Seeking Gifting Law Clarity – Are They Just For The Wealthy?
From the standpoint of estate and tax planning, cash gifting between individual to individual, or between individual and organization, the process is known to follow a standard legal and standard context. This process is well-known, methodical and hardly questioned as it is conducted in accordance with the boilerplate.
As a contrast, when cash gift exchange follows the same rules, limits, etc. apart from the estate and tax planning context, there appears to be a distinctly opposed mental approach to the ideas of how cash can or cannot be exchanged between consenting individuals.
Initially, a legal and rule-based process entitling a legitimate foundation for handling of those gifts, etc. in the hands of those of substantial or of sufficient financial means. Professional counsel is acquired and used as a normal consequence of participating according to the regulations. However, stepping beyond our more familiar context, the action of gifting could introduce a penalty of suspicion, or worse in specific locales, particularly Kentucky and Nebraska, have recorded actual penalties under specific circumstances.
Rationally and structurally, those who seek to explore gifting activities beyond tax and estate planning scenarios are involved first in a choice, whether legitimate or not, from the latest and mostly well-intended programs. This examination step leads to a breaking down of a major obstacle of a different sort, one that acts as a key to the gifting premise – that a recipient benefits first, through a method of attraction and as an act of faith to others who possess the ability to break through the same barrier. Honestly, the idea of releasing hard-earned assets goes totally against that which we have learned. We have learned that unconventional, benevolent giving is frequently a basis for fraudulent activity, and that ‘..if it looks too good to be true, it probably is..’ However, benevolence is largely acquired behavior, or not one that is necessarily natural for many, and is hopefully, expected to be the basic motivator. The absence of which creates the need for scrutiny and suspicion, given the legacy of previous violations of some less than well-intended approaches historically.
Naturally, or perhaps, incredibly, and in light of the characteristic of air of suspicion, introduces an opposing perception through estate planning rules, where the win-win outcome is the target of all participants, unquestionably. Estate and tax planning in itself is a perpetual exercise in win-win, to treat the tax laws fairly, as we aim for the optimum conclusion for the control of ones personal, appreciated and acquired assets.
It is the responsibility of all who participate in any and all cash gifts, and certainly for purposes unrelated to estate planning, to measure the motivations, the processes and programs that exist, to insist that ethics and laws are respected, and to maintain reasonable expectations with respect to results as a result of any participation.
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