BMW M5 Forum

Post Reply
 
Thread Tools Search this Thread
      07-26-2016, 03:31 PM   #1
BeastMode335i
Maximus Decimus Meridius
BeastMode335i's Avatar
United_States
1172
Rep
4,654
Posts

Drives: F30 335i
Join Date: Apr 2014
Location: Down South

iTrader: (2)

Need advice on gifting a large amount of money (Bankers, CPA, CFO, etc needed plz)

Ok so just to keep it short and sweet.. My immediate family member hit $2m on the lottery.. They want to gift me $100k but read that in Florida (maybe the whole USA even) there's a tax that has to be paid on gifting over $14k a year to any one person.. Well then Wells Fargo mentioned something about a Promissory Note to avoid paying the gift tax but this family member is a bit confused on the legality of the two so I'm hoping any of my bimmer bro's can help me out.. Have any of yall been gifted a large amount of money and avoided paying uncle sam 30% of it..?? I'm not really looking at doing anything illegal or trying to get us in trouble, but if there's a way around something, that is totally legal, than why not.. Obviously if my mom gave me $100k after winning $2M she doesn't expect me to pay her back, but apparently that's what a Promissory Note does so she wouldn't have to gift me $14k a year for 7.5 years..

Thanks!
__________________
F30 335i
Melbourne Red Metallic
M-Sport Package
Appreciate 0
      07-26-2016, 03:33 PM   #2
Delta0311
Banned
7485
Rep
10,119
Posts

Drives: 2011 BMW 335xi E92 2016 228xi
Join Date: Apr 2009
Location: NJ

iTrader: (1)

Have money stashed overseas... Helps if you have a dual citizenship.
Appreciate 1
      07-26-2016, 03:34 PM   #3
bimmette
YouTube.com/TvTara
bimmette's Avatar
Canada
6436
Rep
4,714
Posts

Drives: like I stole it! (11 m3 E93)
Join Date: Nov 2013
Location: Vancouver

iTrader: (0)

Just putting it out there that I need LCI tail lights if you're feeling generous
Appreciate 4
OutlawX3M298.50
      07-26-2016, 03:36 PM   #4
F87LUV
Lieutenant General
F87LUV's Avatar
United_States
3973
Rep
15,132
Posts

Drives: '16 M2, '23 GT4
Join Date: May 2007
Location: NJ

iTrader: (4)

Garage List
2025 BMW Z4 M40i  [10.00]
2016 BMW M2  [8.93]
If this family member is not wealthy to begin with and doesn't have assets over $5M already (and never will), they won't have to pay a gift tax. Individuals have a lifetime exclusion. For 2016, it's $5.45M. They would need to file a gift tax return for the excess of $14,000 and take the remainder from their lifetime exclusion. No tax will be due from either party.

Edit: if this person is married, they can also split gifts and give $28,000 to each person without tapping into their lifetime exclusion every year.
__________________
IG: Trackinheels
Appreciate 4
      07-26-2016, 03:41 PM   #5
jtodd_fl
2nd Asst to Dept Undersecretary
jtodd_fl's Avatar
6709
Rep
1,298
Posts

Drives: People crazy
Join Date: Sep 2013
Location: Florida

iTrader: (0)

Garage List
2015 F82 M4  [9.00]
2016 F87 M2  [0.00]
2011 E92 M3  [0.00]
I am not a financier, but -redacted stupid amateur stuff since real answers were given later and I don't want to confuse people - ASBSECU E93 OR Biorin may be able to point you to some resources. They iz smart.

Oh... or @f87LUV... who knew... (Sorry luv.)
__________________
This space for rent.

Last edited by jtodd_fl; 07-26-2016 at 03:47 PM..
Appreciate 1
      07-26-2016, 03:44 PM   #6
Biorin
Lieutenant
Biorin's Avatar
2785
Rep
421
Posts

Drives: to get cheeseburgers
Join Date: Oct 2013
Location: Sweatervests & Range Rovers

iTrader: (0)

Quote:
Originally Posted by F87LUV View Post
If this family member is not wealthy to begin with and doesn't have assets over $5M already (and never will), they won't have to pay a gift tax. Individuals have a lifetime exclusion. For 2016, it's $5.45M. They would need to file a gift tax return for the excess of $14,000 and take the remainder from their lifetime exclusion. No tax will be due from either party.

Edit: if this person is married, they can also split gifts and give $28,000 to each person without tapping into their lifetime exclusion every year.
This!

Do you do tax as well?
__________________
Quote:
Originally Posted by Verbiage View Post
you're like, the cocaine godmother of BP.
Appreciate 2
      07-26-2016, 03:45 PM   #7
F87LUV
Lieutenant General
F87LUV's Avatar
United_States
3973
Rep
15,132
Posts

Drives: '16 M2, '23 GT4
Join Date: May 2007
Location: NJ

iTrader: (4)

Garage List
2025 BMW Z4 M40i  [10.00]
2016 BMW M2  [8.93]
Quote:
Originally Posted by Biorin
Quote:
Originally Posted by F87LUV View Post
If this family member is not wealthy to begin with and doesn't have assets over $5M already (and never will), they won't have to pay a gift tax. Individuals have a lifetime exclusion. For 2016, it's $5.45M. They would need to file a gift tax return for the excess of $14,000 and take the remainder from their lifetime exclusion. No tax will be due from either party.

Edit: if this person is married, they can also split gifts and give $28,000 to each person without tapping into their lifetime exclusion every year.
This!

Do you do tax as well?
Yes ma'am. I'm a CPA and also in the process of becoming a CFP. You?
__________________
IG: Trackinheels
Appreciate 3
Joekerr7921.50
      07-26-2016, 03:49 PM   #8
ASBSECU E93
Know's a guy that know's a guy...
ASBSECU E93's Avatar
5646
Rep
1,905
Posts

Drives: 2010 335d; 2008 135i
Join Date: Sep 2011
Location: Somewhere over the rainbow

iTrader: (5)

Or.....the jackpot winner could open a joint account with you and you could simply write checks or transact on the account without ever having sole possession of the $$$.
__________________
Quote:
Originally Posted by Lups View Post
She stood there. Pointed a finger at me and laughed at me. That damn bitch.
Quote:
Originally Posted by Lups View Post
Poop shit, shit and poop. I'm mildly angry now.
Appreciate 0
      07-26-2016, 03:50 PM   #9
ASBSECU E93
Know's a guy that know's a guy...
ASBSECU E93's Avatar
5646
Rep
1,905
Posts

Drives: 2010 335d; 2008 135i
Join Date: Sep 2011
Location: Somewhere over the rainbow

iTrader: (5)

Quote:
Originally Posted by F87LUV
Quote:
Originally Posted by Biorin
Quote:
Originally Posted by F87LUV View Post
If this family member is not wealthy to begin with and doesn't have assets over $5M already (and never will), they won't have to pay a gift tax. Individuals have a lifetime exclusion. For 2016, it's $5.45M. They would need to file a gift tax return for the excess of $14,000 and take the remainder from their lifetime exclusion. No tax will be due from either party.

Edit: if this person is married, they can also split gifts and give $28,000 to each person without tapping into their lifetime exclusion every year.
This!

Do you do tax as well?
Yes ma'am. I'm a CPA and also in the process of becoming a CFP. You?
Big brain #1 and Big brain #2!!!

You ladies rule
__________________
Quote:
Originally Posted by Lups View Post
She stood there. Pointed a finger at me and laughed at me. That damn bitch.
Quote:
Originally Posted by Lups View Post
Poop shit, shit and poop. I'm mildly angry now.
Appreciate 3
      07-26-2016, 03:50 PM   #10
F87LUV
Lieutenant General
F87LUV's Avatar
United_States
3973
Rep
15,132
Posts

Drives: '16 M2, '23 GT4
Join Date: May 2007
Location: NJ

iTrader: (4)

Garage List
2025 BMW Z4 M40i  [10.00]
2016 BMW M2  [8.93]
Quote:
Originally Posted by jtodd_fl
I am not a financier, but -redacted stupid amateur stuff since real answers were given later and I don't want to confuse people - ASBSECU E93 OR Biorin may be able to point you to some resources. They iz smart.

Oh... or @f87LUV... who knew... (Sorry luv.)
Lol. It's ok. My beauty is misleading. Who knew?
__________________
IG: Trackinheels
Appreciate 1
      07-26-2016, 03:50 PM   #11
UncleWede
Long Time Admirer, First Time Owner
UncleWede's Avatar
United_States
18454
Rep
9,428
Posts

Drives: G01 X3 M40i Dark Graphite
Join Date: Jun 2005
Location: Oxnard, CA

iTrader: (0)

Or, you could just get Lups to buy some goats
Appreciate 1
      07-26-2016, 03:51 PM   #12
shoei
Banned
7778
Rep
2,601
Posts

Drives: MW Vespa w/pink racing stripes
Join Date: Nov 2007
Location: Peeing in your garden

iTrader: (3)

Quote:
Originally Posted by F87LUV
Quote:
Originally Posted by jtodd_fl
I am not a financier, but -redacted stupid amateur stuff since real answers were given later and I don't want to confuse people - ASBSECU E93 OR Biorin may be able to point you to some resources. They iz smart.

Oh... or @f87LUV... who knew... (Sorry luv.)
Lol. It's ok. My beauty is misleading. Who knew?
Probably because it's covered by the size of your ego ?
Appreciate 1
      07-26-2016, 03:52 PM   #13
F87LUV
Lieutenant General
F87LUV's Avatar
United_States
3973
Rep
15,132
Posts

Drives: '16 M2, '23 GT4
Join Date: May 2007
Location: NJ

iTrader: (4)

Garage List
2025 BMW Z4 M40i  [10.00]
2016 BMW M2  [8.93]
Quote:
Originally Posted by ASBSECU E93
Or.....the jackpot winner could open a joint account with you and you could simply write checks or transact on the account without ever having sole possession of the $$$.
If I won $2M and i was only giving you $100k, no way you're getting access to that account.
__________________
IG: Trackinheels
Appreciate 0
      07-26-2016, 03:53 PM   #14
jtodd_fl
2nd Asst to Dept Undersecretary
jtodd_fl's Avatar
6709
Rep
1,298
Posts

Drives: People crazy
Join Date: Sep 2013
Location: Florida

iTrader: (0)

Garage List
2015 F82 M4  [9.00]
2016 F87 M2  [0.00]
2011 E92 M3  [0.00]
Quote:
Originally Posted by shoei View Post
Probably because it's covered by the size of your ego ?
Whoa...



Did I do it right, young shoei ? Am I cool now?
__________________
This space for rent.
Appreciate 0
      07-26-2016, 03:53 PM   #15
F87LUV
Lieutenant General
F87LUV's Avatar
United_States
3973
Rep
15,132
Posts

Drives: '16 M2, '23 GT4
Join Date: May 2007
Location: NJ

iTrader: (4)

Garage List
2025 BMW Z4 M40i  [10.00]
2016 BMW M2  [8.93]
Quote:
Originally Posted by shoei
Quote:
Originally Posted by F87LUV
Quote:
Originally Posted by jtodd_fl
I am not a financier, but -redacted stupid amateur stuff since real answers were given later and I don't want to confuse people - ASBSECU E93 OR Biorin may be able to point you to some resources. They iz smart.

Oh... or @f87LUV... who knew... (Sorry luv.)
Lol. It's ok. My beauty is misleading. Who knew?
Probably because it's covered by the size of your ego ?
Good point, indeed.
__________________
IG: Trackinheels
Appreciate 2
      07-26-2016, 03:54 PM   #16
jtodd_fl
2nd Asst to Dept Undersecretary
jtodd_fl's Avatar
6709
Rep
1,298
Posts

Drives: People crazy
Join Date: Sep 2013
Location: Florida

iTrader: (0)

Garage List
2015 F82 M4  [9.00]
2016 F87 M2  [0.00]
2011 E92 M3  [0.00]
Quote:
Originally Posted by F87LUV View Post
If I won $2M and i was only giving you $100k, no way you're getting access to that account.
I'm guessing he meant a joint account with only $100K in it
__________________
This space for rent.
Appreciate 0
      07-26-2016, 03:55 PM   #17
F87LUV
Lieutenant General
F87LUV's Avatar
United_States
3973
Rep
15,132
Posts

Drives: '16 M2, '23 GT4
Join Date: May 2007
Location: NJ

iTrader: (4)

Garage List
2025 BMW Z4 M40i  [10.00]
2016 BMW M2  [8.93]
Quote:
Originally Posted by jtodd_fl
Quote:
Originally Posted by F87LUV View Post
If I won $2M and i was only giving you $100k, no way you're getting access to that account.
I'm guessing he meant a joint account with only $100K in it
Oh, MY bad. Please forgive me.

But i still see a gift tax issue if it's a joint account with a non spouse.
__________________
IG: Trackinheels
Appreciate 1
      07-26-2016, 03:55 PM   #18
Biorin
Lieutenant
Biorin's Avatar
2785
Rep
421
Posts

Drives: to get cheeseburgers
Join Date: Oct 2013
Location: Sweatervests & Range Rovers

iTrader: (0)

Quote:
Originally Posted by F87LUV View Post
Yes ma'am. I'm a CPA and also in the process of becoming a CFP. You?
I'll PM you.
__________________
Quote:
Originally Posted by Verbiage View Post
you're like, the cocaine godmother of BP.
Appreciate 1
      07-26-2016, 04:01 PM   #19
ASBSECU E93
Know's a guy that know's a guy...
ASBSECU E93's Avatar
5646
Rep
1,905
Posts

Drives: 2010 335d; 2008 135i
Join Date: Sep 2011
Location: Somewhere over the rainbow

iTrader: (5)

Yea - F87LUV, that Big Brain status is now in jeopardy

Separate account with only the $100m funds, joint between the 2 specified account holders.

To further safe guard the larger account - the account would be housed in a completely different FI, so the larger could not 'accidentally' be accessed....
__________________
Quote:
Originally Posted by Lups View Post
She stood there. Pointed a finger at me and laughed at me. That damn bitch.
Quote:
Originally Posted by Lups View Post
Poop shit, shit and poop. I'm mildly angry now.
Appreciate 0
      07-26-2016, 04:05 PM   #20
Biorin
Lieutenant
Biorin's Avatar
2785
Rep
421
Posts

Drives: to get cheeseburgers
Join Date: Oct 2013
Location: Sweatervests & Range Rovers

iTrader: (0)

Quote:
Originally Posted by ASBSECU E93 View Post
Yea - F87LUV, that Big Brain status is now in jeopardy

Separate account with only the $100m funds, joint between the 2 specified account holders.

To further safe guard the larger account - the account would be housed in a completely different FI, so the larger could not 'accidentally' be accessed....
$100m, now we talkin'.
__________________
Quote:
Originally Posted by Verbiage View Post
you're like, the cocaine godmother of BP.
Appreciate 2
      07-26-2016, 04:06 PM   #21
F87LUV
Lieutenant General
F87LUV's Avatar
United_States
3973
Rep
15,132
Posts

Drives: '16 M2, '23 GT4
Join Date: May 2007
Location: NJ

iTrader: (4)

Garage List
2025 BMW Z4 M40i  [10.00]
2016 BMW M2  [8.93]
Quote:
Originally Posted by ASBSECU E93
Yea - F87LUV, that Big Brain status is now in jeopardy

Separate account with only the $100m funds, joint between the 2 specified account holders.

To further safe guard the larger account - the account would be housed in a completely different FI, so the larger could not 'accidentally' be accessed....
But the moment the non spouse joint owner makes a withdrawal (in excess of annual exclusion), it constitutes a gift.
__________________
IG: Trackinheels
Appreciate 1
OutlawX3M298.50
      07-26-2016, 04:08 PM   #22
jtodd_fl
2nd Asst to Dept Undersecretary
jtodd_fl's Avatar
6709
Rep
1,298
Posts

Drives: People crazy
Join Date: Sep 2013
Location: Florida

iTrader: (0)

Garage List
2015 F82 M4  [9.00]
2016 F87 M2  [0.00]
2011 E92 M3  [0.00]
Uh oh...
__________________
This space for rent.
Appreciate 1
bosstones1245.00
Post Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 07:22 PM.




m5:
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST