Vanguard created big tax bills for target-date fund investors, lawsuit claims (2024)

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Vanguard Group and its executives created big tax bills for some investors in its target-date funds, amounting to hundreds of millions of dollars in aggregate, according to a lawsuit filed Monday.

The lawsuit, filed in a Pennsylvania federal court by three investors, claims the investment manager triggered an "elephant stampede" selloff in its TDFs.

The selloff ultimately led to "enormous" tax bills in 2021 for people who owned the funds in a taxable brokerage account, instead of a tax-advantaged one like a 401(k) plan or individual retirement account, the lawsuit alleges.

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Vanguard, as well as executives and fund trustees, therefore violated their legal duties to investors, the lawsuit claims.

The plaintiffs — Valerie M. Verduce, Catherine Day and Anthony Pollock — seek compensation for the alleged harm on behalf of a class of similarly situated investors nationwide.

A Vanguard spokesperson declined to comment on the lawsuit.

Fees and asset location

The heart of the legal claim stems from two types of target-date mutual funds Vanguard makes available to retail and 401(k) plan investors.

TDFs are funds that designed to get more conservative over time as investors get closer to their estimated retirement age.

The lawsuit also concerns "asset location," a financial-planning principle whereby certain types of investments are better held in tax-advantaged accounts to avoid surprise tax bills.

The two Vanguard Target Retirement Fund suites had the same investment strategy. But investors needed at least $100 million to access the lowest-cost version of the mutual funds before December 2020. That month, Vanguard reduced the threshold to $5 million — fueling an exodus from the higher-cost version.

Vanguard created big tax bills for target-date fund investors, lawsuit claims (1)

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How target-date funds can help you save for retirement

That flight of money caused Vanguard to sell as much as 15% of the assets in the higher-cost retail funds, according to the lawsuit. Vanguard needed to sell fund assets to raise cash to redeem shares for investors, the suit claims.

Generally, when a mutual fund sells its assets for a profit, it results in a distribution of capital gains to the fund's shareholders. Investors who own the funds in taxable accounts pay taxes on those capital gains; conversely, those who own them in 401(k) plans, individual retirement accounts and other tax-advantaged accounts can reinvest the gains without a tax bill.

In this case, investors in the higher-cost funds got distributions at least 40 times larger than previous years, according to the lawsuit. The plaintiffs incurred estimated 2021 tax bills ranging from roughly $9,000 to $36,000, they claim.

Vanguard created big tax bills for target-date fund investors, lawsuit claims (2024)

FAQs

Vanguard created big tax bills for target-date fund investors, lawsuit claims? ›

Three target-date fund investors claim Vanguard violated its legal duties by triggering thousands of dollars in surprise tax bills. The plaintiffs claim the investment manager costs investors across the nation hundreds of millions of dollars in damages. The investors owned TDFs in taxable accounts.

What is the lawsuit against Vanguard target-date funds? ›

The plaintiffs sued in March 2022, saying Vanguard's changing its fee-schedule for institutional priced shares for a target-date fund to $5 million from $100 million could harm retail investors in taxable accounts.

Are Vanguard target-date funds too conservative? ›

First, target-date holdings are sometimes too conservative for many younger investors. Consider that Vanguard and Fidelity's version of a 2060 target-date fund is relatively bond-heavy — 9.7% and 13.32%, respectively — given they are intended for investors now in their 20s.

What is the controversy with the Vanguard group? ›

In response to its China investments, the Financial Times reported that the nonprofit group Coalition for a Prosperous America criticized Vanguard for "acting as a pipeline through which US investment dollars are being funneled into Chinese military companies and corporations sanctioned over human rights abuses."

Can I sue Vanguard? ›

Yes, you can sue your broker if you have had losses in your financial account.

How do I get my money from Vanguard settlement? ›

Withdrawing money from Vanguard - a step-by-step guide
  1. Log in to your account.
  2. Go to "My accounts".
  3. In the "Buy&sell" menu, select "Transfer money to/from your Vanguard settlement fund".
  4. Choose the transfer type (one-time or regular), your Vanguard account, and your previously linked external account.

What happens if Vanguard goes bust? ›

The securities that underlie the funds are held by a custodian, not by Vanguard. Vanguard is paid by the funds to provide administration and other services. If Vanguard ever did go bankrupt, the funds would not be affected and would simply hire another firm to provide these services.

Why not invest in target-date funds? ›

According to Vanguard, target-date fund investors are four to five times less likely to engage in trading and active account management than other investors. 3 Financial situations differ by individual and some investors do not have an employer plan that defaults to a target-date fund.

Can you move money out of a target date fund? ›

Can I move my money from my target date fund even if it has not reached its stated retirement date? Yes, you can move your money to any other investment option within your retirement plan at any time.

How safe are target-date funds? ›

While target-date funds aim to reduce risk overtime, they—like any investment—are not risk free, even when the target date has reached. Target-date funds do not provide guaranteed income in retirement and can lose money if the stocks and bonds owned by the fund drop in value.

Why are investors pulling money from Vanguard? ›

When the market cratered, investors withdrew $16.4 billion from Vanguard's index mutual funds. What accounts for remaining index mutual fund outflows? Johnson says it could be clients pulling out money because they're retiring, or because they're negatively affected by the pandemic.

What is the Vanguard tax controversy? ›

Three target-date fund investors claim Vanguard violated its legal duties by triggering thousands of dollars in surprise tax bills. The plaintiffs claim the investment manager costs investors across the nation hundreds of millions of dollars in damages. The investors owned TDFs in taxable accounts.

Why not invest in Vanguard? ›

Vanguard is the king of low-cost investing, making it ideal for buy-and-hold investors and retirement savers. But beginner investors and active traders will find the broker falls short despite its $0 stock trading commission, due to the lack of a strong trading platform and accessible educational resources.

Is my money safe at Vanguard? ›

Rest easy knowing the cash in your Vanguard Cash Plus bank sweep is eligible for FDIC coverage up to $1.25 million for individual accounts and $2.5 million for joint accounts.

Is Vanguard financially stable? ›

About Vanguard

Vanguard's mission is to "take a stand for all investors, to treat them fairly, and to give them the best chance for investment success."6 It prides itself on its stability, transparency, low costs, and risk management.

What is the Vanguard class action lawsuit over target date funds? ›

They accused Vanguard, the trust comprising the target-date funds, and the trust's trustees of negligence and breach of fiduciary duty over changes made to the target-date funds that resulted in tax liabilities for some investors. The plaintiffs are seeking monetary damages and other relief.

What happened to Vanguard Target funds? ›

Vanguard Target Retirement 2015 Fund merged into Vanguard Target Retirement Income Fund. Vanguard has notified Nationwide of the merger of the Vanguard Target Retirement 2015 Fund (Ticker: VTXVX) into the Vanguard Target Retirement Income Fund (Ticker: VTINX). The effective date of this merger was July 8, 2022.

What is the problem with target-date funds? ›

Don't be fooled by the booming popularity of target-date funds. Poor performance, improper asset allocation and high fees have marred many of these mutual funds. They're more likely to bring you headaches than outsized investment returns.

Do I need to keep money in my Vanguard settlement fund? ›

While you're not required to have a balance in your settlement fund at all times, keeping some money in the settlement fund has these advantages: You're more likely to have money to pay for purchases on the settlement date, when your account will be debited for the amount you owe.

Do target-date funds lose money? ›

No earnings are guaranteed

Target-date funds are investments, and all investments have the potential to lose value. It's a simple reality of saving for retirement: You need to accept some degree of risk when investing for retirement.

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