Originally posted by: Ryland
I still don't understand why it is being considered as income vs a gift like the powertogether site originally stated. If it was a gift then reporting limit is $12,000...
Thanks for the actual numbers Quix
It is a "gift" however I believe it's a question of a difference between 'gifts from an individual'
versus 'gifts from an organization / corporation'
(I haven't traced this all the way back to the tax code law,
but I see similar rules about gift W9 reporting and taxation from many different corporations
and educational institutions).
When an ORGANIZATION / CORPORATION gives gifts / prizes / etc. to an individual
that isn't their employee: a) the gifts are always taxable "income" for the RECIPIENT,
and b) the GIVING organization must report the value of the gifts via a 1099
income report to the recipient if the gifts / prizes values exceed $600 / year.
So in the case of getting a gift from an organization that's not your employer, you
always are liable for paying income tax on the value of the gifts, though gifts with
less value than $600/year/giver just aren't mandatory for the GIVER to report on a 1099.
Any gifts / prizes given by an organization to EMPLOYEES of that organization
are mostly always reported as taxable income to the employee, however, IIRC.
When an INDIVIDUAL gives a gift, the gift isn't taxable to the recipient as long
as the received gift's value is under some set limit that I don't
recall at the moment (like $10,000 or $25,000 per year).
Any individual can give any number of people gifts up to that predetermined value limit
without any tax implication to THEMSELVES, THE GIVER. However if some individual
gives gift(s) to another person exceeding the allowed value in a year then the GIVER
pays tax on the gifts given, NOT the recipient.
I haven't seen an explicit indication of WHAT the claimed retail value of these gifts
are, though the "full retail product" prices from MS's website are as I listed before
($499/Office Pro 2007; $299 Vista Business). We're not actually GETTING the
full retail products though, at least in that the VISTA is reportedly lacking the
retail box packaging and will just be a "disc in a mailer".
MS OFFICE 2007 PRO won't have any packaging or disc at all, it'll be a downloaded
product with the activation key you get in the mail.
The LICENCE and FEATURES of the VISTA & OFFICE are claimed to be
"fully licenced" according to the promotion site etc. but nowhere does it totally
explain if that's 100% the same as the "RETAIL" license; in theory it could be a
OEM or NFR or other license but I belive the heresay is that it'll be a full retail license,
though not full retail packaging.
In theory the lack of the retail packaging and accessories could be said to make it
a different valued product than the "retail box" versions, though I have seen no
indication that they'll 1099 report anything less than the "Full RETAIL MSRP" tax
value to recipients, even so. Though if they wanted to be nice they could report
the "received value" as the same as a NFR copy or a "licence only no media" version
of Office since they're not even sending install media for it. NFR, OEM, and
"no-media / volume licence only" software usually does have a substantially lower
price and reportable value than the full retail kit, though, even though the functions
may be identical once installed. In some ways it's to Microsoft's advantage to
claim the value as full retail box MSRP, though, in that THEY could get a TAX DEDUCTION
for that full amount of expenses related to product marketing expenses
($800 x 30,000 = big tax write off) even though the actual cost to them per copy
given out will be like $10 or less for media & internet bandwidth & shipping & handling etc.
f