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  #4  
Old 10-09-2005, 06:06 PM
Howard Kaikow
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Default Re: Tax/gift/other status for joint bank accounts

"Stuart A. Bronstein" <spamtrap[at]lexregia.com> wrote:

- quote -

> The dual purpose makes it problematic, but in this case it
> is probably not a gift at the time B's name is put on the
> account.


With the consent of A, B has withdrawn funds to buy a car.
I suppose the withdrawn funds need to be treated as a gift
and A will need to file a gift tax form.

That raises the question of B's cost basis for business use
of the car.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #3  
Old 10-05-2005, 05:24 PM
Stuart A. Bronstein
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Default Re: Tax/gift/other status for joint bank accounts

"Howard Kaikow" <kaikow[at]standards.com> wrote:
- quote -

> "Stuart A. Bronstein" <spamtrap[at]lexregia.com> wrote:

> > Why was B's name put on the account?


> To make the money more easily available in an emergency (B
> has POA for A, but they live in different states), and in
> lieu of "payable on death" to avoid probate.


The dual purpose makes it problematic, but in this case it
is probably not a gift at the time B's name is put on the
account.

Stu

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #2  
Old 10-04-2005, 06:07 AM
Howard Kaikow
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Default Re: Tax/gift/other status for joint bank accounts

"Stuart A. Bronstein" <spamtrap[at]lexregia.com> wrote:

- quote -

> Why was B's name put on the account?

To make the money more easily available in an emergency (B
has POA for A, but they live in different states), and in
lieu of "payable on death" to avoid probate.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #1  
Old 10-02-2005, 11:50 AM
Stuart A. Bronstein
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Default Re: Tax/gift/other status for joint bank accounts

"Howard Kaikow" <kaikow[at]standards.com> wrote:

- quote -

> If A and set up a joint bank account under A's SSN, but A
> is the only one putting money into the account.
> 1. Is any of that money considered a gift from A to B?


Generally not, but it depends. Was it intended as a gift?
Why was B's name put on the account?

- quote -

> 2. If B withdraws some of the funds, WITH A's agreement to
> do so, is the withdrawn money a gift from B to A?


Depends on whether it was considered a gift earlier, and
what B intended to do with the money. If B was able to
spend it on anything he wanted, it is probably a gift.

- quote -

> 3. If B withdraws some of the funds, WITHOUT A's agreement
> to do so, is the withdrawn money a gift from B to A?


If it wasn't a gift earlier, it wouldn't be a gift at that
point.

Stu

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
 
Old 10-02-2005, 11:30 AM
Herb Smith
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Posts: n/a
Default Re: Tax/gift/other status for joint bank accounts

Howard Kaikow wrote:

- quote -

> If A and set up a joint bank account under A's SSN, but A
> is the only one putting money into the account.
> 1. Is any of that money considered a gift from A to B?


Anything that B withdraws from the account.

- quote -

> 2. If B withdraws some of the funds, WITH A's agreement to
> do so, is the withdrawn money a gift from B to A?


You have it backwards, the gift is from A to B

- quote -

> 3. If B withdraws some of the funds, WITHOUT A's agreement
> to do so, is the withdrawn money a gift from B to A?


A gift from A to B. Why open a joint account if B cannot make
withdrawals?

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #-1  
Old 10-01-2005, 05:40 AM
Howard Kaikow
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Posts: n/a
Default Tax/gift/other status for joint bank accounts

If A and set up a joint bank account under A's SSN, but A
is the only one putting money into the account.

1. Is any of that money considered a gift from A to B?

2. If B withdraws some of the funds, WITH A's agreement to
do so, is the withdrawn money a gift from B to A?

3. If B withdraws some of the funds, WITHOUT A's agreement
to do so, is the withdrawn money a gift from B to A?

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
 

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accounts, bank, joint, status, tax or gift or other
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