Legally that's true, but I think the average person upset about this sees zero difference at all. Myself included, in my opinion using legal loopholes to get out of tax is morally just as bad, if not worse than deliberately not reporting things to pay fewer taxes.
-Judge Learned Hand, Helvering v. Gregory, 69 F.2d 809, 810 (2d Cir. 1934), aff'd, 293 U.S. 465 (1935)
I also doubt Trump himself has a distinction between the two based on every single account of the man I have heard.
And he’s been busted a few times in the past for doing verrrrry similar shady things; but there are different rules when you’re rich and you can just pay a fine and send a lawyer to jail instead (not a political comment; this works for the rich on both sides).