I just learned billionaires use a loophole to only pay 3.4% in taxes. How is that legal? Can I do that?

I just learned billionaires use a loophole to only pay 3.4% in taxes. How is that legal? Can I do that?


June 30, 2026 | Jesse Singer

I just learned billionaires use a loophole to only pay 3.4% in taxes. How is that legal? Can I do that?


The Billionaire Tax Mystery

How can someone worth billions pay a lower tax rate than a teacher, a nurse, or a guy working construction? They make a whole lot more and pay a whole lot less. This can't be legal....Can it?

It Sounds Completely Backwards

For most of us, earning more money usually means paying more taxes. That's why the billionaire stories seem so shocking. If someone is making millions—or billions—shouldn't they be paying dramatically more than everyone else? The answer depends on one very important detail that most headlines leave out.

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The Story That Made Everyone Mad

Let's be honest. Most people already suspect the wealthy have access to tricks and strategies the rest of us don't. So when reports started claiming some billionaires were paying tax rates lower than teachers, nurses, and construction workers, plenty of Americans weren't shocked. They were furious. It sure sounds like the rich have found yet another way to skirt the rules while the rest of us pick up the tab.

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The Famous 3.4% Number

The widely discussed 3.4% figure came from a ProPublica investigation that compared federal income taxes paid by some of America's wealthiest individuals to the growth of their fortunes over several years. The findings sparked a national debate and left a lot of people asking the same question: are the wealthy playing by a completely different set of rules?

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Wait, 3.4% Of What?

This is where things get interesting. When most people hear 'tax rate,' they assume we're talking about income. But the famous 3.4% figure wasn't calculated using traditional income alone. Instead, it compared taxes paid to increases in overall wealth. That distinction changes everything.

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So Why Doesn't The IRS Tax It?

At first glance, it seems obvious. If a billionaire gets billions of dollars richer, why wouldn't the IRS tax that increase? The answer comes down to one of the most important concepts in the tax code: the difference between wealth and income. And that distinction is where this entire debate begins.

Businessman counting cash at a desk with documents and a laptop in an office.Tima Miroshnichenko, Pexels

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The Part That Really Makes People Angry

Imagine you own stock worth $100 million. A year later it's worth $150 million. On paper, you are now $50 million richer. Yet unless you actually sell some of those shares, the IRS generally doesn't consider that $50 million taxable income. For many critics, that's the part that feels completely wrong.

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Wealth And Income Are Not The Same Thing

If you earn a paycheck, that's income. The IRS taxes it. But if you own stock, real estate, or a business that rises in value, you become wealthier without necessarily receiving any income. Under current tax law, those gains usually aren't taxed until the asset is sold.

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If They Aren't Getting Paychecks, How Do They Buy Things?

This is where many people get confused. If billionaires aren't selling assets and generating taxable income, how do they afford private jets, yachts, mansions, and everything else? The answer leads directly to one of the most talked-about strategies in modern tax debates.

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The Strategy Critics Can't Stop Talking About

You've probably heard the phrase 'Buy, Borrow, Die.' It's not an official IRS rule or a single loophole. Instead, it's shorthand for a collection of legal strategies that can allow some wealthy individuals to grow their fortunes, access cash, and minimize taxes without breaking any laws.

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Step One: Get Rich Without Selling

The first step is simple in theory: own assets that increase in value. Stocks, businesses, real estate, and other investments can appreciate for decades. As long as those assets aren't sold, the gains generally remain unrealized and outside the income tax system.

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Step Two: Spend Money Without Creating Income

Instead of selling assets and triggering taxes, some wealthy people borrow against them. Loans generally aren't taxable income because they are expected to be repaid. That means someone can potentially access millions of dollars in cash while continuing to hold the investments that made them wealthy in the first place.

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Couldn't Everyone Do This?

At first glance, it sounds like billionaires have discovered some secret tax trick. But most of the rules involved aren't exclusive to the ultra-rich. Anyone can borrow against assets. The difference is that billionaires often have enormous portfolios that banks are eager to lend against.

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Borrowing Isn't Magic

This strategy isn't risk-free. Loans have interest costs. Lenders can demand collateral. And if investments fall sharply in value, borrowers can face serious problems. That's one reason many experts argue these strategies aren't quite as effortless as they sometimes sound.

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Capital Gains Get Different Tax Treatment

Another piece of the puzzle is capital gains tax rates. Long-term capital gains are generally taxed at lower rates than ordinary income. That's why investors often pay lower tax rates on investment profits than workers pay on wages and salaries, although the exact rate depends on the taxpayer and the type of gain.

A businessman in an office reviews documents and data on a laptop, concentrating on financial analysis.Tima Miroshnichenko, Pexels

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Why Middle-Class Workers Feel Frustrated

Most families don't have billions of dollars in appreciating assets. Their income comes from work, and taxes are usually withheld before they ever see the money. That's why stories about billionaire tax rates often strike such a nerve with ordinary taxpayers.

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Is This Actually A Loophole?

Before going any further, it's important to understand that not everyone agrees. Critics call it a loophole because they believe massive increases in wealth should be taxed. Supporters argue the system is operating exactly as lawmakers intended. The answer depends largely on your view of what the tax code should do.

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Billionaires Still Pay Huge Tax Bills

One fact often gets lost in the debate. Many billionaires pay enormous amounts in taxes measured in actual dollars. Some have paid hundreds of millions—or even billions—over their lifetimes. The controversy usually centers on percentages rather than total tax payments.

A focused man in glasses counting cash at a desk, indicating financial management.Tima Miroshnichenko, Pexels

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Critics Say The System Is Broken

Critics argue that wealth creates economic power whether assets are sold or not. They believe the current rules allow the wealthiest Americans to build fortunes far faster than workers whose income gets taxed year after year.

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Supporters Say The Alternative Is Worse

Others argue that taxing unrealized gains would create enormous complications. What happens when a stock jumps 40% one year and falls 50% the next? How do you value private businesses every year? These questions have made reform much harder than it sounds.

A man intensely analyzing stock market data on a laptop in an office setting.Tima Miroshnichenko, Pexels

The Estate Tax Debate

The final piece of the argument often involves inheritance. Certain inherited assets receive what's called a step-up in basis, which can reduce or even eliminate income taxes on gains that accumulated before the owner's death. Critics dislike the rule. Supporters argue it prevents complicated tax problems for heirs.

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Congress Has Considered Changes

Over the years, lawmakers have proposed wealth taxes, billionaire minimum taxes, and taxes on unrealized gains. These proposals generate plenty of headlines, but none has fundamentally changed how wealth growth is taxed in the United States.

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The IRS Isn't Giving Billionaires Secret Rules

A common misconception is that billionaires have access to an entirely different tax code. In reality, the same laws generally apply to everyone. The difference is that wealthy individuals often earn money through assets rather than wages, which can lead to dramatically different outcomes.

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How Is It Legal?

Because the federal tax system was built primarily to tax realized income, not unrealized wealth. As long as assets continue rising in value without being sold, much of that growth generally remains outside the income tax system. Whether that's fair remains one of the biggest tax debates in America. Why it's legal is much simpler: that's how the tax code is currently written.

Focused lawyer in black suit at desk writing on documents in an office setting with legal statue.Pavel Danilyuk, Pexels

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