Robo-advisor Betterment settles tax charges with SEC for $9 million (2024)

The U.S. Securities and Exchange Commission headquarters in Washington.

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Robo-advisor firm Betterment agreed on Tuesday to settle charges with the U.S. Securities and Exchange Commission for $9 million over alleged failures related to an automated tax service.

The sum will be distributed among roughly 25,000 client accounts, which lost about $4 million in potential tax benefits from 2016 to 2019, the SEC alleged.

The median payout for investors will be less than $100, Betterment estimated.Affected customers will be notified of their compensation later this year when the SEC approves a distribution plan, the company said.

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Betterment didn't admit or deny wrongdoing as part of its settlement agreement.

Betterment was among the initial crop of automated investment platforms — so-called robo-advisors — for retail investors that started cropping up around 2008, when the advent of the iPhone created a ubiquitous digital culture.

Betterment's alleged failures relate to "tax-loss harvesting."

Robo-advisor Betterment settles tax charges with SEC for $9 million (1)

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In basic terms, this technique — common among financial planners — seeks to reduce or eliminate taxes owed on investment profits by offsetting them with losses from other investments. That might mean selling losing stocks to offset taxes on winners, for example.

The SEC alleged that Betterment "misstated or omitted several material facts" in client communications concerning its tax-loss harvesting service.

Software tweaks and coding errors found

Among other things, the company didn't disclose a software tweak related to the frequency with which it scanned customer accounts for tax-saving opportunities, and had two computer coding errors that prevented some clients' losses from being harvested, the SEC said.

"Betterment did not describe its tax loss harvesting service accurately, and it wasn't transparent about the service's changes, constraints and coding errors that adversely impacted thousands of clients," Antonia M. Apps, director of the SEC's New York regional office, said in a written statement Tuesday.

Betterment had fixed the related coding and customer disclosure issues by 2019, the company said. Since then, Betterment has "made significant investments to build and strengthen its compliance program," it said Tuesday in a written statement.

The tax-loss harvesting service saved hundreds of millions of dollars in taxes for more than 275,000 customers who have used it since it was introduced in 2014, Betterment said.

"[Betterment] fully cooperated with the SEC's inquiry and is pleased to have reached a resolution on these issues," it said.

Robo-advisor Betterment settles tax charges with SEC for $9 million (2024)

FAQs

Robo-advisor Betterment settles tax charges with SEC for $9 million? ›

The New York City-based robo-advisor agreed to settle the charges by paying a $9 million civil penalty without admitting or denying the SEC's findings. Between 2016 and 2019, Betterment allegedly failed to disclose a change in how frequently it scanned accounts for tax-loss harvesting opportunities.

What is the Betterment scandal? ›

The Securities and Exchange Commission today charged investment advisory firm Betterment LLC for material misstatements and omissions related to its automated tax loss harvesting service (TLH), failing to provide clients with notice of changes to contracts, and failing to maintain certain required books and records.

What is the Betterment class action lawsuit? ›

NEW YORK, April 18 (Reuters) - Robo-adviser Betterment LLC has agreed to pay $9 million to settle U.S. Securities and Exchange Commission charges related to misstatements, as well as disclosure and record-keeping failures.

What is the average return on a robo-advisor? ›

Robo-advisor performance is one way to understand the value of digital advice. Learn how fees, enhanced features, and investment options can also be key considerations. Five-year returns from most robo-advisors range from 2%–5% per year.

Are robo-advisors tax efficient? ›

Considering the complex nature of tax-loss harvesting, most investors will benefit from a robo-advisor that can help optimize the tax efficiency of their investments. The best robo-advisors will provide tax-loss harvesting at no additional charge; below are a few robo-advisors for investors to consider.

Which is better, Betterment or Wealthfront? ›

These features make Wealthfront a better fit if you want a more "hands on" approach to investing. Betterment is a better fit if you want to do passive investing in diversified exchange traded funds, while letting the robo-advisor do most (or all) of the work.

Is Betterment a good company? ›

The bottom line: Betterment is a clear leader among robo-advisors, offering two service options: Betterment Digital provides automated portfolio management at $10 to start an account; Betterment Premium provides unlimited phone access to certified financial planners for a $100,000 account minimum.

Do you actually get money from class action settlements? ›

A Class Action Lawsuit Settles

The compensation is then divided among the plaintiffs based on their level of engagement, with the lead plaintiff receiving the first share. Lawyers typically earn a percentage of the fees and costs while practicing law. Courts limit payments to a reasonable sum.

How do I know if I am part of a class action lawsuit? ›

Lawyers working on a class action will try to reach potential claimants in multiple ways. If possible, they'll mail notification to those who are eligible to join a class action. If it isn't possible to reach people directly, law firms often try to reach participants through advertisem*nts.

Should I fill out class action lawsuit? ›

Is It Worth It to Join a Class Action Lawsuit? This depends on the facts of your individual case. You might benefit from becoming a lead plaintiff in a highly important case that causes policy changes in the future. Or, you might end up as one of many plaintiffs, contributing to the greater uniformity of the claim.

Do millionaires use robo-advisors? ›

High-net-worth investors exited robo-advisor arrangements at the highest rates. Here's how the data broke down along asset levels: $50,000 or less: A drop from 23.6% to 20.6% in 2022, which translates to a decrease of 3 percentage points.

What is the biggest downfall of robo-advisors? ›

Limited Flexibility. If you want to sell call options on an existing portfolio or buy individual stocks, most robo-advisors won't be able to help you. There are sound investment strategies that go beyond an investing algorithm.

What are 2 cons negatives to using a robo-advisor? ›

The generic cons of Robo Advisors are that they don't offer many options for investor flexibility. They tend to not follow traditional advisory services, since there is a lack of human interaction.

What is a good robo-advisor fee? ›

Funds' expense ratios: The robo-advisor will invest your money in various funds that also charge fees based on your assets. The fees can vary widely, but across a portfolio they typically range from 0.05 percent to 0.25 percent, costing $5 to $25 annually for every $10,000 invested, though some funds may cost more.

Can robo-advisors lose money? ›

Can You Lose Money with a Robo-Advisor? Robo-advisors are much quicker to respond to changes in your assets, but they are not able to predict market outcomes. It is just as possible to lose money using a robo-advisor as it is using a human advisor.

Which robo-advisor has the best performance? ›

According to our research, Wealthfront is the best overall robo-advisor due to its vast customization options, fee-free stock investing, low-interest rate borrowing, dynamic tax-loss harvesting, and other key features.

What is the concept of Betterment? ›

the act or process of bettering; better; improvement. an improvement of property other than by mere repairs.

What is the Betterment rule? ›

The Betterment Defense

If a builder or contractor is making repairs, the owner can ask the contractor to provide an upgrade from what was contracted for originally—but the owner would have to pay the difference in the upgrades.

What is the legal definition of Betterment? ›

'Betterment' is the improvement in the plaintiff's property, which has been reinstated by repair or replacement, as a result of the damage or destruction caused to the property by the defendant's wrong in tort or contract, which delivers a real benefit or advantage to the plaintiff and leads to an improvement in the ...

What is Betterment in property insurance? ›

What Is Betterment Insurance? Betterment insurance is supplemental coverage for additions or modifications made by a lessee to a space they lease. Such policies cover only improvements that increase the value of the property and do not include the structure itself.

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