Can you sell an abusive tax shelter without penalties?
The claim: “These abusive trust schemes are safe to sell.”
No. Promoters, helpers, and buyers all face penalties
No. IRC §6700 penalizes anyone who organizes or sells a plan while making statements about its tax benefits that the person knows or has reason to know are false, or gross valuation overstatements. The penalty is $1,000 per activity, or 50% of the gross income from the activity when false statements are involved. IRC §6701 adds $1,000 per document for knowingly aiding an understatement, $10,000 for a corporation's return.
Reviewed by Ebot Mbi, CPA, EA · Last reviewed · Law and figures current as of September 17, 2026
Key takeaways
- IRC §6700 applies to organizing, promoting, or selling a plan with false or fraudulent statements about tax benefits, or gross valuation overstatements.
- For false or fraudulent statements, the §6700 penalty equals 50% of the gross income the person derived or will derive from the activity.
- IRC §6701 imposes $1,000 per document ($10,000 for a corporation) on anyone who knowingly aids an understatement of another person's tax.
- The IRS can seek a court injunction against promoters under IRC §7408, and criminal statutes can also apply.
- Buyers owe the tax, interest, and their own penalties; IRS Notice 97-24 warns about abusive trust arrangements.
Where the claim comes from
Trust packages marketed as a way to make income or assets disappear from the tax system are sold through seminars, websites, and social media. Sellers often say they are only providing documents or education, so they cannot be responsible for how buyers file their returns.
IRS Notice 97-24 describes these abusive trust arrangements, which typically move a business, a home, or personal assets into one or more trusts while the owner keeps control and claims deductions for personal expenses. The IRS treats such arrangements as shams that are disregarded for tax purposes. The Code has penalties aimed at the people who sell and support them.
What the law actually says
IRC §6700(a) applies to any person who organizes, or helps organize, a partnership, entity, investment plan, or other arrangement, or who participates in selling an interest in one, and in connection with that activity makes or furnishes a statement about the tax benefits that the person knows or has reason to know is false or fraudulent as to any material matter, or a gross valuation overstatement. The penalty is $1,000 per activity or, if the person shows it is less, 100% of the gross income from the activity. When the activity involves a false or fraudulent statement, the penalty is instead 50% of the gross income derived or to be derived from the activity. Each sale is treated as a separate activity.
IRC §6701 applies to any person who aids, assists, procures, or advises on the preparation of any part of a return or other document, knows or has reason to believe it will be used in a material tax matter, and knows it would result in an understatement of another person's tax. The penalty is $1,000 per document, or $10,000 if the document relates to a corporation's tax. It applies only once per taxpayer per tax period.
IRC §7408 lets the government ask a court to stop a person from engaging in conduct subject to §6700 or §6701. IRC §6694 separately penalizes return preparers for unreasonable or willful positions, and IRC §7206(2) makes willfully aiding or assisting a false return a crime.
Buyers are not protected. The IRS disregards sham trusts and taxes the income to the person who earned it, and buyers can owe the 20% accuracy-related penalty under IRC §6662 or the 75% civil fraud penalty under IRC §6663.
What is true and what is not
Here is how the claim compares with the statutes:
- Not true: selling documents or "education" is a safe harbor. §6700 reaches anyone who participates in a sale and makes or furnishes false statements about tax benefits.
- Not true: only the person who signs a return can be penalized. §6701 applies to anyone who knowingly helps create an understatement.
- Not true: buyers are protected because they relied on the promoter. Reliance on a promoter with a conflict of interest generally does not establish reasonable cause.
- True: legitimate trusts have real estate planning and asset management uses. The problem is arrangements designed to hide income while the owner keeps control.
- True: the knowledge standards matter. §6700 turns on what the person knew or had reason to know about the statements, and §6701 requires knowledge that the document would understate tax, so the facts of each role are examined.
What to do instead
If you advise clients or sell financial products, do not make claims about tax results unless they are supported by the Code, regulations, or case law, and have written support reviewed by a qualified tax professional. If you have already promoted an arrangement that may be abusive, stop and get legal advice before taking any other step.
If you bought into a trust package, have it reviewed by an independent CPA and an attorney who are not connected to the seller. If returns were filed under the arrangement, correcting them before the IRS contacts you is generally better than waiting. Keep the marketing materials and contracts, because they matter to any penalty analysis and to any claim you may have against the seller.
For real planning goals such as probate avoidance or asset protection, work with an estate planning attorney and a CPA on structures with known tax treatment.
How ebotCPA helps
We review trust arrangements and the returns filed under them, explain the tax treatment and penalty exposure in plain English, and map out correction options. We coordinate with your attorney, who drafts the legal documents.
Book a $497 Case Analysis to have Ebot Mbi, CPA, EA review your facts before you act.
Assumptions: A promoter sells a trust package to 10 unrelated buyers for $15,000 each, with written statements about tax benefits the promoter knows are false.; An assistant knowingly prepares one understated individual return for each of those 10 buyers for 2025.; Buyers' own tax, interest, and penalties are not included.; Penalty amounts under IRC §§6700 and 6701 as in effect for 2026.
| Promoter's gross income from the sales (10 × $15,000) | $150,000 |
|---|---|
| §6700 penalty for false statements (50% × $150,000) | $75,000 |
| Assistant's §6701 penalty (10 buyers × $1,000) | $10,000 |
On these assumptions, the promoter faces a $75,000 penalty and the assistant faces $10,000, before any injunction, criminal exposure, or the buyers' own liabilities.
Illustration only; not a projection of your results.
We coordinate with your attorney, who drafts the legal documents.
Frequently asked questions
What is the penalty for promoting an abusive tax shelter?
Under IRC §6700 it is $1,000 per activity, or 100% of the gross income from the activity if that is less. When false or fraudulent statements are involved, the penalty is 50% of the gross income derived or to be derived from the activity.
Can I be penalized just for helping prepare a return?
Yes. IRC §6701 applies to anyone who knowingly helps prepare a document that understates another person's tax. The penalty is $1,000 per document, or $10,000 for a corporation's return.
If I bought an abusive trust package, am I protected because I relied on the seller?
Generally not. The IRS disregards the arrangement and assesses the tax you owe, plus interest. Reliance on a promoter is generally not reasonable cause for penalty relief.
Are all trusts abusive?
No. Revocable living trusts and many irrevocable trusts serve legitimate purposes and have well-understood tax treatment. The concern is arrangements that claim to eliminate tax while the owner keeps control of the income or assets.
Have facts like these?
Book a $497 Case Analysis to have Ebot Mbi, CPA, EA review your facts before you act.