The ethicacy of gifting to avoid paying taxes
Recently, I discovered that I can gift up to $19K (2025) per child tax free - every year. After investigating I confirmed this and thought about using gifting as a means of avoiding taxes. In the end it is not that easy.
In this recent case, I wanted to help a daughter with a gift toward the purchase of a new home as an "early inheritance disbursement from my estate".
So I initiated several conversations with trusted financial advisors to learn about using gifting as a means of avoiding ALL taxes from my IRA.
Then, a key questioned was posed to me : "do you oppose paying taxes?".
This raised the bigger question - what is my social responsibility to contribute back into the welfare of the state.
Another advisor clarified the morally: "a gift is a gift" - and should be given without expecting to receive anything in return. Good advise but in this case there are 3 parties in the gifting :
- the receiver,
- myself, and
- the state (IRS).
Yet another advisor raised the point that "tax free" IRA is part of a social contract that means to avoid taxes in early age.
And, as part of the social contract there is the obligation to pay income tax when it is used.
Being Methodist I fell back onto Wesley's sermon on money (see below) whose main point are:
- Earn all you can :: do no harm in your endeavors, all income belongs to God
- Save all you can :: live modestly and prioritize things in your life (family, calling)
- Give all you can :: wealth is a stewardship for God's will, act as a trustee.
Storing away money without use is counter to God's will.
Wealth, ie. savings
- Savings should be regarded as a gift of God for the benefits that it brings in ordering the affairs of civilization and the opportunities.
- It offers opportunities for doing good - distribution to the God' children, food for the hungry, cloths for the naked and shelter for the stranger.
- Wealth has been entrusted to you for a short while by the God who brought you into being.
- It all belongs to God. Your wealth is to be used for him as a holy sacrifice, made acceptable through Jesus Christ.
- The first responsibility of wealth is taking care of my family to alleviate any burden on them.
- Distribution to charity
I feel 100% morally save transferring these savings without paying taxes. - Distribution to Investment organizations (real estate, markets, etc.)
This is ultimately a use of INCOME to increase the value of God's gift. This is why a transfer from one IRA to another IRA is basically tax free. So clearly such transfers should be tax free. - Distribution to Family -- here we face 2 cases:
- Inheritance to other family members
Such transfer is not just a transfer of funds but a transfer of God's stewardship and a clear declaration of the trustee.
The receiver is expected to be my trustee and to be guided per my and Wesley's sermon on money. - Dealing with calamity (sickness, injury, liability, attack, collapse, etc.)
This is a difficult dilemma because one has too see the calamity as an act of God and to judge the integrity of the state in caring for the least in our society.
If the state has programs for aiding in such clamity then it is clear that withdrawal for dealing with the calamity should pay one's fair share of taxes.
If on the other hand the state makes it hard or imposisble to care and aid for the least among us, then it is best that the distribution be done as a Gift. A gift from God and a gift from the wise stewardship of a faithful servant and child of God.
For this, what is the test? Refer to Wesley's summary to give the transfer after careful prayer with God; asking for God's guidance. This is the only clear test of one's conscious.
References
1. How to use gifting to reduce your tax liability.-your-tax-liability
John Wesley's sermon on money:
The right use of money is of the utmost importance to the Christian, yet it is a subject given too little attention. Wealth has often been regarded by poets and philosophers as a source of evil and yet the fault lies, not with money, but with those who use it. Indeed, money should be regarded as a gift of God for the benefits that it brings in ordering the affairs of civilization and the opportunities it offers for doing good. In the hands of God’s children, money is food for the hungry, clothing for the naked and shelter for the stranger. With money we can care for the widow and the fatherless, defend the oppressed, meet the need of those who are sick or in pain.
It is therefore most urgent that God’s people know how to make use of their money for his glory. All the necessary instructions can be condensed into 3 simple rules:
- Gain all you can
- Save all you can
- Give all you can
Gain all you can
With this first rule, we sound like children of the world, and it is our bounden duty to do this. There are, however, limits to this rule. We should not gain money at the expense of life or health. No sum of money, however large, should induce us to accept employment which would injure our bodies. Neither should we begin (or continue in) any business which deprives us of the food and sleep that we need. We may draw a distinction between businesses which are absolutely unhealthy, such as those that deal directly with dangerous materials, and those employments which would be harmful to those of a weak constitution. If our reason or experience shows that a job is unhealthy for us, then we should leave it as soon as possible even if this means that our income is reduced.
The rule is further limited by the necessity not to undertake any employment which might injure our minds. This includes the pursuit of any trade which is against the law of God or the law of the land. It is just as wrong to defraud the king of taxes as it is to steal from our fellow citizens. There are businesses which might be innocent in themselves but which, at least in England at this time require cheating, lying or other customs which are contrary to good conscience, to provide an adequate income. These, too, we should avoid. There are other trades which many may pursue with complete innocence but which you may not because of some peculiarity of your nature. For example, I am convinced that I could not study mathematics without losing my faith, yet many others pursue a lifetime study in that field without harm. Everyone must judge for themselves and refrain from whatever may harm their mind and soul.
What is true of ourselves is equally true of our neighbour. We should not “gain all we can” by causing injury to another, whether to his trade, his body or his soul. We should not sell our goods below their market price nor should we entice away, or receive, the workers’ that a brother has need of. It is quite wrong to make a living from selling those things which would harm a neighbour’s health and physicians should not deliberately prolong a patient’s illness in order to improve his own income.
With these restrictions, it is every Christian’s duty to observe this first rule: ‘Gain all you can’. Gain all you can by honest work with all diligence. Lose no time in silly diversions and do not put off until tomorrow what may be done today. Do nothing by halves; use all the common sense that God has given you and study continually that you may improve on those who have gone before you. Make the best of all that is in your hands.
Save all you can
This is the second rule. Money is a precious gift. It should not be wasted on trivialities. Do not spend money on luxury foods, but be content with simple things that your body needs. Ornaments too, whether of the body, house or garden are a waste and should be avoided. Do not spend in order to gratify your vanity or to gain the admiration of others. The more you feed your pride in this way, the more it will grow within you.
And why should you spoil your children in this way? Fine clothes and luxury are a snare to them as they are to you. Why would you want to provide them with more pride and vanity? They have enough already! If you have good reason to believe that they would waste your wealth then do not leave it to them. Do not tempt them in this way. I am amazed at those parents who think that they can never leave their children enough. Have they no fear of hell? If there is only one child in the family who knows the value of money and there is a fortune to be inherited, then it is that one who should receive the bulk of it. If no child can be trusted in this way then it is the Christian’s duty to leave them only what will keep them from being in need. The rest should be distributed in order to bring glory to God.
Give all you can
Observing the first two rules is far from enough. Storing away money without using it is to throw it away. You might just as well cast your money into the sea as keep it in the bank. Having gained and saved all you can, then give all you can.
Why is this? You do not own the wealth that you have. It has been entrusted to you for a short while by the God who brought you into being. All belongs to him. Your wealth is to be used for him as a holy sacrifice, made acceptable through Jesus Christ.
If you wish to be a good steward of that which God has given to you on loan the rules are simple enough. First provide sufficient food and clothing for yourself and your household. If there is a surplus after this is done, then use what remains for the good of your Christian brothers and sisters. If there is still a surplus, then do good to all people, as you have the opportunity. If at any time you have a doubt about any particular expenditure, ask yourself honestly:
- Will I be acting, not as an owner, but as a steward of the Lord’s goods?
- Am I acting in obedience to the word of God?
- Is this expense a sacrifice to God through Jesus Christ?
- Do I believe that this expense will bring reward at the day of resurrection?
SUMMARY
If you are still in doubt, put these questions as statements to God in prayer: “Lord, you see that I am going to spend this money on … and you know that I am acting as your trusted steward according to your design.” If you can make this prayer with a good conscience then you will know that your expense is right and good.
These, then, are the simple rules for the Christian use of money. Gain all you can, without bringing harm to yourself or neighbour. Save all you can by avoiding waste and unnecessary luxuries. Finally, give all you can. Do not limit yourself to a proportion. Do not give God a tenth or even half what he already owns, but give all that is his by using your wealth to preserve yourself and family, the Church of God and the rest of humanity. In this way you will be able to give a good account of your stewardship when the Lord comes with all his saints.
I plead with you in the name of the Lord Jesus, no more delay! Whatever task is before you, do it with all your strength. No more waste or luxury or envy. Use whatever God has loaned to you to do good to your fellow Christians and to all people. Give all that you have, as well as all that you are, to him who did not even withhold his own Son for your sake.
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