Investments that yield tax benefits are sometimes called tax shelters and can be legal under federal and state laws. But abusive tax shelters are schemes involving transactions with little or no substance that are not recognized by federal and state taxing authorities and that may create taxpayer liability for interest, penalties, and possible criminal prosecution.
In Vermont, as in other states, there are legitimate tax shelters that offer tax benefits to investors, such as retirement accounts (e.g., IRAs, 401(k)s), municipal bonds, and certain real estate investments. These are legal and recognized by both federal and state tax authorities. However, abusive tax shelters are a different matter. They typically involve complex transactions designed primarily to reduce taxes in ways not intended by the law. While some tax shelter strategies may exist in a legal gray area, those that are clearly abusive and lack economic substance can lead to severe consequences. The Internal Revenue Service (IRS) and Vermont's Department of Taxes are vigilant in identifying and prosecuting abusive tax shelter schemes. Taxpayers involved in such schemes may face substantial penalties, interest on unpaid taxes, and the possibility of criminal charges. It's important for Vermont taxpayers to consult with a knowledgeable attorney or tax advisor before engaging in any transactions that could be considered tax shelters to ensure they comply with both federal and state tax laws.