Yes, in the United States you are allowed to make a gift to an LLC. For a good number of modern businesses, a gift is the simplest way of obtaining business capital, especially since they have no ongoing obligation to the giver. A friend or family member might choose to offer a gift of money to help anyone get their business started. To document a gift, all that is necessary is a letter explaining that the cash is a gift.

The IRS explains a gift as “any transfer to an individual, either directly or indirectly, where full consideration is not received in return.” If you write a huge check, gift some investments, or give a car to someone other than your spouse or dependent, you have made a gift. Also note that the IRS has a gift tax limit, both for the amount you can give each year and for what you can give over the course of your life.

Note that the giver will have to keep a copy for tax purposes, to assure the IRS that the transfer wasn’t an interest-free loan. For 2022, the annual gift tax exemption has remained $15,000 per recipient. It simply entails that anyone can give up to $15,000 to as many people or businesses as they want during the year without any of it being subject to tax.

The gift tax is charged by the IRS if you transfer money or property to another person without getting back at least equal value in return. Have it in mind that aside from making gifts to LLCs, this also applies to parents gifting money, property or any other transfer to their children. In addition, there is a lifetime exclusion of $11.7 million.

Also, note that it applies to anything you sell below fair market value. For example, if you sell your home to an LLC or a corporation for $175,000 when it is worth $250,000, the $75,000 difference could be considered a gift. And since it surpasses the annual gift tax limit, it will be deducted from your lifetime gift tax limit.

In the United States, there are many things the IRS doesn’t consider a gift, however, if you are feeling generous toward a corporation, endeavor to take into consideration the Internal Revenue Service’s view of your gift, whether it is in the form of money or property.

Always remember there is a critical tax distinction between for-profit and non-profit corporations, and gifts in large amounts may attract a gift tax. Before writing the check, or making the transfer, ensure you understand the rules on gift taxes and the all-vital exclusion amount.

Factors and Consequences to Consider When Making a Gift to an LLC

Ideally, it is the giver, not the recipient, who is tasked with paying taxes on gifts in the United States. However, a good number of individuals won’t have to pay a gift tax on what they give. That is primarily because the IRS offers individuals lifetime exclusion to give tax-free on top of an annual exclusion per recipient. There are a few other factors and consequences to consider when making a gift to an LLC, and they include;

  1. For-Profit and Non-profit Corporations

Generally, businesses and companies come in various types; however, the most telling difference is for-profit and non-profit. Have it in mind that a for-profit company is subject to federal and state taxes on the income it receives from clients and customers. A non-profit is tax-exempt, as long as it retains certain or all necessary IRS guidelines. From the standpoint of gift taxes – which are levied on you as the giver – there’s no crucial difference between the two.

  1. Gifts of Property

Just like it was stated above, not every gift, in the view of the IRS, takes the form of a check made out to the recipient. For instance, if you offer a vehicle to a charitable organization, have it in mind that the fair market value of that vehicle portrays the cash value and counts toward the gift tax.

Also, note that this includes any asset you either give outright or sell to the recipient at a below-market value. In the United States, the IRS does not consider a gift to be the same as income to the recipient, and the recipient is not expected to include the amount in its own taxable income, whether or not it is a for-profit corporation.

  1. Gifts in the Proper Context

Ordinarily, the phrase “ordinary course of business” refers to gifts offered to a corporation. A gift, in the IRS’ view, is expected to be something special. Have it in mind that it is not an inconceivable price break on wholesale supplies, an additional service inculcated at no charge to a work estimate or forgiven interest on a bank loan.

The gift is expected to be made outside of the normal course of business for the recipient; if not, it is subject to the general rules on income, sales taxes, and federal excise taxes, and so on. The gift tax exclusion and thresholds, in that case, may not apply.

  1. Lifetime Gifts, Estates, and Estate Taxes

Have it in mind that the IRS wants to know about any gifts of more than $14,000 to any recipient. If you intend to offer a large gift, you will be expected to file Form 709, the Gift Tax Return, and let the agency know explicitly the amount you gave and to whom.

Note that this is correct for gifts to for-profit as well as not-for-profit organizations, with three very vital exceptions: gifts to political organizations, gifts that pay an educational institution for tuition, and gifts that pay providers directly for medical expenses.

Conclusion

Have it in mind that the IRS allows every taxpayer to gift up to $15,000 to an individual recipient or establishment in one year. Note there is no limit to the number of recipients you can make a gift to, however, there is also a lifetime exemption of $11.7 million. In the United States, even if you gift someone or a corporation more than $15,000 in one year, you will not have to pay any gift taxes unless you go over that lifetime gift tax limit.

Solomon. O'Chucks