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How Mark Zuckerberg's Altruism Helps Himself (nytimes.com)

HughPickens.com writes: Jesse Eisinger writes in the NYT that if you heard that Mark Zuckerberg donated $45 billion to charity, you are wrong. Here's what really happened: Zuckerberg did not set up a charitable foundation, which has nonprofit status. Instead Zuckerberg created an investment vehicle called a limited liability company (LLC) that can invest in for-profit companies, make political donations, and lobby for changes in the law. What's more an LLC can donate appreciated shares to charity, which will generate a deduction at fair market value of the stock without triggering any tax. "He remains completely free to do as he wishes with his money," writes Eisinger. "That's what America is all about. But as a society, we don't generally call these types of activities 'charity.'"

A charitable foundation is subject to rules and oversight. It has to allocate a certain percentage of its assets every year. The new Zuckerberg LLC won't be subject to those rules and won't have any transparency requirements. According to Eisinger what this means is that Zuckerberg has amassed one of the greatest fortunes in the world — and is likely never to pay any taxes on it. "Instead of lavishing praise on Mr. Zuckerberg for having issued a news release with a promise, this should be an occasion to mull what kind of society we want to live in," concludes Eisinger. "The point is that we are turning into a society of oligarchs. And I am not as excited as some to welcome the new Silicon Valley overlords."

34 of 240 comments (clear)

  1. The real problem by Anonymous Coward · · Score: 5, Insightful

    ... welcome the new Silicon Valley overlords.

    It was land, then railway, then oil, then information technology. Now, it's cloud services; there will always be a 'job creator' to take the position of overlord. The problem is the recent habit of giving them multiple tax breaks means they create fewer and fewer jobs to feed the 'trickle-down' fallacy that Reagonomics invented.

    1. Re:The real problem by ShanghaiBill · · Score: 3, Insightful

      The problem is the recent habit of giving them multiple tax breaks ...

      The tax breaks are not a "problem". They are a benefit. Bill Gate's foundation has saved hundreds of thousands of lives, and may save millions in the future. Worldwide deaths from malaria have been cut in half since he statrted working on the problem ... and malaria is just one of many problems he is trying to fix. If instead, that money had gone to the government, the entire endowment would have funded two weeks of social security spending. These foundations are putting their money to far better use than the government would. They are doing the things that governments should be doing, but aren't.

    2. Re:The real problem by Anonymous Coward · · Score: 5, Insightful

      The tax breaks are a problem, as the idea you can move capital around without any consequences.
      Deregulation has brought in a society that is as inequal as the French ancien regime. Maybe it's time for a new revolution.

      Zuckerberg, Gates and Company are nothing more than 21st century robber barons. That is what they are, and it is disgusting to hear people praise them because every once in a while they throw some breadcrumbs our way. Marie Antoinette used to do that and hear head in the end was chopped off along with a lot of other aristocrats.

    3. Re:The real problem by jellomizer · · Score: 3, Insightful

      The reverse side is that not for profit organization have too many limitations on them.
      Such as the ability to lobby. Strict rules on what to do with any money collected and what not to do.
      LLC may be an easier way to get things done.
      Heck most liberal conspiracy theories center around how corporations are the ones pulling the strings. If that is the case it would make sense that if you want to perform altruistic acts and have the power to get them to work a corporation isn't a bad idea.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    4. Re:The real problem by Anonymous Coward · · Score: 5, Insightful

      The problem is the recent habit of giving them multiple tax breaks ...

      The tax breaks are not a "problem". They are a benefit. Bill Gate's foundation has saved hundreds of thousands of lives, and may save millions in the future.

      This is a lie. Aside from the fact that before we started "helping" the third world there were millions of starving suffering people whereas now there are billions because the increased resources just mean less selection criteria - it is an effort to funnel money overseas - away from the people the money was taken from through bad business practices such as those of Microsoft and Facebook. Tax breaks for helping the nation that allowed them to make the money - sure that would make sense. Tax breaks for sucking the nation dry to "benefit" foreigners in a way that has good PR and actual negative consequences for everyone but those pissing away the money - no.

    5. Re:The real problem by dargaud · · Score: 5, Funny

      And we have a winner for the "For every complex problem there is an answer that is clear, simple, and wrong"...

      --
      Non-Linux Penguins ?
    6. Re:The real problem by dinfinity · · Score: 4, Insightful

      Bill Gate's foundation has saved hundreds of thousands of lives, and may save millions in the future.

      And without tax breaks this would have never happened, right?
      Yes, fuck intrinsic altruism and basic fucking humanity, we need to make everything about money and how to motivate people with it.

    7. Re:The real problem by Austerity+Empowers · · Score: 5, Insightful

      Anecdotal and cherry-picked evidence about what another rich guy has chosen to do, but does not entirely add up. If this is about private individuals being more capable of managing money than governments, why isn't Zuckerberg investing in another charity? Does he not even trust Bill Gates to run a good charity? Probably not, I sure don't. Why can't all these rich guys team up and sponsor the same charity? Why can't they sponsor one or more charities that they've vetted out as being "generally good"? Because, they want to retain control of their money for whatever reason at all.

      Bill Gates, largely retired from the CEOing business, is choosing to act, but under no obligation, nor is it clear that he alone has the bandwidth to efficiently handle $40B any more than a government would be, he does have the luxury of a pile of money that he can spend or not spend at his leisure on anything at all that suits his fancy. His efforts in education are meddling at best, destructive at worst. In my opinion he's using his fortune to cause harm. Unlike the government he has no oversight, and can do whatever he sees fit for the problem he wants to solve, even if that means breaking something that is largely working for a demographic he is not interested in, or producing educated citizens that aren't interested in working for his industry or style of company. I mean that's the thing with kids, they grow up and choose their own path. I'm not the doctor my mom and dad wanted, my son likely won't be the geek I want. We teach them a general set of things that will help them, help themselves. We don't put them on a railroad with only one destination and tell them to ride it to the end or jump off.

      He could do a lot worse, and he could abuse the system much more than he is, I won't argue that. But I'm not going to sing his praises and I would still like to see this mechanism shut off. He should realize his (unimaginably large, impossible to spend) gains, pay taxes to the country that made him successful and try to make it better with his still (unimaginably large, impossible to spend) fortune, or having paid his debt, run off to some island somewhere. If he feels the government is misguided, and it eternally is, he has the influence and connections to make changes much easier than any of us peons, and the mindshare and influence to ensure we all know what is broken. God knows they are running around like squirrels on cocaine right now, and there's an entire political party of people who seek to represent rich white guys who are clearly not being given anything like a coherent direction. Donald Trump is the best they got...Donald Born-Rich Trump, that's it. Bill Gates? He could probably tell them a thing or two about the working world, and obstacles to actual american business.

      Mostly we're reacting to the utter bullshit of it all. Zuckerberg is not giving away his money, he's sheltering it in a tax-free, obligation-free loop hole. He created a letter to his newborn daughter (unstated undertone: I'm hurting your future for the benefit of the world) that is hard to read with a straight face, that ignores the fact that he is keeping $450M of it for his family, she'll never want for anything in her life. That's fine, but let's cut the melodrama, he's not sentencing her even to middle class life in the suburbs. She's got her road paved, in whatever school she wants, with whatever lifestyle she wants. He's giving the better part of $45B to a charity that is under his control, with relatively few limitations on what he can choose to do with that money to the extent that he's effectively not giving it away at all. This is mostly politics and attention whoring.

      How many Americans write letters to their children or have articles written every time they make a contribution to their 401(k) or invest in an HSA/FSA, effectively sheltering their income from taxes while reducing a bit of control over how the funds can be spent? That's basically what he's doing, except he doesn't even have the same limitations that those structures have.

    8. Re:The real problem by Applehu+Akbar · · Score: 2, Insightful

      "Zuckerberg, Gates and Company are nothing more than 21st century robber barons. "

      Yes, and proudly so. Their 19th century counterparts built the industrial age. The Silicon Valley barons have built the information age.

    9. Re:The real problem by nine-times · · Score: 2

      If that is the case it would make sense that if you want to perform altruistic acts and have the power to get them to work a corporation isn't a bad idea.

      Yes, that would make sense from the standpoint of an uber-rich person who wants to perform altruistic acts. Of course, that doesn't mean that it's necessarily the best thing for the rest of us. It's sort of like how cartoon villains want to consolidate power under themselves, with the mindset of "If I ruled the world, I could fix everything!"

      At least for some of us, the idea of replacing our ruling class of greedy uber-rich assholes with a ruling class of trying-to-be-benevolent uber-rich assholes doesn't really sound like an ideal solution, even if though it would probably be a minor improvement.

    10. Re:The real problem by operagost · · Score: 2

      Your mention of Reagan indicates that you think this is a "conservative" issue.

      Ever heard of the Tides Foundation? Go look it up. It's a money laundering fund for progressives.

      Stop believing the rhetoric of the ruling class.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    11. Re:The real problem by dargaud · · Score: 2

      I generally agree with your premise, but the 'flat tax' solution is completely dumb. As soon as you implement it there will be major loopholes in place to keep half of the population from paying taxes. CEO gets paid 1$ a year in salary, the rest in non-taxable whatever (bonus, shares, loan on interests of shares...) since it's now a 'flat tax'. All those IRS code complications are there either to attempt to close loopholes or to try and push the economy in some directions (such as if you don't give tax breaks on solar, there's never going to be a solar panel anywhere).

      Simplify and clarify, yes; start from scratch, not so sure as by the time you'll have it more or less stabilized and just, billionaires will have raped it from day one.

      --
      Non-Linux Penguins ?
    12. Re:The real problem by operagost · · Score: 3, Insightful

      The Gates Foundation's progress against malaria was just mentioned above. I guess you didn't read it. Saving hundred of thousands of lives PER YEAR is not "breadcrumbs". Your cartoon idea of Marie Antoinette is in no way analogous to what some of these modern philanthropists are doing. It's clear that your attitude is colored by your personal opinion of these people, and not their works. A great man once said that "whoever is not against us, is with us," and you would be well advised to adopt that ideology.

      Woe to those who call good, evil; and evil, good.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    13. Re:The real problem by Anonymous Coward · · Score: 2, Insightful

      Why do you think taxation is a complex problem?

      Because figuring out what should or shouldn't be taxed is a complex problem.

      What counts for a flat tax? Say I inherit a house, and live in it. What should I be taxed on? The value of the house? Nothing?

      What if I inherit a house and I sell it to my spouse for $1. What's taxed?

      What if my job, instead of paying me more, gives me a place to live? What is taxed?

      Start looking at a flat tax proposal with a critical eye on how to exploit it. Where are the edge and corner cases? What's considered income for the flat tax, what is not?

      Then have fun tweaking the parameters. Most flat taxes are actually a simplified progressive tax system - they exempt all income under a certain amount from being taxed. So what income should be exempted? $10k/year? $30k/year? $50k/year? $100k/year? If you are arguing that taxation isn't complex, you should try asking five different people how much they think should be exempted, and you'll get five different answers.

    14. Re:The real problem by nine-times · · Score: 3

      Ah, yes, this argument again. "Rich people are better at knowing what to do with money than the rest of us. Therefore, if we want to fix all of society's ills, we should try to take as much money as we can away from the poor, the middle class, and organizations with any public accountability, and concentrating all the money in the hands of a few rich people. After all, those rich people must be smart, or they never would have become rich."

      No thank you. Subsidizing the rich is stupid. Yeah, yeah, a few of the rich people are trying to do good things with their money, and a couple of those are succeeding in doing good things.

    15. Re:The real problem by CronoCloud · · Score: 2

      It's pretty obvious considering the amount of money Gates, Zuck, Walton have stockpiled that success isn't being punished.

    16. Re:The real problem by dinfinity · · Score: 2

      Let me up the ante: Would it still feel the same if when you made a charitable 'donation' it would effectively cost you nothing?

      Yes.

      You're lying. Mostly to yourself.

      I am implying that you pay an insignficant amount of taxes compared to the budgets of the governments which tax you

      Irrelevant. You said "none of your money". A very sizable part of my money goes into taxes and is subsequently spent by my government. I want and expect them to spend it well and efficiently.

      I am implying that all governments are unreliable

      I'm sorry you live in a country with such a shitty government, but you shouldn't extrapolate your situation to everywhere else.

      I think cronyism is quite a thing in both public and private sectors.

      Good, the next step is understanding that broadly stating that 'governments' are unreliable or incapable of spending money in the right way is just scapegoating and pointing in the wrong direction. The point here is that all institutions are unreliable to some extent. They all require a structure that mitigates as much of it as possible (checks and balances and what have you). None of them, private or public, are inherently incapable of working properly.

      And why suddenly, do you care whether it is a contradiction to simultaneously spend money while abstaining from some means to take money?

      You are twisting my words (and reality) into a non-discussion. The point was and is that the same entity makes the decisions on on what to 'spend money' themselves or which causes receive tax breaks. If they are unreliable as you seem to believe, they are so for both cases. Cronyism in the second case leads to giving tax breaks to their friends.

      If it [makes the world a better place], no matter how glorious or base the motivations, no matter how large or small the sacrifice or contribution, it is charity and is a good thing.

      Yeah, no. I'm sorry, but you don't get to change the definition of charity to fit your narrative. Giving a homeless guy 5 bucks is charity, but it's far from a given that it will make the world a better place.

      I'd like to reiterate that we're discussing how charitable behaviour is influenced if you give people something significant and tangible in return (specifically: money). You have failed to provide any meaningful contribution on this specific subject, which is terribly disappointing.

  2. Inheritance Tax by mentil · · Score: 5, Informative

    I imagine this move allows ownership of the LLC to be transferred to his children without invoking an inheritance tax. However, I suspect he intends to create something like the Bill & Melinda Gates Foundation; it's enough money it could be distributed to numerous semi-autonomous sub-organizations to figure out how to spend, and be directed towards thousands of different projects, many of which would fall outside the scope of a normal charity. For example, how many charities directly engage in R&D? At most they'd funnel money towards companies already doing desired research, but if none currently exists? It could do things like what Google X does.

    Making shady donations to charity for tax writeoff purposes is nothing new. I remember in the late 90s Microsoft donated large amounts of software to charity, and used its retail value (which they are able to arbitrarily set!) to calculate the value of their charitable donation. Of course since it's an infinite good it costs them near nothing.

    --
    Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
  3. Re:I am shocked and surprised by darkain · · Score: 2

    $45+ billion is juuuuuuust a tad bit more than a "multi-millionaire"

  4. Par for the course by Crashmarik · · Score: 3, Insightful

    You don't think the 1.5 billion dollar Clinton foundation exists to be charitable ? Or the Howard Hughes Medical institute was anything more than a way to keep control of the money all the while reducing the effective tax rate ?

    One of the best things we could ever do for the country is simplify and rationalize the tax code, so it wouldn't be worth it to risk dodging it, and it was obviously fair to all involved. The 1986 tax reform act was a great step in that direction. It is a crying shame we haven't done more.

  5. Interesting. I took advantage of the same thing by Solandri · · Score: 5, Interesting
    I donated some shares to a non-profit last year. Normally when you donate, you get a tax deduction for the value of your donation. Contrary to what the NYTimes article says, this isn't a bonus. It merely zeros out the donation from your income. That is, for tax purposes it's like you redirected the donation straight from your income source to the non-profit, and it never passed through your hands. If you didn't get the deduction, you'd be paying taxes on money you gave away.

    However, in the case of my shares, they'd appreciated in value considerably since I received them. I helped set up a non-profit charity, and billed them $400 for my services. They didn't have the cash, so paid me in shares instead. 15 years later those shares were worth $16k. I wasn't really interested in the money, so I donated them back to the charity. When doing my taxes this year, I ran across this tax peculiarity. I never sold the shares so I never received $16k in income, and so didn't have a capital gains tax liability on $15.6k. Yet by donating the shares I got a deduction as if I did have a capital gains tax liability.

    That seemed wrong, so I asked two different CPAs about it.
    • If I had sold the shares to the charity at market value, then donated the $16k back to the charity, the deduction for the donation would've zeroed out my capital gains tax liability on the $16k I received as payment. (Actually not exactly since my income tax rate and capital gains tax rate are different, but the idea is that the donation money comes from my higest-tax rate income.)
    • If I donated the shares directly to the charity, I got the deduction even though I incurred no capital gains liability.

    The net result is the same in both cases - I get no money, charity pays no money, charity gets all the shares. But the tax implications are very different.

    When I explained it like that, they scratched their heads for a bit, one hit the books and researched it a bit, and both came back to me with the same answer. Yeah it's weird and seems wrong, but that's the way it works.

  6. Except he gave it to himself by Anonymous Coward · · Score: 2, Interesting

    " you'd be paying taxes on money you gave away."

    The point here is, that he didn't give it away, its in a company that he controls, so really he just gave it to himself.

    1. Re:Except he gave it to himself by MightyYar · · Score: 2

      It's a pass-through corporation, so any charity work that is done by the company is going to be an awful lot like him doing the work directly. I'm not sure why everyone is hung up on the tax structure of a billionaire's charitable doings - judge him by what he does instead.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  7. Chan Zuckerberg LLC by Anonymous Coward · · Score: 4, Interesting

    There have been high net worth people in my family who have left their money and assets to various people , universities, and entities - WITH instructions on what was to be said with said inheritance. The wishes were never followed through. Even with the intervention of the living people it was basically impossible to have the money and assets used as instructed. The lesson is to give your money or assets while you are living. Enjoy what you have and share it. Because if you think it will do XYand Z when you are gone, you are only kidding yourself. So what the Gates, the Buffets, the Zuckerberg's are doing is the responsible thing. They all realize that that kind of money is beyond their needs, and having such a large amount of money can accomplish great things that otherwise could not be accomplished. I look forward to seeing what they do in the future.

    1. Re:Chan Zuckerberg LLC by sabbede · · Score: 2

      So, the person with actual experience is the naive one?

  8. Re:I am shocked and surprised by Opportunist · · Score: 3, Informative

    By letting the money run some laps and never realize a profit. Duh.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  9. Re: Interesting. I took advantage of the same thin by WarJolt · · Score: 3, Insightful

    This is how crony capitalism works. Perverse incentives in the tax code are exploited, so that rich insiders can avoid paying fair shares in taxes. Not saying I agree with significantly increasing taxes on the rich, but it does make it harder to break past that glass ceiling if you don't know how to strategize around unnecessarily complex tax laws which actually impose unnecessarily economic costs of their own in the grand scheme of things.

    I mean some people's tax rates are just criminally low even after deducting charitable contributions from their income.

  10. Heh, Are People Just Getting It? by segedunum · · Score: 3, Insightful

    These foundations are one great big tax avoidance, fraud and wealth parking vehicle. Nothing whatsoever to do with charity or philanthropy at all which is merely a cover. After all, when you say the word charity you get the brainless idiots coming out to do your defending for you. It was amusing to see the bum shuffling from various anonymous cowards on the Gates Foundation article.

  11. Re:He's paying capital gains tax by segedunum · · Score: 3, Insightful

    He gets to 'invest' with it in whatever he chooses, so he will be making more than he will ever lose in some token gesture. Kind of like how Bill Gates has become the richest person in the world again.......somehow. Plus, if he gets the LLC to donate appreciated stocks then there is no capital gains tax. These things are accounting dodges and fraud vehicles, plain and simple.

  12. Re:He's paying capital gains tax by segedunum · · Score: 2

    If the does that it would be the LLC paying him and we would have to pay income taxes on it.

    Oh dear. He through his LLC invests in companies who give him expenses and allow him the use of their 'facilities' amongst other dodges, so the whole operation effectively becomes one great big laundering operation. It's also a place to park his wealth for the future out of the gaze of scrutiny. This whole gift culture becomes self-supporting. This was set up by accountants.

    This is not something like the Clinton Foundation which is setup as a slush fund for Bill Hillary and Chelsea.

    I'm afraid you haven't the slightest idea and are just performing mental gymnastics here.

  13. I would just like to shout out... by Simulant · · Score: 4, Insightful

    ....a "big "fuck you" to the American mainstream media who spun this in that prick's favor all week.

    We'd probably all be better off with no news at all than this click bait bullshit system we've ended up with.

  14. LLC ! Taxfree by Aero77 · · Score: 2

    LLC is a legal status (literally, Limited Liability Company), not a tax status. an LLC can be a partnership or an S-Corp. If its a partnership, all the profits & losses go to the owners of the LLC. If its an S-Corp, the S-Corp pays taxes on the profits and the owners pays taxes on any profits distributed to the owners. The only "tax dodge" at work here is that Zuckerberg transferred his facebook shares to the LLC for no compensation. No matter what something might be valued at, you have to transfer it in return for something of value before you owe taxes.

  15. Analysis Available on Snopes by PantherShade · · Score: 5, Informative

    The Snopes website did an analysis of the tax implications and control issues. They also elicited additional comments from a Facebook representative. http://www.snopes.com/2015/12/...

  16. Re: Andrew Carnegie by blackbeak · · Score: 2

    Carnegie was keen to advance from a young age, and was sharp enough to impress those who could help him up. His fortune was built on that, as pretty early on he was invited into a succession of sweet insider trading organized by his mentor, Thomas A. Scott (and John Edgar Thompson). Carnegie would not have convinced his mother to take out a mortgage on the family home so as to speculate with the funds if he didn't absolutely know his investment would pay off big. So, basically, corruption was his real ride to the top. (Surprise!!)

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