One of the selling points of ETFs is that they can be highly tax-efficient for managing capital gains and losses, but wealthy investors may have to rethink certain ETF tax-deferral strategies following recent communications from the Internal Revenue Service and U.S. Treasury. At issue are certain use cases of Section 351 exchanges , in which wealthy individuals, through an intermediary, create new ETFs with a basket of highly appreciated stocks. The intent is to defer capital gains taxes — which remains a legitimate strategy, but with additional qualifications, according to new guidance from tax authorities.
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