Photo-Illustration: Maurizio Cattelan and Pierpaolo Ferrari
Although it may not look like it when you walk into your artist friendâs Cobble Hill brownstone, there are limits to how much a parent can bestow on their child. Designed to thwart the wealthyâs attempts to circumvent the estate tax, which after death gobbles up to 40 percent of oneâs assets over $13.99 million, the IRSâs âgift taxâ stipulates that each taxpayer can give only $19,000 per year to any individual, including their kids. Any more than that and a parent must file Form 709, which alerts the IRS that the giver is eating into the lifetime maximum (which is also $13.99 million) they can grant to one person tax free. Yet rich parents often want to give more. Here are the (sometimes barely legal) ways they get it done.
A trust distributes parentsâ assets to a child according to conditions they set, and it can give parents control over how their assets are used, too. âYou can add a spendthrift clause,â says Kitty Ritchie of Drucker Wealth, âso the child can only spend a certain amount of trust income per year, or an age-terminating clause, which says theyâll only get the funds at certain ages.â However, not every trust works as an estate-tax-mitigation strategy: An irrevocable trust is the only one that moves assets out of a parentâs estate without triggering estate taxes, she adds. But the money in it must still be less than the lifetime exemption threshold to avoid a gift tax.
âSay you wanted to help your child buy an apartment,â says Avani Ramnani, managing director and partner at Francis Financial. âYou say, âHere, Iâm giving you a million dollars.â But it must be a loan to avoid the gift tax. It must be documented, with terms and a promissory note, and carry an interest rate corresponding to the applicable federal rate, set by the IRS, which tends to be lower than what you would get in the market.â Fail to charge interest and the IRS will tax you on the earned income you should have received by doing so. It will also reclassify the loan as a gift. But unless youâre audited, itâs unlikely the IRS would figure out whether your child paid it back.
Finance expert Farnoosh Torabi is no stranger to parental support â itâs how she bought her first apartment. âIf a child canât get a mortgage themselves, a parent can buy their kid a place in cash,â she says. âThen, once the apartment is purchased, the child opens a home-equity line of credit, or HELOC (which is equal to 80 percent of the homeâs value), pulls all the money out of that, and gives it back to their parents, which puts them most of the way back to where they started.â The child then refinances the HELOC into a fixed-rate mortgage in their own name. Theyâre now a homeowner, and their parents have most of their initial loan.
Illustration: Carolina Moscoso
There are two kinds of transactions parents can pay on behalf of their kids without triggering the gift tax, as long as they make those payments directly to the relevant institution: education costs and medical expenses. âItâs the reason private Kâ12 schools have Grandparentsâ Day,â says Ramnani. âGrandparents can also contribute to 529 plans, and while the amount is dictated by gift-tax rules, the gift grows tax free as long as itâs used for the approved expenses.â Roxana Reid, an educational consultant in New York, said that over the past five years, she has seen more grandparents reaching out than in her previous 16 years running her business. Another consultant, Dana Haddad, spent most of the aughts working in admissions at Horace Mann and Claremont Prep (now Léman Manhattan Preparatory School) and remembers years when up to a third of the studentsâ tuitions was paid by grandparents. Now, the same kind of grandparents shoulder her consulting fee, which is hundreds of dollars per hour. Sheâs constantly mediating generational differences between millennial parents who want the Mandarin-immersion program at Avenues and grandparents who want âthe Trinitys, the Daltons, the Horace Manns, the Brearleys, the Collegiates, the Riverdales â what we call cocktail-party schools,â she says. âThey love to brag about their grandkids, but theyâd certainly prefer to brag about a school their friends have heard of.â In one case, Haddad had to help parents create a PowerPoint to convince their own skeptical parents of their choice.
Say youâre a parent who enjoys trips into the city, so you buy an apartment there. One you never sleep in. Your child does sleep in it, though. Every night. With their family. Itâs a sneaky move, and it carries risk, says Ramnani. Letting an adult child live rent free in an apartment you own counts as a gift of the homeâs fair-market rental value and thus should be disclosed. âIf the buildingâs management notices youâre never there but your child is, it could be a problem,â Ramnani continues. But thatâs fairly