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Tax

Apr. 22, 2022

You don’t pay income tax on ‘gifts,’ but be careful!

True gifts are not income the IRS can tax, but the line between what is income and what is a gift is sometimes disputed.

Robert W. Wood

Managing Partner
Wood LLP

333 Sacramento St
San Francisco , California 94111-3601

Phone: (415) 834-0113

Fax: (415) 789-4540

Email: wood@WoodLLP.com

Univ of Chicago Law School

Wood is a tax lawyer at Wood LLP, and often advises lawyers and litigants about tax issues.

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What is really a gift anyhow? Your definition and the IRS’s definition might be different. Of course, the facts and the background are going to matter. Suppose that you do a major favor for your employer, and he gives you a gift of $20,000. Is that really a gift? You might try to document it that way if you are aggressive, but it’s not likely the IRS would agree. Plainly, the IRS would say it is a bonus, even if it is not run through usual payroll.

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