Even In The Giving Season, Tax Rules Do Apply

While you're busy wrapping packages, tying bows, and thinking merry thoughts this week, here are some merry tax thoughts to go with those gifts you are giving and the ones you hope you receive.

Giving business gifts

Gifts you give to your customers or to people who work for you are deductible as business expenses'If you are an employee, the deduction is considered a miscellaneous itemized deduction and is subject to the deduction-killing 2% of adjusted gross income limitation, meaning that only miscellaneous deductions that exceed 2% of your adjusted gross income are really allowed as deductions'If you have enough miscellaneous itemized deductions to get over that 2% hump, you are allowed to deduct a maximum of $25 per gift.

If you and your spouse both give business-related gifts to the same person, you don't get to increase that maximum amount to $50 'you are together subject to the $25 limit.

The cost of packaging and shipping is not included in the $25 limit, so your per gift deduction may actually be a bit more than $25.

Receiving business gifts

The flip side of taking a deduction for a business gift is the situation where you actually have to add the value of a gift you receive from your boss into your taxable income.

As unfair as this may seem (but then, we never try to actually apply the word 'fair'to our income taxes), if your employer gives you a gift that is easily mistaken for cash, you have to report the amount as income on your tax return and share a part of the gift with your friends at the IRS'They worked just as hard during the year as you did, and so of course they are entitled to a part of your year-end bonus'Gifts that are easily mistaken for cash include checks, gift certificates, and piles of money.

The IRS doesn't expect you to share other types of gifts, such as engraved pens, gold watches, desk sets, company blazers, or honey-glazed hams, although, I'll bet if you brought a couple of slices of your holiday ham to your favorite IRS agent, the gesture would be appreciated.

Check with your employer to find out of the amount of a cash-like gift is going to be included in your W-2 form'If it is not, you should add the amount on to your tax return as other income.

Non-business giving

Outside of the workplace, the rules are a little different'You can give gifts, including cash, up to $10,000 in value per person per year and you don't have to pay any tax on the gift'And if you're married, you and your spouse can join forces and make a gift of up to $20,000 per year to each person on your gift list without having to worry about taxes.

This of course actually does make sense, since you're giving a gift that presumably you already paid tax on once, when you earned the money; having to pay tax on it again would seem a little crazy.

So why is it that if you get a little too generous and give a gift that exceeds $10,000 (or $20,000 if you are married), the IRS swoops down and extracts a gift tax from you, when you've already been taxed on that money in the years when it was earned? Better ask your congressman that one.

Meanwhile, if you intend to make a gift that goes over the limit for gift taxes, just wait until next year'The $10,000/$20,000 limit starts all over again each year, so you can make annual gifts up to this limit without worrying about the gift tax.

Non-business receiving

If you're one of the lucky individuals who receives a gift of up to $10,000 (or $20,000, or more) from a generous benefactor, you don't have to pay any tax at all on the amount you received'Nor do you have to list it anywhere on your tax return'Just go out and enjoy your money!

copyright © 1999 - Gail

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