Gifting Company Stock: A Step-by-Step Guide

Gifting stock is a useful asset-preservation strategy that should not be forgotten because other options are available to adults and seniors. By gifting appreciated stock, you avoid capital gains taxes that would apply if you sold the stock yourself. The recipient takes on a cost basis, which can lead to tax benefits depending on their income level when they sell.

You can gift up to $18,000 without incurring gift tax 2024 for each recipient. Amounts exceeding this limit will count against your lifetime gift tax exemption of approximately $13.61 million. For recipients under 24 who are full-time students, unearned income over $2,600 may be taxed at their parents’ rate. This includes dividends or interest from gifted stocks.

Gifting company stock may be done in several ways, depending on the stock’s present holdings. Let’s talk about the steps for gifting company stock, the potential risks and limitations, and the tax considerations and planning strategies you and those you serve need to make.

Gifting company stock

Gifting company stock is a novel method to excite people about investing in a business or a market segment. You may give stock to people you care about from your current investment portfolio through a stockbroker.

A single share of stock is an excellent way to educate people on the value of saving, investing, and investing in themselves.

Keep in mind that if you give someone shares and those shares have a capital gain, the receiver will also get the gain. If the receiver decides to sell the shares, they will incur capital gains tax equal to the variance between the selling price and the cost basis.

It is best to seek the advice of a tax expert, as capital gains taxes may vary depending on whether the investment is held for a short or lengthy period.

The concept of gifting company stocks to your dear ones revolves around a few specific terms. It is therefore important to be familiar with the following concepts.

• Stock ownership – Owning shares of a company’s stock is referred to as “stock ownership”. If you have stock in a corporation, you are a shareholder and entitled to a portion of the firm’s profits and assets.
• Gift tax – A gift tax is an obligation on the act of giving money, property, or other assets to someone else. When it comes to stock ownership, the giftee may owe gift tax on the stock’s value if it is transferred to them.
• Annual exclusion – This is the most money or assets that may be donated to another individual in one year with no triggering gift tax responsibilities. This allows for a tax-free giving option for smaller-scale transfers of money or property.
• Gift tax exemption – An individual’s ability to make gifts of money or property valued at more than the yearly exclusion amount without having to pay gift tax is limited by their lifetime exemption amount.
• Cost basis – The initial value or cost of purchase of an item, such as stocks, which is used to compute capital profits or losses after the asset goes on sale, taking into account any modifications for variables such as dividends invested again or stock splits.

Steps for Gifting Company Stock

The rules and regulations of taxes might change throughout time and can be different from one jurisdiction to the next. To guarantee proper compliance when presenting business shares as a gift, it is crucial to keep up with the relevant requirements and seek expert assistance. Here is a list of steps you must follow for gifting company stocks.

• Determine the stock ownership – Provide details about the shares of stock in a certain firm that you hold, such as the ticker symbol and the number of shares. To legally transfer the stocks, you must have the appropriate paperwork and authorization.
• Determine the gift tax implications – Make sure you are aware of any possible gift tax ramifications before you transfer the stocks. If you need help figuring out whether or not gift taxes will apply, you may consult the relevant tax rules or speak with a tax expert.
• Consider the annual exclusion – Find out whether the cost of the stock gifts exceeds the amount you may give away tax-free in a given year. To avoid paying gift tax on any gifts under the annual exclusion, you may give up to that amount to any one recipient in a single calendar year. Gifting company stock might be subject to taxation if its value is more than the yearly exclusion amount.
• Consider the gift tax exemption – Determine if you are eligible for an unused gift tax exemption if the value of the donated stocks is more than the yearly exclusion. If you make smaller donations in addition to your lifetime exemption amount, you won’t have to pay gift tax on the difference. It is important to be informed of the current tax exemption limit.
• Consider the cost basis – Before you decide to give stocks, you need to calculate their cost basis. For reasons of accounting and taxes, the cost basis indicates the initial value of the stocks. When the time comes for the receiver to sell the donated stocks, they may refer to this information to determine their gain or loss.
• Execute the gift – Send the shares to the beneficiary by following the stock transfer agent or brokerage’s instructions. Finish up any paperwork or documentation that has to be done for the transfer.
• File the gift tax return – Gifting securities that are worth more than the yearly exemption or gift tax deduction may necessitate filing a gift tax return. Gifts that are liable to gift tax in the US must be reported using Form 709. To make sure your tax returns are filed on time and by the law, you should read the applicable rules or consult a tax expert.

Tax Considerations of Gifting Stocks

Gifting stocks involves several tax considerations that both the giver and the recipient should understand. Understanding these key points can help navigate the complexities of gifting stocks while minimizing potential tax liabilities.

• Gift Tax Exclusion – We can gift up to $17,000 per recipient in 2023 without incurring gift tax. Amounts above this may count against your lifetime exemption, which is $12.92 million.
• Tax Implications for the Giver – The giver does not pay taxes on the gift itself since the Gift Tax Act was abolished. However, if the stock’s value exceeds the annual exclusion, a gift tax return (Form 709) must be filed.
• Tax Implications for the Recipient – Recipients assume the cost basis of the stock, meaning they will pay capital gains tax based on the original purchase price when they sell it. If the stock appreciates, they owe taxes on the gain; if it depreciates, they can only deduct losses based on its fair market value at gifting. 
• Holding Period Considerations – The holding period for determining capital gains includes the time the original owner held the stock. This can affect whether gains are taxed at short-term or long-term rates.
• Exemptions from Tax – Gifts to relatives or on occasions like marriage are generally exempt from taxation. Additionally, inherited stocks have different tax treatments, often benefiting from a step-up in basis. 
• Documentation – Documentation such as a gift deed, should be maintained to justify the transaction and avoid scrutiny from tax authorities. 

Potential Risks and Limitations

It’s vital to be wary of the dangers and limits of gifting firm stock, yet doing so may be a kind and smart method to transfer rights and assets. There are many factors to consider when gifting company stock, such as the donor’s gift tax liability, the recipient’s tax condition upon the stock’s future sale, the company’s internal structure, and the donor’s estate planning goals.

Gift Tax Consequences

There may be gift tax implications when giving away business shares. Donors may have to pay gift tax if the market value of their stock donations exceeds either the yearly exclusion amount or the current gift tax exemption.

The possible tax consequences of gifting company stock should not be ignored, and neither should the advice of a tax expert on the subject.

Impact On Estate Planning

There may be estate planning ramifications associated with gifting company stocks. There may also be estate tax savings associated with stock gifts since they lessen the donor’s taxable estate.

However, it is crucial to assess the estate planning approach as a whole, taking into account the possible influence on the estate’s worth, the recipient’s financial status, and any long-term ramifications.

Impact on control of the company

The donor’s influence inside the firm may be weakened if stock is given away. Gifting company stocks means the giver has no say in the company’s management or control over the shares.

It is important to consider how this could alter corporate oversight and management dynamics since it may change who has access to what levels of decision-making authority inside the organization.

Impact on the Recipient’s Tax Situation

The receiver may have to pay taxes on a gift of business shares. The beneficiary may owe capital gains tax on the disparity between the share’s actual market value during the time of the gift and its cost basis when the stock is subsequently sold.

The beneficiary should seek the advice of a tax expert to help them prepare for any tax reporting or payment requirements.

Looking For Expert Guidance For Your Company Stock Valuation?

Stock in a business may be gifted as a considerate and well-thought-out strategy to pass on control and assets. It is critical, however, to steer clear of pitfalls connected to things like gift taxes, estate plans, power dynamics, and the recipient’s tax situation.

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