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#4
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| joetaxpayer wrote: - quote - > Bill Brown wrote:
Yes the clients are already making maximum annual exclusion gifts. They> > On Jan 21, 9:28 pm, Harlan Lunsford <hnslunsf...[at]bellsouth.net> wrote: > > > > Brian wrote: > > > > > > I have clients who want to pay their child's income tax liability. I > > > > believe that this would be a gift to the child. > > > > > > Gift tax rules exclude legally required support from classification as > > > > gifts. The clients think that they can pay their child's income tax and > > > > claim it as support. Is there an IRS definition of support somewhere? > > > Brian - You've told the clients they can gift $24,000 with no tax due > each year? I trust you're asking because they are at the annual limit? I > don't believe paying the taxes is considered support, it's an obligation > of the child, whether from earned income (should have had withholdings) > or from interest, dividends, or capital gains. Either way, the tax > should be paid from that money. > JOE are looking for loopholes besides the education and health care payment exclusions. -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#3
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| Bill Brown wrote: - quote - > On Jan 21, 9:28 pm, Harlan Lunsford <hnslunsf...[at]bellsouth.net> wrote:
exemption, and not the supporter.> > Brian wrote: > > > I have clients who want to pay their child's income tax liability. I > > > believe that this would be a gift to the child. > > > Gift tax rules exclude legally required support from classification as > > > gifts. The clients think that they can pay their child's income tax and > > > claim it as support. Is there an IRS definition of support somewhere? > > I'm encouraged by what publication 17 says: "Items not included in > > support: Federal, state, income taxes paid by persons from THEIR OWN income" > > Why does that encourage you? The quoted passage makes it clear that > paying someone else's income tax liability is not support of that > other person. Because the "person" here is the person in question, i.e. the possible To repeat: ""Items not included in - quote - > support: Federal, state, income taxes paid by persons from THEIR OWN income" ChEAr$, Harlan -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#2
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| Bill Brown wrote: - quote - > On Jan 21, 9:28 pm, Harlan Lunsford <hnslunsf...[at]bellsouth.net> wrote:
Brian - You've told the clients they can gift $24,000 with no tax due> > Brian wrote: > > > > I have clients who want to pay their child's income tax liability. I > > > believe that this would be a gift to the child. > > > > Gift tax rules exclude legally required support from classification as > > > gifts. The clients think that they can pay their child's income tax and > > > claim it as support. Is there an IRS definition of support somewhere? > > > I'm encouraged by what publication 17 says: "Items not included in > > support: Federal, state, income taxes paid by persons from THEIR OWN income" > > Why does that encourage you? The quoted passage makes it clear that > paying someone else's income tax liability is not support of that > other person. each year? I trust you're asking because they are at the annual limit? I don't believe paying the taxes is considered support, it's an obligation of the child, whether from earned income (should have had withholdings) or from interest, dividends, or capital gains. Either way, the tax should be paid from that money. JOE -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#1
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| On Jan 21, 9:28*pm, Harlan Lunsford <hnslunsf...[at]bellsouth.net> wrote: - quote - > Brian wrote:
Why does that encourage you? The quoted passage makes it clear that> > I have clients who want to pay their child's income tax liability. I > > believe that this would be a gift to the child. > > Gift tax rules exclude legally required support from classification as > > gifts. The clients think that they can pay their child's income tax and > > claim it as support. *Is there an IRS definition of support somewhere? > I'm encouraged by what publication 17 says: *"Items not included in > support: Federal, state, income taxes paid by persons from THEIR OWN income" paying someone else's income tax liability is not support of that other person. -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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| Brian wrote: - quote - > I have clients who want to pay their child's income tax liability. I
I'm encouraged by what publication 17 says: "Items not included in> believe that this would be a gift to the child. > Gift tax rules exclude legally required support from classification as > gifts. The clients think that they can pay their child's income tax and > claim it as support. Is there an IRS definition of support somewhere? support: Federal, state, income taxes paid by persons from THEIR OWN income" This would imply that those taxes might be construed as support if paid by others. But that's not definite. Of course line 18 of the excellent support worksheet is for "other". I would include it, unless someone else chimes in with better information. ChEAr$, Harlan Lunsford, EA n LA -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#-1
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| I have clients who want to pay their child's income tax liability. I believe that this would be a gift to the child. Gift tax rules exclude legally required support from classification as gifts. The clients think that they can pay their child's income tax and claim it as support. Is there an IRS definition of support somewhere? -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
| Tags |
| child, gift, parent, pays, support, taxes |
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