SAS and the Tax Code

The steps utilized to achieve tax deferral have been in the tax code for almost 100 years. It is important to note that the SAS approach is NOT a tax shelter. Rather, it is simply a way to sell capital assets supported by tax law enacted in 1918.

In 2012 the Office of the Chief Counsel of the IRS issued a memorandum that supports the combination of steps involved which are the foundation for SAS. The memorandum states: “The Transaction allowed Taxpayer to take advantage of tax deferral on the Asset sale, which is permitted result…”.

The size of the IRS tax code photo With the tax code exceeding 72,000 pages, most CPA’s are focused on tax law compliance rather than proactive tax planning. It is therefore not surprising that a CPA may not know about it.

Nevertheless, the SAS has been researched by numerous tax professionals who have concluded that in nearly every situation, the SAS is the most tax-efficient, versatile, unentangled and profitable way to sell capital assets—whether the asset is held for business, investment or personal use.

The SAS does NOT require you to:
  • Use or form a trust, foundation or corporate entity
  • Purchase insurance products
  • Move money off-shore or use foreign accounts
  • Endure a sometimes difficult-to-achieve transaction like that of a 1031 Exchange
  • Hire new tax, legal or financial advisors

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