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Gift Tax for a yacht?

Posted on 8/28/13 at 2:03 pm
Posted by jsquardjj
Member since Oct 2009
1317 posts
Posted on 8/28/13 at 2:03 pm
Strange situation, but my boss is buying a 42' yacht in cash but would like to put it in my name. He does not live in New Orleans and I will be maintaining it.
My question is, will there be a problem with him buying a boat in my name for IRS purposes? There is no sales tax for a boat purchase in New Orleans (it is considered a "casual sale" by state law), but I am worried about gift tax or anything else that would raise a flag to the IRS as to how I was able to get a purchase of this size in my name.
Does the IRS even see this purchase?



A good recommendation for an accountant in the area would also be helpful.
TIA
Posted by Athanatos
Baton Rouge
Member since Sep 2010
8141 posts
Posted on 8/28/13 at 2:05 pm to
quote:

but would like to put it in my name


Why?
Posted by southernelite
Dallas
Member since Sep 2009
53151 posts
Posted on 8/28/13 at 2:07 pm to
quote:

Why?



Sounds like he's trying to protect it from community property laws?
Posted by Powerman
Member since Jan 2004
162194 posts
Posted on 8/28/13 at 2:09 pm to
Let him put it in your name. Then sell it and move to another city.

Posted by jsquardjj
Member since Oct 2009
1317 posts
Posted on 8/28/13 at 2:28 pm to
quote:

Sounds like he's trying to protect it from community property laws?


Yes, this is one of the reasons.
I just want to make sure I cannot get hurt by accepting it in my name. He trusts me extensively, and I can use it as much as I see fit. Unless I am getting hit by the IRS, I don't see a problem with it.
Posted by PurpleAndGold86
Member since Jun 2012
11036 posts
Posted on 8/28/13 at 2:47 pm to
The person that is receiving the gift does not pay taxes on the item.
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 8/28/13 at 2:51 pm to
Sounds shady.
Posted by EA6B
TX
Member since Dec 2012
14754 posts
Posted on 8/28/13 at 2:55 pm to
The last time I heard about this type of situation the DEA later showed up and start ripping apart the boat, finding hidden compartments with a lot of coke residue. The DEA did not seem to care that the guy said it was not really his boat, and they were especially interested in the fact that there was no money trail to show how he bought the boat. You never know!
Posted by BigErn
Member since Mar 2007
3284 posts
Posted on 8/28/13 at 2:59 pm to
think i saw this episode on dateline. good luck!
Posted by LSURussian
Member since Feb 2005
126960 posts
Posted on 8/28/13 at 3:06 pm to
quote:

The person that is receiving the gift does not pay taxes on the item.

As the guy's employee, the IRS might consider it taxable compensation and not a gift.

Somebody illuminate the Poodle signal.....
Posted by iknowmorethanyou
Paydirt
Member since Jul 2007
6545 posts
Posted on 8/28/13 at 3:06 pm to
quote:

He trusts me extensively


Code for he's your lover.
Posted by AngryBeavers
Member since Jun 2012
4554 posts
Posted on 8/28/13 at 3:33 pm to
quote:

Sounds shady


His boss is running the booger sugar from Columbia...
Posted by MoreOrLes
Member since Nov 2008
19472 posts
Posted on 8/28/13 at 3:34 pm to
Posted by BestBanker
Member since Nov 2011
17474 posts
Posted on 8/28/13 at 6:52 pm to
He could simply place ownership in a trust or a corporate entity.
Posted by Walking the Earth
Member since Feb 2013
17260 posts
Posted on 8/28/13 at 8:22 pm to
Sounds cool. When's the shakedown cruise to Cartagena?
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 8/28/13 at 11:40 pm to
The IRS will consider the gift to be compensation to you from your employer if the value is over $25. Since the value of a 42' boat is obviously greater than $25, you'd be looking at all sorts of income, and both you and your employer would be looking at failure to withhold issues with respect to income and payroll taxes.
Posted by LSURussian
Member since Feb 2005
126960 posts
Posted on 8/29/13 at 7:16 am to
/thread
Posted by Camp Randall
The Shadow of the Valley of Death
Member since Nov 2005
15586 posts
Posted on 8/29/13 at 10:11 am to
Dude.
Posted by barry
Location, Location, Location
Member since Aug 2006
50337 posts
Posted on 8/29/13 at 10:49 am to
quote:

Sounds like he's trying to protect it from community property laws?


Yes, this is one of the reasons.


So its his bang boat?

Awesome.
Posted by VABuckeye
Naples, FL
Member since Dec 2007
35481 posts
Posted on 8/29/13 at 11:56 am to
So he doesn't want to take on the risk and wants to transfer it to you. Doesn't sound like the kind of boss I'd want. I wonder how tight and legal his business dealings are.
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