Every single cash gifting program which attempts to pass cash gifting off as an opportunity to make money uses the exact same logic to try and explain its legality. Cash gifting administrators point to the language of the United States IRS Tax Code, Title 26, Sections 2501-2504 and 2511, which states that:
An individual may give as a “cash gift” up to $12,000 USD total, to as many individuals as that individual desires within a calendar year. While these gifts are non-taxable, and need not be reported to the IRS, there are conditions. In order to be deemed non-taxable, the cash gift must be given without the expectation of receiving anything in return.”
Just think for a moment. If you were to send cash to a stranger, would you not expect something in return? You would at least expect to make your money back. No matter what anyone says, there is not one single person involved in a cash gifting program whose intent was to simply give a stranger a gift out of the kindness of their heart. It is clear that the IRS Tax Code, Title 26, Sections 2501-2504 and 2511 were not intended to exempt transfers made via cash programs from taxation. Therefore, anyone who is involved in a cash gifting program, and attempts to avoid taxation under the guise of the aforementioned Tax Code, will most likely be subjecting themselves to tax evasion charges. Furthermore, these sections of the IRS Tax Code merely determine whether a specific form of income is taxable or non-taxable, not the legality of a business or activity structure.
1) The Structure of Cash Gifting
Generally, cash gifting programs involve convincing others to become members of a scheme. To become a member, said individual must send a “gift” in cash to the person who recruited them, pay administrative fees, and submit some filled out documents. I have not yet seen a cash gifting program which offers a legitimate product or service. However, they attempt to contrast themselves with the well known, but illegal pyramid scheme with some formalistic artistry.
2) Traditional Cash Gifting Clubs (Pyramid Schemes)
Most people are familiar with the illegal pyramid scheme. This is a type of cash gifting which has existed for probably a century. Due to the fact that they are doomed to collapse, and people have to fail in order for them to exist, they have been made illegal in nearly every developed country in the entire world. There simply are not enough people in the world for such a scheme to continue as they are an infinite chain. They are regarded as pyramid schemes due to their endless geometric progression. Just like the type of cash gifting which we have been discussing, these pyramid schemes involve recruiting people to hand over cash to gain membership in a cash gifting club. Similar to the above scheme, pyramid schemes offer nothing of value, no service, and no product.
3) The Modern Day 1-UP Structure of Cash Gifting
This was perhaps the most common online cash gifting structure early on before internet cash gifting administrators became really creative. In order to avoid the appearance of being an illegal pyramid, the 1-UP Cash Gifting Structure creates a beginning and an end (ie. receiving line) for every cash gifting transaction. The structure of 1-Up Cash Gifting is fairly straight forward. For example, “Cash Gifter 1″ brings “Cash Gifter 2″ into their respective program. “Cash Gifter 2″ now brings “Cash Gifter 3″ into the program. However, “Cash Gifter 3″ must send their “cash gift” to “Cash Gifter 1″, as “Cash Gifter 2″ must pass up their first gift to the person who brought them into the program, hence the term, “1-Up Cash Gifting.” Thereafter, “Cash Gifter 2″ is free to collect “cash gifts” from future recruits, as “Cash Gifter 1″ is no longer in their receiving line. *For more details on the different types of cash gifting programs, please the website listed below.
Currently, there is nothing concrete stating that this new form of cash gifting is either legal, or illegal. I attribute this to its youth. With that being said, you cannot argue its resemblance to an illegal ponzi or pyramid scheme.
While the final decision is up to you, we recommend that you proceed with caution for a couple of reasons. The first reason is due to the fact that internet cash gifting is in such a gray area right now, you do not want to end up being the first defendant in State v. Your Name. Furthermore, if you decide to take your chances with cash gifting, other people will be very apprehensive not only to send untraceable cash to an absolute stranger (you), but will also have concerns of ending up being the named defendant in State v. Their Name. Hence, we conclude that if you are searching for how to make money, that you avoid cash gifting.
Do not fall for the Cash Gifting scam. To find out more regarding Cash Gifting and why it should be avoided, visit analogiclabs.com.
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