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    You are at:Home»Faculty»Bloomberg Law: Prof. Jeffrey Colon Comments on the ETF Trick that Legally Sidesteps U.S. Capital Gains Taxes

    Bloomberg Law: Prof. Jeffrey Colon Comments on the ETF Trick that Legally Sidesteps U.S. Capital Gains Taxes

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    By Newsroom on July 21, 2025 Faculty, In the News

    A longtime critic of exchange-traded funds (ETF)’s tax benefits, Fordham Law Professor Jeffrey Colon spoke with Bloomberg Law about how wealthy investors are using a clever ETF trick to legally sidestep U.S. capital gains taxes—and why that raises concerns.

    To critics, the growth of these conversions is a sign that ETFs’ tax advantages — while perfectly legal — are now being exploited at a scale that’s increasingly incompatible with a system meant to tax investments when they are sold. 

    “At the end of the day, we really will have been able to diversify our portfolios from high-tech stock to foreign stock, for example, from stocks to bonds without tax — and to me that’s a big issue,” says Jeffrey Colon, a law professor at Fordham University who’s been a longtime critic of ETFs’ tax benefits. “We shouldn’t have these vehicles out there that are just black holes for capital gains.” 

    Read “‘Black Holes for Capital Gains’: New Tax Trick Takes Off in ETFs” in Bloomberg Law.

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