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Zuckerberg Answers Critics of His Move To Give Away His Facebook Stock (facebook.com)

An anonymous reader writes: Mark Zuckerberg's announcement that he and his wife are giving away $45 billion worth of Facebook stock garnered a lot of praise and a fair bit of criticism. The Facebook CEO answered some of the apprehension in a post that reads in part: "By using an LLC instead of a traditional foundation, we receive no tax benefit from transferring our shares to the Chan Zuckerberg Initiative, but we gain flexibility to execute our mission more effectively. Just like everyone else, we will pay capital gains taxes when our shares are sold by the LLC."

29 of 174 comments (clear)

  1. Re:Haters gonna hate by 93+Escort+Wagon · · Score: 3, Insightful

    Nothing any corporation does is altruistic.

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  2. who cares? by ganjadude · · Score: 5, Interesting

    its his money its his right to do what he wants with it.

    if he wanted to get all his money in a pile and burn it, that would be his right. I dont get why people care what others do with their own money

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    1. Re:who cares? by Anonymous Coward · · Score: 3, Insightful

      Seriously? He announced he was giving this money away in a clear attempt to generate good will for himself and/or Facebook.

      He wants people to care otherwise he wouldn't announce it. If he wants to announce it though he must accept it being scrutinized.

      Of course it doesn't matter if he's trying to dodge taxes, no one that uses Facebook is giving it up any time soon. He could be selling aids tainted blood and he'd still be in business.

    2. Re: who cares? by Anonymous Coward · · Score: 2, Insightful

      Why are you so upset about that? Who cares.

      Zuck tried to make a fool of everyone. And, judging by your response, he at least in part succeeded.

    3. Re:who cares? by rudy_wayne · · Score: 5, Informative

      its his money its his right to do what he wants with it.

        if he wanted to get all his money in a pile and burn it, that would be his right. I dont get why people care what others do with their own money

      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. 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. We don't generally call these types of activities 'charity.'

      Contrary to what Zuckerberg claims, the creation of his LLC means he will probably pay no taxes on his $45 Billion.

      He can do what he wants. No argument there. The problem is, he's being dishonest about what he's doing and why he's doing it.

    4. Re:who cares? by fluffernutter · · Score: 5, Insightful

      Some people still think dishonesty is a bad thing. I know a lot of people think if it's legal it should be allowed, but I personally don't like to see anyone being dishonest.

      --
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    5. Re:who cares? by PolygamousRanchKid+ · · Score: 2, Funny

      We don't generally call these types of activities 'charity.'

      I think he should spend his fortune on coke and hookers.

      Then he could claim that he was supporting farmers in Bolivia and self-employed women.

      --
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    6. Re:who cares? by quantaman · · Score: 2

      He can do what he wants. No argument there. The problem is, he's being dishonest about what he's doing and why he's doing it.

      And what do you think his true motives are?

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      I stole this Sig
    7. Re:who cares? by Razed+By+TV · · Score: 2

      Put on your imagination cap for about 5 seconds and you can probably come up with the answer.

      I hate when people go into a conversation and feign lack of insight and intuition.

    8. Re:who cares? by quantaman · · Score: 2

      Put on your imagination cap for about 5 seconds and you can probably come up with the answer.

      I hate when people go into a conversation and feign lack of insight and intuition.

      Ok, lets play and look at potential motives.

      He's gonna pull the money out at some point or otherwise use it for his own personal gain?

      Well no, that would just be a stupid idea since he'd look absolutely terrible backtracking on his donation idea.

      He's trying to set up some easy job for his daughter in running the foundation?

      Surely there's easier ways to set his daughter up with an easy job.

      He's trying to fund projects or politics for his own personal gain?

      There's no gain he could expect that will outweigh $45 billion.

      It's some tactic to improve his personal image?

      So what, that's why people do everything.

      So maybe you have a better imagination than I do because I can't come up with a good nefarious motive.

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    9. Re:who cares? by kangsterizer · · Score: 3, Informative

      ethics != legality
      its legal to be a total asshole. its not ethical.

    10. Re:who cares? by KGIII · · Score: 5, Insightful

      You know, it's comments like yours that make me think about no longer donating and no longer do the right thing. I do the right thing, no because I have to but because it is the right thing to do. I don't owe you anything - except taxes, which I pay in full, to slightly more than is dictated as dictated by law and I pay someone pretty good money to ensure that every single tax is paid.

      Yet, rough guess, I probably donated between 15 and 40 times your yearly income last year and wrote very little of it off because I'm kind of lazy like that and I prefer to make anonymous donations so that I'm not plagued by folks looking to have me support their various causes by intruding on my tranquility.

      I don't owe you shit. Every single penny I have was earned legally and without any ethical concerns. I've paid every single obligation, ever. I owe nothing to anyone even if you facilitated my accumulation of wealth. You have no right to it. If you didn't want to then you shouldn't have helped. We've set up society to act like this. My obligation, what I owe, is in the form of taxation and that is paid in full, on time, and rounded to the highest dollar value (for State and Federal taxes).

      I give because I want to. I give because I think I'm obligated to do so. I give because I can. I don't *have* to. I just feel like I have to. I don't owe you a damned thing. I don't have nearly as much accumulated wealth as this person but they don't owe you a damned thing beyond their mandated taxes. And before you chirp about taxes, tax avoidance is legal - some might even say ethical. The contract is clear - it is taxes. I pay every single obligated cent. I owe nothing beyond that in any sense of the word. I feel like I do but I am not.

      Just because you lack the means to help others does not mean that someone else is obligated to do it in your stead. You do not have a right to my property. You do not have a right to dictate what I spent my money on other than taxes and, err, illegal goods and maybe a few things that I'm skipping. But no, you don't have a right to my money just as I don't have a right to yours. You are far more wealthy than the a very sizable number of others. Start by giving away your wealth but don't think you've got a right to mine. I share because I want to, not because I'm forced to. Pray I don't alter the deal any further.

      --
      "So long and thanks for all the fish."
    11. Re:who cares? by drinkypoo · · Score: 2

      Yep. Nobody is surprised that he is dodging taxes, that is not what this is about. People are upset that he is dodging taxes, that is part of what this is about. The rest is the lying about it, which is also not surprising, but still offensive.

      --
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  3. How Mark Zuckerberg’s Altruism Helps Himself by fahrbot-bot · · Score: 5, Informative

    From this Dec 3, NY Times article How Mark Zuckerberg’s Altruism Helps Himself:

    (Why an L.L.C.?)
    An L.L.C. can invest in for-profit companies (perhaps these will be characterized as societally responsible companies, but lots of companies claim the mantle of societal responsibility). An L.L.C. can make political donations. It can lobby for changes in the law.

    (Why not a charitable foundation?)
    ... a charitable foundation is subject to rules and oversight. It has to allocate a certain percentage of its assets every year. The new Zuckerberg L.L.C. won’t be subject to those rules and won’t have any transparency requirements.

    (Tax implications)
    ... if the L.L.C. sold stock, Mr. Zuckerberg would pay a hefty capital gains tax, particularly if Facebook stock kept climbing. If the L.L.C. donated to a charity, he would get a deduction just like anyone else. That’s a nice little bonus. But the L.L.C. probably won’t do that because it can do better. The savvier move, Professor Fleischer explained, would be to have the L.L.C. donate the appreciated shares to charity, which would generate a deduction at fair market value of the stock without triggering any tax.

    All legal. Don't hate the player, hate the game... (or so I'm told)

    --
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  4. Re: Haters gonna hate by Aighearach · · Score: 2

    And you didn't know that feeling good is a real benefit?

  5. Taxes by DarkOx · · Score: 2

    we will pay capital gains taxes when our shares are sold by the LLC

    He says that like its a good thing. Honestly I would argue anyone not doing everything they can within the law to optimize their tax situation is doing HARM. The government is only going to use the revenue to kill people on the other side of the world we don't need to be involved with, needlessly spy on us, our friends, and neighbors, and general interfere with the pursuit of life liberty and happiness.

    Failing to to minimize your lawful tax burden does not make you some kind of patriot in my book, it makes you part of the problem.

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    1. Re:Taxes by PrimaryConsult · · Score: 2, Insightful

      "I want to pay more taxes because the government can spend the money better than I can"... said no one ever.

    2. Re:Taxes by DarkTempes · · Score: 2, Interesting

      Any time you (or an ancestor or a representative you maybe voted for) vote for a tax you are saying that. And it's true.

      There are things as an individual citizen that you can't spend your money to do.
      There are things that government can do that charitable organizations and corporations can't do.
      Thus, for some things, the government can spend the money better than you can.

      That doesn't mean you should want to give the government all of your money but saying that "everything the government does is negative and a waste of money" is disingenuous.

  6. He is not avoiding tax, not doing charity either. by laserhead · · Score: 2

    It's a PR show.

  7. Cue the bitter paranoiacs. by Anonymous Coward · · Score: 2, Interesting

    It's like a broken record with you retards. We get it, you are cynical of literally everything because it's an easy way to seem smart.

    Not that there isn't plenty in the world to be cynical about, but Zuckerberg is not going to make money off this and will be donating most of his wealth to charity. Shrug.

  8. Re:How Mark Zuckerberg’s Altruism Helps Hims by MikeKD · · Score: 3, Insightful

    All legal. Don't hate the player, hate the game... (or so I'm told)

    Fuck that--I'll sure as hell hate the player for playing the damn game.

  9. I think the grandparent's point by rsilvergun · · Score: 5, Interesting

    is that this is all very likely a smokescreen for his political and lobbying activities. That's why he doesn't just run it as a real charity. Real charities aren't allowed to do the kinds of things Zuckerberg (probably) wants to do. He's going to use this as a very big stick to get things he wants. He's not doing this out of the kindness of his heart.

    The only times I can think of when a Baron genuinely turned to charity are at the end of their lives when a few of them got the fear of God (and more importantly hell) in 'em.

    --
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  10. Re: Haters gonna hate-LLC's can lobby for H1B!!! by Anonymous Coward · · Score: 2, Informative

    The LLC categorization permits the Zuckerberg Foundation to lobby as much as they want for legislation change, unlike a regular foundation (501c3). In light of Zuckerberg's FWD.US political action committee spending a fortune lying about the "need" for H1B labor, I don't trust this at all. Look, Zuckerberg STOLE the idea for FB; then he LIED to his customers about maintaining privacy; Now his PAC lies about immigration policy. I don't trust Zuckerberg for a SECOND. "Unfriend" this manipulator!!!

  11. It will NOT be $45B by damn_registrars · · Score: 2

    He is donating 99% of his stock over the course of his lifetime. He is only in his 30s right now, and with his wealth we can safely expect him to live at least into his 80s. That is at least 5 decades of donating his stock (to his new company, no less).

    One other thing we can count on is that by the year 2065, his stock will be worth a lot less. Facebook is so absurdly overvalued that even pretending his stocks to be worth $45B today is laughable. Eventually the bottom will fall out, just as it did with MySpace, just as it did with AOL, just as it did with CompuServe. He does have plenty of smart financial types around him to protect him as well as possible but eventually it is going to fall like a stone.

    If you don't believe it is going to fall, go ask some shareholders how facebook makes money, and how much money they think it makes. I will bet the overwhelming majority of them don't have a clue, they just know that "everyone" uses it and they assume it must be worth money as a result.

    --
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  12. Re:He is not avoiding tax, not doing charity eithe by vovin · · Score: 2

    Yes in the sense that there is no (actual) tax advantage or legal need for moving the shares from his personal account to the LLC.
    No in the sense that without the LLC and PR hoopla selling a large amount of stock by the Founder/CEO/Majority share holder would shake investor confidence wipe out the valuation of FB stock pretty quickly. Since Zuck already did is 'one-time-huge-sale' at the IPO where he sold $1b of stock he has more than enough personal cash for anything he could reasonably claim as the reason for selling a large percentage of his remaining shares.

    With the intermediary vehicle in place there is a blanket reason for divestiture and he can have a standing sell order of $10-100M worth of shares sold on a monthly basis. Then when the LLC sells the stock (however quickly) it is understood that the LLC needs $$ for operating and investments not as a lack of confidence in his own company.

  13. Re:Haters gonna hate by TooManyNames · · Score: 2

    What the AC said was a bit overblown, but, then again, so was your response... as was your snarky (and not at all clever) retort to ShanghaiBill.

    The AC's point wasn't that something like MS releasing source code is entirely altruistic; their point was that, if there's any hint of self-interest, assholes looking to assert their own moral high-ground by pointing out flaws in others will jump all over that self-interest. ShanghaiBill's point was that, yeah, self-interest may exist, but that doesn't mean that the act itself lacks any altruism, or that it can't still be beneficial to everyone, overall.

    ShanghaiBill also wasn't saying that people shouldn't criticize anything, or even that people shouldn't criticize good deeds -- I don't even know how you came to that conclusion (unless you just like to set up painfully obvious strawmen). Pretty clearly, he was saying that there is such a thing as constructive criticism, and criticism that doesn't benefit anyone (aside from, maybe, the critic). Those that choose the latter, as you have, are generally just looking to stir shit in an effort to see how high on the douchebag scale they can ascend.

    By the way, the AC was correct about those attempting to prove themselves holier-than-thou: they're always on the lookout for any misstep by anyone. Such criticism is easy (and lazy) since nobody is perfect, and, if you buy into that type of criticism, ultimately cannibalistic. There will, after all, always be someone waiting to catch you in such a misstep, and someone waiting to catch them, and so-on.

    --
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  14. Re:Regulation strikes again by slew · · Score: 5, Interesting

    It's now so onerous to run an organization the IRS considers a "real" charity that lots of big money that actually cares about accomplishing something, will soon be taking similar steps.

    It is not *onerous* to run a legal non-profit (e.g., "real" charity). The provisions in the law Mr. Z. probably doesn't like about legal charities is that they aren't allowed to *hoard* money and must spend most of their annual income on charitable pursuits every year (a $1B will throw off a bunch of imputed income at a minimum that will need to be distributed). If you want to *hoard* your money or not spend all of it on charitable pursuits, you might consider the legal provisions *onerous* and want an LLC.

    In contrast, the Bill and Melinda Gates Foundation is an actual legal charity. What Mr. Z is doing is similar to a trust (e.g., the kind of legal structure that directs how your inheritance is distributed after you die). There's no requirement that a trust spend the money charitably (you may have heard of trials and tribulations of many trustfund babies) and there is no requirement to disclose how it is distributed.

    I'll give Mr. Z the benefit of the doubt. Maybe he doesn't want a non-profit because he has no idea what charitable cause to spend his money on yet (he had so much luck with NJ schools donation) and doesn't want to be forced to spend the money right away until his has time to figure it out. On the other hand he could have just said that, so maybe he has an ulterior motive.

    FWIW, as I recall being forced to distribute the imputed income annually was an issue with Warren Buffet donating his money to the B&M Gates foundation. He conditioned his donation on Mr Gates stepping down from MSFT and operating his foundation full time rather than leave it to foundation employees (and likely be pissed away).

  15. Re:99% ... by mishehu · · Score: 2

    Even if Zuck truly only kept 1% of this $45,000,000,000 sum, that leaves him still with $450,000,000. The average /. in the USA probably would only have to give away about $800 to $2,500 per year to be counted as giving away 1% of their annual income. How long would it take for that donation to even equal the 1% that Zuck is keeping for himself? And is Zuck really sacrificing anything by only keeping $450,000,000? It's not like he's going to have to give up steak for hot dogs here. And let's not forget about how he has accrued this amount of assets and what kind of slashing-and-burning went on before it and will likely go on after it as he still retains all control. I don't understand why I'm supposed to be all giddy with glee because he made an otherwise empty promise, and regardless of whether he makes good on it or not we will have limited visibility on anyway. 99% PR, 1% action.

  16. Re:Regulation strikes again by ultranova · · Score: 3, Interesting

    It's now so onerous to run an organization the IRS considers a "real" charity that lots of big money that actually cares about accomplishing something, will soon be taking similar steps.

    Money that cares about accomplishing something can bloody well pay its taxes for it, whether someone thinks its cause is just or not. The whole concept of tax exemption is just asking for tax evasion, which in turn will of course result in regulation. The same goes for religious exemptions.

    --

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