5 ms·

I AM NOT AN ACCOUNTANT Since the OP doesn't want anything in return, it's possible that this could be considered a gift. If true, then the transfer would be ta

by loumf 11y ago

I AM NOT AN ACCOUNTANT Since the OP doesn't want anything in return, it's possible that this could be considered a gift. If true, then the transfer would be tax (and social security) free in the US. The OP is paying tax/SS on the money because the project is not a tax-exempt charitable org. So, might be considered closer to 50k in equivalent salary.

AznHisoka 11y ago
I don't think that's how gifts work...
- deleted 11y ago
  [deleted]
- dllthomas 11y ago
  Even if it can be considered a gift, there's a $14k/yr cap on the gift exclusion.
  - loumf 11y ago
    (STILL NOT AN ACCOUNTANT). I believe the cap is not on the gift -- it's on the giver and what they have to file. There is no tax until gifts go over ~5 million. https://en.wikipedia.org/wiki/Gift_tax_in_the_United_States https://en.wikipedia.org/wiki/Gift_tax_in_the_United_States There are two levels of exemption from the gift tax. First, gifts of up to the annual exclusion ($14,000 per recipient in 2015) incur no tax or filing requirement. By splitting their gifts, married couples can give up to twice this amount tax-free. Note that each giver and recipient pair has their own unique annual exclusion; a giver can give to any number of recipients and the exclusion is not affected by other gifts that recipient may have received from others. Second, gifts in excess of the annual exclusion may still be tax-free up to the lifetime estate basic exclusion amount ($5,340,000 in 2014, $5,430,000 in 2015), although for estates over that amount such gifts might increase estate taxes. Taxpayers that expect to have a taxable estate may sometimes prefer to pay gift taxes as they occur, rather than saving them up as part of the estate. For something to be a gift, the giver can have no consideration https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Frequently-Asked-Questions-on-Gift-Taxes https://www.irs.gov/Businesses/Small-Businesses-&-Self-Emplo... What is considered a gift? Any transfer to an individual, either directly or indirectly, where full consideration (measured in money or money's worth) is not received in return.
    - dllthomas 11y ago
      Ah, good catch!
- loumf 11y ago
  The IRS says money I give for no consideration is a gift. The OP wants you to work on your project -- it's not clear what happens if you don't do that. If the OP does not get the money back or any other consideration, I believe that an accountant and lawyer could structure this as a gift. The OP will have to file and it counts against their lifetime exemption, but there is no tax (I believe -- talk to an accountant)

by loumf 11y ago

AznHisoka 11y ago

I don't think that's how gifts work...

deleted 11y ago
[deleted]
dllthomas 11y ago
Even if it can be considered a gift, there's a $14k/yr cap on the gift exclusion.
- loumf 11y ago
  (STILL NOT AN ACCOUNTANT). I believe the cap is not on the gift -- it's on the giver and what they have to file. There is no tax until gifts go over ~5 million. https://en.wikipedia.org/wiki/Gift_tax_in_the_United_States https://en.wikipedia.org/wiki/Gift_tax_in_the_United_States There are two levels of exemption from the gift tax. First, gifts of up to the annual exclusion ($14,000 per recipient in 2015) incur no tax or filing requirement. By splitting their gifts, married couples can give up to twice this amount tax-free. Note that each giver and recipient pair has their own unique annual exclusion; a giver can give to any number of recipients and the exclusion is not affected by other gifts that recipient may have received from others. Second, gifts in excess of the annual exclusion may still be tax-free up to the lifetime estate basic exclusion amount ($5,340,000 in 2014, $5,430,000 in 2015), although for estates over that amount such gifts might increase estate taxes. Taxpayers that expect to have a taxable estate may sometimes prefer to pay gift taxes as they occur, rather than saving them up as part of the estate. For something to be a gift, the giver can have no consideration https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Frequently-Asked-Questions-on-Gift-Taxes https://www.irs.gov/Businesses/Small-Businesses-&-Self-Emplo... What is considered a gift? Any transfer to an individual, either directly or indirectly, where full consideration (measured in money or money's worth) is not received in return.
  - dllthomas 11y ago
    Ah, good catch!
loumf 11y ago
The IRS says money I give for no consideration is a gift. The OP wants you to work on your project -- it's not clear what happens if you don't do that. If the OP does not get the money back or any other consideration, I believe that an accountant and lawyer could structure this as a gift. The OP will have to file and it counts against their lifetime exemption, but there is no tax (I believe -- talk to an accountant)