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Understanding Taxable Gifts: What Berkshire hathaway Employees Need to Know Before Making Their Next Move

What Are Taxable Gifts?

Property you give away during your life may be taxable gifts subject to the federal gift and estate tax for Berkshire hathaway employees. You or your estate could pay as much as a 40 percent tax (in 2019 and 2020) on taxable gifts. To estimate and reduce this tax, you need to understand what taxable gifts are and how the federal gift and estate tax system works.

Caution: Some states impose their own gift tax.

Tip: Generally, gifts Berkshire hathaway employees receive are not subject to tax (except for some states that tax inheritances). However, gifts or bequests (in the form of money or property) received from a foreign person or estate that are valued (in the aggregate per year) at more than $100,000 are reportable, as are gifts in excess of $17,000 in 2023, which is an increase from $16,000 in 2022. Recipients of such gifts must file Form 3520 with the IRS on or before the due date of the recipient's income tax return (including extensions). Failure to do so may subject the recipient to a penalty of 5 percent of the value of the gift for each month the gift goes unreported (not to exceed a total of 25 percent of the gift). Excluded from this rule are gifts made directly to a school for tuition or to a healthcare provider for medical expenses.

How Does the Federal Gift and Estate Tax System Work?

Taxable gifts are treated in a special way.

First, taxable gifts must be reported, and the gift tax is paid annually. Berkshire hathaway employees must file a gift tax return and pay the gift tax due, if any, by April 15 of the tax season that follows the year in which they make a taxable gift.
Second, when you die, all taxable gifts made during your lifetime are added to your taxable estate (property you own at death) in order to calculate any estate tax that may be owed. This pushes your net taxable estate (what the estate tax is computed on) into a higher tax bracket. Any gift tax you paid is deducted from any estate tax owed.

Caution: Lifetime gifts to beneficiaries who are more than one generation below you may also be subject to the federal generation-skipping transfer tax.

Is It a Gift?

Gifts can be made either directly (i.e., from you to another person) or indirectly (i.e., from you to another person for the benefit of a third party). To determine whether a taxable gift has occurred, the answer to the following questions must be yes.

Was the gift voluntary? — Did you freely give property to another individual or organization? Transfers of property that you are legally obligated to make are not gifts. For example, payments you make to support your minor children, or payments you make as a result of a court judgment, are not gifts.
Was the gift complete? — Berkshire hathaway employees must relinquish control over the property. A taxable gift has not occurred if you retain the power to change or revoke the gift. A gift is complete only upon delivery. Completion of delivery varies according to the nature of the gift. For example, a gift of cash is complete when given, a gift of a personal check is complete when paid, a gift of stock is complete on the date the endorsed certificate is delivered, and a gift of real estate is complete when the deed is recorded.
Was the gift made in exchange for nothing or property of lesser value? — Ordinarily, you may think of a gift as something you give expecting nothing in return. But gifts also include uneven exchanges of property. The value of the gift is the difference between the exchange.

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Example(s): Alec gives his old Harley-Davidson motorcycle, valued at $3,000, to his younger brother, William, in exchange for $500. Alec has made a $2,500 gift.

Caution: An uneven exchange is not a gift, however, if it is a legitimate business sale or just a bad bargain.

Is it a Taxable Gift?

Some types of gifts are exempt from the gift tax. These include:

Tuition paid to an educational institution — Berkshire hathaway employees can pay for tuition at a private school, college, or other qualified educational institution without incurring gift tax as long as the payment is made directly to the institution. This exclusion is limited to tuition costs and does not include payments for books, supplies, or dormitory fees. You don't need to file a gift tax return with respect to this type of gift.
Medical expenses paid to the medical care provider — Berkshire hathaway employees can pay for someone else's medical bills without incurring gift tax as long as payment is made directly to the medical care provider. This exclusion is not allowed for amounts reimbursed by insurance. You don't need to file a gift tax return with respect to this type of gift. • Annual gift tax exclusion — You are allowed to exclude $15,000 (in 2019 and 2020) of gifts given to each and every person or organization each year from the amount subject to tax, provided that the gift is of a present interest in property.

Tip: For gifts made after August 5, 1997, Berkshire hathaway employees don't need to file an annual gift tax return with respect to gifts that are within the annual gift tax exclusion unless you have split gifts with your spouse or have made a partial interest gift to charity (a partial interest gift is split between charitable and noncharitable beneficiaries).

Tip: The annual gift tax exclusion may also reduce the federal generation-skipping transfer tax.

Gifts to spouses — Qualified gifts to spouses are fully deductible under the unlimited marital deduction if your spouse is a U.S. citizen. Gifts you give to your non-U.S. citizen spouse qualify for a $157,000 (in 2020, $155,000 in 2019) annual gift tax exclusion, but no unlimited marital deduction is allowed.

Tip: For gifts made after August 5, 1997, interspousal gifts that fully qualify for the unlimited marital deduction need not be reported on a gift tax return for the year unless other taxable gifts or partial interest gifts to charity have also been made (partial interest gifts are split between charitable and noncharitable beneficiaries).

Gifts to charity — Qualified gifts to charity are fully deductible under the charitable deduction for Berkshire hathaway employees.

Tip: Gifts to charity made after August 5, 1997, need not be reported if all gifts for that year are fully deductible under the charitable deduction.

Applicable exclusion amount — The applicable exclusion amount effectively exempts the first $11,580,000 (in 2020, $11,400,000 in 2019) plus any deceased spousal unused exclusion amount of taxable gift you make. You must use your applicable exclusion amount before you become liable for any gift tax. Any applicable exclusion amount you use for lifetime gifts effectively reduces the amount that will be available at your death.

How does the merger of the Johns Manville Employees Retirement Plan into the Berkshire Hathaway Consolidated Pension Plan specifically affect the retirement benefits for current employees at Johns Manville? In what ways can eligible employees of Johns Manville leverage the benefits of this merger to maximize their retirement planning?

Impact of Merger on Current Employees' Retirement Benefits: The merger of the Johns Manville Employees Retirement Plan into the Berkshire Hathaway Consolidated Pension Plan does not decrease the pension benefits previously earned by employees under their prior plans. Employees continue to receive the same benefits with the same payment options as provided by their prior plan. Any previous payment elections, beneficiary designations, and qualified domestic relations orders remain effective. This consolidation also maintains the insurance of pension benefits through the federal Pension Benefit Guaranty Corporation.

What are the implications for employees of Johns Manville if they choose to retire early prior to their Normal Retirement Age? How do the specific conditions set forth in the Berkshire Hathaway Consolidated Pension Plan guide early retirees from Johns Manville in making informed decisions regarding their benefit options?

Implications of Early Retirement: Employees of Johns Manville who choose to retire early, before their Normal Retirement Age, can still receive benefits. However, these benefits are adjusted based on the age of retirement. If an employee retires at 60, for instance, their monthly benefit payment from the plan will be reduced by a certain percentage for each month that the benefit payments start before the Normal Retirement Age. This reduction compensates for the longer period over which benefits are expected to be paid.

Given the unique characteristics of the Merged Plan, what should employees at Johns Manville consider when calculating their Average Final Salary, and how does this calculation impact their retirement benefits? Additionally, how is Covered Compensation factored into this adjustment, and what strategies can employees employ to ensure accurate calculations?

Calculation of Average Final Salary and Covered Compensation: When calculating the Average Final Salary for retirement benefits, it includes the highest-paid, five consecutive years out of the last ten years of employment. This calculation impacts the retirement benefits as it forms part of the formula used to determine the pension amount. Additionally, Covered Compensation, which refers to the average of the Social Security wage bases, is used to adjust portions of the salary in the benefits calculation, ensuring that the benefits align with national wage growth trends.

How can employees of Johns Manville navigate the various options available for retirement benefit payments outlined in the Berkshire Hathaway Consolidated Pension Plan? What key points should Johns Manville employees consider regarding the selection of forms of payment and potential tax implications in retirement?

Navigating Retirement Benefit Payment Options: Employees of Johns Manville need to consider the form of payment for their retirement benefits, as different options can have different tax implications and affect monthly income. Options typically include lump sums, annuities, or a combination. Employees should consider their financial needs, tax situation, and life expectancy when choosing the form of payment. Consulting with a financial advisor could be beneficial.

For employees at Johns Manville, what steps should they take to stay informed about their accumulated service and benefit service credits, particularly in relation to the changes brought about by the merger into the Berkshire Hathaway Consolidated Pension Plan? How do vested rights impact their eligibility for retirement benefits?

Staying Informed About Service Credits: To manage the transition and keep track of their service credits post-merger, Johns Manville employees should regularly review their service and benefit statements, maintain communication with the plan administrator, and attend any informational meetings or seminars offered by Berkshire Hathaway. Understanding how service credits are calculated and tracked ensures that employees can accurately plan for retirement.

What is the process for reemployment under the Terms of the Merged Plan for former employees of Johns Manville, and how can they ensure their accumulated benefit service is credited effectively upon rehire? What are the implications of this reemployment on their retirement benefits, particularly concerning their previous employment history?

Reemployment and Accumulated Benefits: Reemployed former employees of Johns Manville should verify how their accumulated benefits are treated upon their rehire. Generally, benefits accumulated during previous periods of employment will be credited upon rehire, but specific plan provisions should be consulted to confirm how reemployment affects accrued benefits and eligibility for additional benefits.

What do the terms of the Berkshire Hathaway Consolidated Pension Plan dictate regarding disability retirement benefits for eligible employees at Johns Manville? How should employees approach the application process for disability benefits, and what criteria do they need to be aware of to qualify?

Disability Retirement Benefits: Eligible employees of Johns Manville who become disabled according to the terms of the plan may qualify for disability retirement benefits. The process involves a determination by the plan administrator, and employees must meet specific criteria outlined in the plan documents to qualify. Understanding these criteria and the required documentation is crucial for accessing disability benefits.

How can employees of Johns Manville ensure they have adequate protection for their beneficiaries under the retirement provisions outlined in the Berkshire Hathaway Consolidated Pension Plan? What specific steps can employees take to secure these benefits, and how can they keep their beneficiary designations updated?

Beneficiary Protections: Employees should regularly review and update their beneficiary designations to ensure that their retirement benefits are distributed according to their wishes upon their death. This includes making any necessary changes following life events such as marriage, divorce, or the birth of a child.

How does participation in the Merged Plan differ for salaried and hourly employees of Johns Manville, and what specific eligibility criteria apply to each group? How can understanding these differences improve retirement planning for employees across the different classifications?

Differences in Participation for Salaried and Hourly Employees: The eligibility and benefits might differ between salaried and hourly employees under the Merged Plan. Understanding these differences helps employees make informed decisions about their retirement planning and benefit utilization.

How can employees of Johns Manville contact the Local Benefits Administrator for assistance regarding their retirement benefits and the contents of their plan documents? What are the recommended methods of communication for inquiries or requests regarding their Merged Plan benefits?

Contacting Local Benefits Administrator: Employees should contact their Local Benefits Administrator for any inquiries or assistance regarding their retirement plan. Keeping the contact information updated and consulting the administrator for guidance on plan provisions and benefit claims is advised for navigating their retirement benefits effectively.