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Richard, Tax Attorney
Category: Tax
Satisfied Customers: 55288
Experience:  29 years of experience as a tax, real estate, and business attorney.
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My Dad is 78 years old and collects Social Security. I am his

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My Dad is 78 years old and collects Social Security. I am his son and am 50 years old. I have an LLC with a S Corp. I want to give him a gift for all the things he helped me with
when I was sick for 11 years and had a kidney transplant. The gift I want to give is shares in a company that hasn't gone public yet, but is projected to do well. If it does well
as expected it could be a real windfall. Would it be better to put the shares in his name or under my LLC, to pay less tax on the proceeds?

Good morning. You should give him the shares directly. You have a $5,000,000 lifetime exemption so you can make this gift without gift tax consequences.



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Customer: replied 5 years ago.
Who would pay less tax on the proceeds?
Your dad is probably in a lower tax presumably he would. If you hold the shares for at least 12 months before sale, the gain would be long term capital if you are in the 0% to 15% marginal income tax rate (including the gain from any sale), you would not pay any tax; otherwise you would be tax at the rate of 15% on the gain.
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