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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."

11 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 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.

    2. 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.

    3. 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 ?
    4. 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.

    5. 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.

  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. 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.

  4. 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.

  5. 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.

  6. 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/...