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  #1  
Old 01-14-2003, 12:13 PM
bob175
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Best way to receive a windfall


What is the name of your state? Virginia

Hello,
I am seeking advice of the best way to receive a $500,000 windfall. Here's the situation:

My father is selling the company business. All stock in the corportation is owned 50-50 by he and my mother. After the sale is complete, I will be receiving the above amount, either from him, or the company.

Since I will no longer be employed, what is the best way for him to "bonus" me this money, to reduce the taxes? My accountant is estimating take home will be around $267,000.00 after taxes, which is alot lower than what I expected. (My yearly tax bracket is currently based on $110,000.00 income per year. )

The following ways have been suggested to me, as a way to "get the money to me", and reduce my tax burden:

1 - Have my father set up two college fund accounts from the new educational law that came into effect last year for my children, with $100,000 each, which would go in, tax free. After their college is paid for (their currently 8 and 10 yrs old), which I would have to do anyway, I can then withdrawal or keep the overage, for retirement, and there is no tax fee. I could just roll it into another investment (? - correct?).

2 - After the above $200,000 has "gotten to us", have my parents gift, me, my wife, and two children, $21,000 each. That removes another $84,000, that just goes in our bank account, then transferred to a money market, or mutual fund.

That brings me down to a taxable income amount received of $216,000.00 left, which would reduce my taxes. Is there anything else that can be done to lower this amount?

Other than an initial $40,000 needed right away from the total $500,000, the rest ($460,000) was meant to be put away for retirement, since my 401K is very low. With that said, can anyone think of a legal way, I can get this $500,000, to me and my wife, with very little tax?
Thanks!
Bob
  #2  
Old 01-14-2003, 01:44 PM
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Location: Washington
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Have mom & dad collect the money themselves, then gift you & your wife the $500,000 directly. You aren't getting the money because of your employment; you're getting it because of your relationship, so there should be no employment taxes. Gifts aren't taxable to the recipient, so you pay no taxes.

He can gift $55,000 to each child via a 529 plan (talk to financial advisor about which plans to use & who controls the money when the kids turn 18 and who gets to keep any extra funds). Your mother can also gift $55,000 to each child in a 529 plan. That would cover the first $220,000. They can gift the rest to you & your wife directly: $44,000 exempt with the rest reducing their uniform estate & gift tax credits. They would pay no actual gift taxes, just file a Form 706.

Alternatively, they can each gift $11,000 to each member of the family (4 family members = $88,000 total gift) each year until the $500,000 is all gone in 6 years. He should discuss the uniform transfer to minors act with a financial advisor before doing this to see how you can use the money 'given' to the kids.

If you want to get really complicated, they can set up a limited partnership that owns stocks & real property & gift you shares in the p'ship. Since stocks are easy to value but real property is not, they can give you $12,000-$15,000 of assets by giving you $11,000 in shares. Definitely see a sophistocated estate planner for this.

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  #3  
Old 01-14-2003, 07:37 PM
bob175
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Hello,
Thank you very much for the response.

So basically you're saying, they can gift the money, but over an extended amount of time? I was hoping there was another way, to get it ALL, so I could invest as much as possible up front.
Thanks!
Bob
  #4  
Old 01-14-2003, 07:52 PM
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The first thing I said was they can just give you the whole $500,000. They file a Form 706 but pay no actual taxes unless they've given out significant gifts in the past (like, a million bucks).
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  #5  
Old 01-14-2003, 07:57 PM
bob175
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OK......I think I got confused with the rest of the details. So you're saying, they they can gift the total, writing a check to me and my wife, with no taxes ON THEIR END**************after that**************

The $220k to each child coming from both of them.....then the initial gift to all four of us, then the residual coming over the next 5-6 years?
Thanks,
Bob
  #6  
Old 01-15-2003, 03:40 AM
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Location: Washington
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Each paragraph is a separate gifting scheme. Pick one.
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