Yearly Gift Tax Reclassified by NTA

Post Reply
Kadek Son
Probation (posts moderated and no PMs)
Posts: 3
Joined: Sat Jun 08, 2024 10:19 pm

Yearly Gift Tax Reclassified by NTA

Post by Kadek Son »

Has anyone had experience with this? I've seen a few laywer websites that suggest a gift contract be created in order to designate the gift amount, period and finality of the gift. Attempting to establish the gift as a single event with no future gifts planned. In addition, any regularity of gift giving should be avoided.

It appears that If you structure a single gift to spread it over several years it can get reclassified by the NTA as a single, taxable gift for the full amount. So, 1.1 million yearly gift for ten years can be reclassified as a 11million gift and taxed at that rate (40%).

Additional information would be appreciated.
Tkydon
Sensei
Posts: 1398
Joined: Mon Nov 23, 2020 2:48 am

Re: Yearly Gift Tax Reclassified by NTA

Post by Tkydon »

Kadek Son wrote: Sat Jul 13, 2024 3:02 pm It appears that If you structure a single gift to spread it over several years it can get reclassified by the NTA as a single, taxable gift for the full amount. So, 1.1 million yearly gift for ten years can be reclassified as a 11million gift and taxed at that rate (40%).
After deducting the 1.1 million yearly gift allowance of Y1.1M from the Y11M, and depending on whether the gift(s) was (were) from (a) Lineal Relative(s) (Parents, Grand Parents, etc.) or not, due to the rising marginal tax bands, the tax on 11M would work out to be:

Y2,070,000 or 20.91% on gifts from Lineal Relatives
or
Y2,710,000 or 27.37% on gifts from Unrelated Donors

and not 30% which is the marginal tax band for gifts from Lineal Relatives
nor 40% which is the marginal tax band for gifts from Unrelated Donors
:
:
This Guide to Japanese Taxes, English and Japanese Tai-Yaku 対訳, is now a little dated:

https://zaik.jp/books/472-4

The Publisher is not planning to publish an update for '23 Tax Season.
TokyoSurvivor
Regular
Posts: 35
Joined: Sun Nov 20, 2022 3:52 am

Re: Yearly Gift Tax Reclassified by NTA

Post by TokyoSurvivor »

Kadek Son wrote: Sat Jul 13, 2024 3:02 pm Has anyone had experience with this? I've seen a few laywer websites that suggest a gift contract be created in order to designate the gift amount, period and finality of the gift. Attempting to establish the gift as a single event with no future gifts planned. In addition, any regularity of gift giving should be avoided.

It appears that If you structure a single gift to spread it over several years it can get reclassified by the NTA as a single, taxable gift for the full amount. So, 1.1 million yearly gift for ten years can be reclassified as a 11million gift and taxed at that rate (40%).

Additional information would be appreciated.

I would like to know more about this as affects tax planning. Do you have a link to the source I can read?
Post Reply