>...but it's common practice.
There are many web pages claiming this, but I haven't seen actual statistics on this loophole. To be clear, many, many, people borrow against the value of an asset - from the middle class up to the ultra wealthy and they can defer capital gains in that way. The claim with buy, borrow, die is that you can borrow for decades and not have to pay back the loan until death. Some claim that the rich just keep rolling over loans on to new loans to avoid paying interest/principal for decades. The reddit posting discussing this has been edited since it was first discussed on hacker news, but now it emphasizes that the bank and the ultra wealthy person come to some sort of agreement to share in the gains of the asset upon death. Considering the length of the agreement it seems it would difficult to come up with an agreement that would be fair to both sides in that agreement.
I saw that on reddit, /u/Taxing responded to a different post by the author of the reddit posting and was skeptical of how common this approach is:
>...I too went to law school, earned my LL.M. from NYU and have been practicing in this area for decades with broad family office clients ranging from a few hundred million to many billions, and yes have clients with public companies, private companies, and taken companies between the two structures. I’ve worked at every level and now sit on the boards, manage the relationships, etc., which I enjoy more.
>...I struggle to think of a single family office interested in a lifelong arrangement with Goldman or other firm at that level, providing them strings of participation and control. Over time, circumstances change, and they are not your friend.
So, maybe, the "Buy, Borrow, Die" approach is common practice, but I have yet to see any actual stats on it.