudent for principal shareholders in a company to borrow against their stock. But it remains a popular way for wealthy taxpayers to get cash out of their holdings without selling and paying taxes.

"There's real truth to the idea that the tax code for the 1 percent is different from the tax code for the 99 percent," said Victor Fleischer, a law professor at the University of Colorado. "Any taxpayer lucky enough to have appreciated property is usually put to a choice: cash out and pay some tax, or hold the property and risk the vagaries of the market.

Only the truly rich can use derivatives to get the best of both worlds: lots of cash and very little risk."

In 1976, at age 32, Lauder's donations helped him become the youngest trustee of the Metropolitan Museum of Art. He later served as chairman of the Museum of Modern Art and remains an honorary chairman.

He has donated and lent artwork to an assortment of museums. Part of his collection of lavishly decorated ceremonial armor is on display at the Met, in a gallery named for him.

As all art collectors may, Lauder is entitled to deduct the full market value of artworks donated to museums. For years, Lauder availed himself of a quirk in the tax code that allowed donors to take a deduction for donating a portion of an artwork, without handing over the art. That break, known as fractional donation, was eliminated in 2006. The tax code also allows artwork in offices to be deducted as a business expense.

Unlike some wealthy collectors who are criticized for using tax breaks to underwrite private collections that offer little access to the public, Lauder is widely praised for making his artwork a community asset.

Some tax-overhaul advocates say it is unfair that the wealthiest can subsidize their lifestyles using myriad offshore maneuvers and complex accounting strategies.

"It's admirable when people back their charitable impulses up with donations," said Scott Klinger, tax-policy director of the group Business for Shared Prosperity.

"But the tax code shouldn't allow the wealthy the kind of loopholes that let them, essentially, force other taxpayers to underwrite donations to their pet causes."