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Understanding Gift Tax and How to Minimize It
While it may seem esoteric, understanding gift tax is very helpful if you’re working on a life income gift that benefits someone in addition to, or other than, the donor. In these situations, the donor is making two gifts: one to the charity and one to the income beneficiary, and this second gift may be taxable.
It is also helpful to have a basic understanding of gift tax when you’re discussing an estate gift, since gift tax and estate tax are linked together by the “Unified Credit.” This credit is applied to gifts that would otherwise be taxable transfers, whether made during lifetime or at death.
Lastly, having an understanding of gift tax enables to you to do some “Monday morning quarterbacking” when gift tax is in the news, as it has been recently with reporting on gifts received by Supreme Court Justice Clarence Thomas (luxury vacations), his mother (free rent), and his grandnephew (tuition payments), from Texas billionaire Harlan Crow. It’s a conversation perfect for a tailgate at the Heckerling Institute on Estate Planning. So, grab a metaphorical hotdog from the grill, and let’s dig in.
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