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  #4  
Old 01-23-2008, 05:59 PM
Brian
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Default Re: Parent pays child's taxes - gift or support

joetaxpayer wrote:
- quote -

> Bill Brown wrote:
> > 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


Yes the clients are already making maximum annual exclusion gifts. They
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. > << ------------------------------------------------------- >
  #3  
Old 01-22-2008, 07:50 PM
Harlan Lunsford
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Default Re: Parent pays child's taxes - gift or support

Bill Brown wrote:
- quote -

> 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?

> > 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
exemption, and not the supporter.

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. > << ------------------------------------------------------- >
  #2  
Old 01-22-2008, 03:33 AM
joetaxpayer
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Default Re: Parent pays child's taxes - gift or support

Bill Brown wrote:
- quote -

> 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?
> > > 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.


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

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #1  
Old 01-22-2008, 02:41 AM
Bill Brown
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Default Re: Parent pays child's taxes - gift or support

On Jan 21, 9:28*pm, Harlan Lunsford <hnslunsf...[at]bellsouth.net> wrote:
- quote -

> 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.

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
 
Old 01-22-2008, 01:28 AM
Harlan Lunsford
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Posts: n/a
Default Re: Parent pays child's taxes - gift or support

Brian wrote:
- quote -

> 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"

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. > << ------------------------------------------------------- >
  #-1  
Old 01-21-2008, 11:04 PM
Brian
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Posts: n/a
Default Parent pays child's taxes - gift or support

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. > << ------------------------------------------------------- >
 

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