San Diego, CA asked in Tax Law and Employment Law for California

Q: If I got a paycheck for doing work at a friend's company, and then wanted to give that friend a cash gift, is that ok?

Essentially I did work at a company and got paid by the company. I also want to give a gift to a friend. Would it raise any flags that the friend I want to give the gift to is also the owner of the company I worked for?

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2 Lawyer Answers

A: Yes, a red flag goes up.

James L. Arrasmith
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Answered

A: To answer this question, we need to consider several aspects of tax law and potential implications. Here's a breakdown of the key points:

1. Legitimate income:

First, it's important that the paycheck you received for work at your friend's company is legitimate income. This means:

- The work was actually performed

- The pay was at a fair market rate for the services provided

- Proper taxes were withheld and reported

2. Gift giving:

In general, giving gifts is allowed and there are no restrictions on who you can give gifts to. However:

- Large gifts may be subject to gift tax reporting requirements

- For 2024, you can give up to $18,000 per person per year without needing to report it (annual exclusion amount)

3. Potential red flags:

The situation you describe could potentially raise some flags with tax authorities because:

- The close timing between receiving payment and giving a gift

- The relationship between you, the company, and the gift recipient

4. Considerations:

To avoid any appearance of impropriety:

- Ensure all work and payments are properly documented and reported

- Keep clear records of the gift, including the intent behind it

- Consider spacing out the gift from the work payment if possible

- Be prepared to demonstrate that the gift is not related to the work performed

5. Consultation:

Given the potential complexities, it would be advisable to consult with a tax professional who can review the specific details of your situation.

While giving a gift to a friend who happens to be the owner of a company you worked for is not inherently illegal, the circumstances could invite scrutiny. The key is to ensure everything is properly documented and that there's a clear separation between the work performed and the gift given.

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