If I use stock as collateral for a loan and I default, does the bank pay taxes when they sell my stock?
If you are planning this as a tax avoidance scheme, well it is not. The gains will be taxable in your hands and not in the Banks hands. Banks simply don't cash out the stock at the same price, there will be quite a bit of both Lawyers and others ... so in the end you will end up paying more. The link indicates that one would pay back the loan via one's own earnings. So if you have a stock worth USD 100, you can pledge this to a Bank and get a max loan of USD 50 [there are regulations that govern the max you can get against 100]. You want to buy something worth USD 50. Option1: Sell half the stock, get USD 50, pay the captial gains tax on USD 50. Option2: Pledge the USD 100 stock to bank, get a loan of USD 50. As you have not sold anything, there is no tax. Over a period pay the USD 50 loan via your own earnings. A high valued customer may be able to get away with a very low rate of intrest and very long repayment period.   The tax implication to your legal hier would be from the time the stock come to his/her hands to the time she sold. So if the price increase to 150 by the time Mark dies, and its sold at 160 later, the gain is only of USD 10. So rather than paying 30% or whatever the applicable tax rate, it would be wise to pay an interest of few percentages. "Will the bank be taxed on the $x received through selling the   collateral? Why do you care? They will, of course, although their basis will be different. It is of no concern for you. What is your concern is that the write-off of the loan is taxed as ordinary income (as opposed to capital gains when you sell the stocks) for you. So when the bank seizes the stocks, they will also report to the IRS that they gave you the amount of money that you owed them (which they will ""give you"" and then put it on the account of the loan). So you get taxed on that amount as income. In addition, you will be taxed on the gains on the stocks, as giving them to the bank is considered a sale. So you may actually find yourself in a situation where you'd be paying taxes twice, once capital gains, and once as ordinary income, on the same money. I would strongly advise against this. If it is a real situation and not a hypothetical question - get a professional tax advice. I'm not a professional, talk to a CPA/EA licensed in your state." "The short answer is that the exchange of the stock in exchange for the elimination of a debt is a taxable exchange, and gains or losses are possible for the stock investor as well as the bank.   The somewhat longer answer is best summarized as noting that banks don't usually accept stocks as collateral, mostly because stock values are volatile and most banks are not equipped to monitor the risk involved but it is very much part of the business of stock brokers.   In the USA, as a practical matter I only know of stock brokerages offering loans against stock as part of the standard services of a ""margin account"". You can get a margin account at any US stock broker. The stockholder can deposit their shares in the margin account and then borrow around 50% of the value, though that is a bit much to borrow and a lower amount would be safer from sudden demands for repayment in the form of margin calls. In a brokerage account I can not imagine a need to repay a margin loan if the stocks dividends plus capital appreciation rises in value faster than the margin loan rate creates interest charges...  Trouble begins as the stock value goes down.  When the value of the loan exceeds a certain percentage of the stock value, which can depend on the stock and the broker's policy but is also subject to federal rules like Regulation T, the broker can call in the loan and/or take initiative to sell the stock to repay the loan.   Notice that this may result in a capital gain or loss, depending on the investor's tax basis which is usually the original cost of the stock.  Of course, this sale affects the taxes of the investor irregardless of who gets the money."
a bank doesn't lend you money if it hasn't made sure that you can repay your debt in full (plus interests). That's not entirely correct. The bank issues a lot of loans and expects almost all people will pay their debts. The few people who go bankrupt and cannot pay are (more than) compensated for by the people who do pay their debts. The same holds for brokers, e.g. here is an example of the rates they calculate when you trade on margin, effectively borrowing money from them. You don't generally pay capital gains taxes until you sell the stock. If you bought it in 2013 and the price goes up in 2014 but you just hold on to the stock, you won't have to pay any taxes on it. If you then sold it in 2015 for a profit, you'd have to pay capital gains taxes on the profit. Note that this excludes dividends. Dividends may complicate the matter somewhat. I'm also assuming you are in the U.S. or Canada, or a country like one of those two. It's possible some other country does taxes differently, though it'd surprise me. When you pay interest on a loan used to fund a legitimate investment or business activity, that interest becomes an expense that you can deduct against related income. For example, if you borrowed $10k to buy stocks, you could deduct the interest on that $10k loan from investment gains.  In your case, you are borrowing money to invest in the stock of your company.  You would be able to deduct the interest expense against investment gain (like selling stock or receiving dividends), but not from any income from the business. (See this link for more information.) You do not have to pay taxes on the interest paid to your father; that is an expense, not income.  However, your father has to pay taxes on that interest, because that is income for him. Unless I am missing something subtle, nothing happens to the buyer. Suppose Alice wants to sell short 1000 shares of XYZ at $5.  She borrows the shares from Bob and sells them to Charlie.  Now Charlie actually owns the shares; they are in his account. If the stock later goes up to $10, Charlie is happy; he could sell the shares he now owns, and make a $5000 profit. Alice still has the $5000 she received from her short sale, and she owes 1000 shares to Bob.  So she's effectively $5000 in debt.  If Bob calls in the loan, she'll have to try to come up with another $5000 to buy 1000 shares at $10 on the open market.   If she can't, well, that's between her and Bob.  Maybe she goes bankrupt and Bob has to write off a loss.   But none of this has any effect on Charlie!  He got the shares he paid for, and nobody's going to take them away from him.  He has no reason to care where they came from, or what sort of complicated transactions brought them into Alice's possession.  She had them, and she sold them to him, and that's the end of the story as far as he's concerned. The loan itself is not tax deductible; unless you took it as part of a mortgage, anyway, it's just a regular loan.  Mortgage and Student Loan Interest deductions are special cases explicitly given tax-deductible status; other loans are not deductible (unless part of a business expense or other qualifying reason). If this were a short sale (which you note it was not but included for completeness' sake), and some of your debt was cancelled, that may have tax implications.  You cannot take a capital loss on your personal residence, so the loss itself is not deductible. (I'm assuming the tag of United-states is accurate) Yes, the remaining amount is tax free -- at the current price.  If you sell at exactly the original price, there is no capital gain, no capital loss.  So you've already payed the taxes. If you sell and there is a capital gain of $3000, then you will pay taxes on the $3000.  If 33% is your marginal tax rate, and if you held the stock for less than a year, then you will keep $7000 and pay taxes of $1000.  Somehow, I doubt your marginal tax rate is 33%. If you hold the stock for a year after eTrade sold some for you to pay taxes, then you will pay 15% on the gain -- or $450. eTrade sold the shares to pay the taxes generated by the income.  Yes, those shares were considered income.  If you sell and have a loss, well, life sucks.  However, if you sell something else, you can use the loss to offset the other gain.  So if you sell stock A for a loss of $3000, and sell stock B at a gain of $4000, then you pay taxes on the net of $1000. I will add one point missing from the answers by CQM and THEAO. When you take a loan and invest the proceeds, the interest that you pay on the loan is deductible on Schedule A, Line 14 of your Federal income tax return under the category of Investment Interest Expense.  If the  interest expense is larger than all your investment earnings (not just those from the loan proceeds), then you can deduct at most the amount of the earnings, and carry over the excess investment interest paid this year for deduction  against investment earnings in future years. Also, if some of the earnings are long-term capital gains and you choose to deduct the corresponding investment interest expense, then those capital gains are taxed as ordinary income instead of at the favored LTCG rate. You also have the option of choosing to deduct only that amount of interest that offsets dividend (and short-term capital gain) income that is taxed at ordinary rates, pay tax at the LTCG rate on the capital gains, and carry over rest of the interest for deduction in future years. In previous years when the tax laws called for  reduction in the Schedule A deductions for high-income earners, this investment interest expense was exempt from the reduction. Whether future tax laws will allow this exemption depends on Congress. So, this should be taken into account when dealing with the taxes issue in deciding whether to take a loan to invest in the stock market. Yes, you do. Unless you actually donate it, the loan will be repaid and as such - is an asset for you. On your taxes you report the interest you got paid for the loan. You can claim the interest as a charitable deduction, if you don't effectively charge any (IRS dictates minimum statutory interests for arm-length loan transactions). "Lending of shares happens in the background. Those who have lent them out are not aware that they have been lent out, nor when they are returned. The borrowers have to pay any dividends to the lenders and in the end the borrowers get their stock back. If you read the fine print on the account agreement for a margin account, you will see that you have given the brokerage the permission to silently loan your stocks out.  Since the lending has no financial impact on your portfolio, there's no particular reason to know and no particular protection required.  Actually, brokers typically don't bother going through the work of finding an actual stock to borrow.  As long as lots of their customers have stocks to lend and not that many people have sold short, they just assume there is no problem and keep track of how many are long and short without designating which stocks are borrowed from whom. When a stock becomes hard to borrow because of liquidity issues or because many people are shorting it, the brokerage will actually start locating individual shares to borrow, which is a more time-consuming and costly procedure.  Usually this involves the short seller actually talking to the broker on the phone rather than just clicking ""sell.""" Answers here are correct but I'll offer an extremely (overly) simple explanation that should help you in understanding the more detailed answers.  When most people own stock they do so through a broker.  Unless you jump through some hoops, the broker keeps the shares in the name of the brokerage.  This is called holding the stock in street name. When you sell short through a brokerage, the broker is letting you borrow a certain number of shares owned by someone else and sell them for cash now.  At some point, you need to repay this loan with the same number of shares you borrowed.  Ideally, you want the stock to drop to $0.  The reason you might be forced to purchase the stock is that the actual owner(s) of the stock want to sell.  If the broker has too many people wanting to sell, you will need to repay some of all of the loan (in shares) i.e. purchasing shares at the current market price. For a business, it has absolutely nothing to do with what's in the bank. A business could be billions of dollars in the hole cash wise and still be required to pay taxes, and it can also be flush with billions of dollars in cash and get a refund.  It's all from differences between tax accounting and accrual ( standard business) accounting. Yes, you would.  You owe it to the person you borrowed the shares from. (source) 2 things may happen. Either your positions are closed by the broker and the loss or profit is credited to your account. Else it is carried over to the next day and you pay interest on the stocks lent to you. What happens will be decided by the agreement signed between you and your broker. No, you can not cheat the IRS. This question is also based on the assumption that the stock will return to $1 which isn't always a safe assumption and that it will continue to cycle like that repeatedly which is also likely a false assumption. "Besides what others have mentioned, another thing to watch out for is the tax withholding on withdrawal. If it's a Traditional IRA, they will probably withhold a certain percentage on non-qualified withdrawals. I am not sure if you can ask them not to withhold. I don't remember the percentage, and it varies by state, but let's assume it is 20%. That means that you only receive 80% of the withdrawal amount when you take it out. However, when you deposit the money to complete the ""rollover"", you need to give them 100% of the withdrawal. That means (assuming the 20% withholding) you need to fork out cash equal to 125% of what you received in cash, within 60 days! That's like several hundred percent APR and hard to meet unless you are certain of receiving a large payment within the time period. And if you forget about this, and you just deposit the same amount that you received (80% of the withdrawal), the remainder (20% of the withdrawal) will count as an early withdrawal, with all the taxes and penalty. So what happens to the 20% withheld that you never received but had to pay anyway? Well, the government has it. It will count as tax paid on your tax return, so it will increase your refund/decrease the amount you owe, but that means you are out that money until tax time! (Unless you decrease the withholding on your salary in the rest of the year to compensate.) If it's a Roth IRA withdrawal on the contribution, there is generally no withholding, so you don't have to worry about the above. (But there is no penalty on withdrawal of Roth IRA contribution anyway.)"