Zuckerberg's Facebook Giveaway: 'Charity' or Tax-Dodging Scheme?

Facebook CEO Mark Zuckerberg and his wife, Priscilla Chan, attracted attention and praise when they announced Tuesday they plan to “give” 99 percent of their Facebook shares—worth roughly $45 billion—to the causes of “advancing human potential and promoting equality.”

However, there is a key problem with the declaration, unrolled in a public letter to the couple’s newborn child. The couple is not donating their money to charity, but in fact shuffling it into their own limited liability company (LLC)—the Chan Zuckerberg Initiative.

While this venture will allow the couple to donate to charity, they will not be required to do so, and they can also invest in private companies. What’s more, they can use cash from the fund to pay lobbyists and donate to politicians. Under this framework, Zuckerberg and Chan will have the power to transfer ownership of their massive stock in Facebook without paying a penny in capital gains taxes.

“This generosity is also incredibly tax efficient,” Forbes contributor Robert Wood noted on Tuesday. “Why donate stock? With stock, the donor gets a charitable contribution deduction based on the fair market value of the shares. Value and basis are different things, which can mean enormous tax advantages.”

The fact that Tuesday’s announcement does not gift a single penny of Zuckerberg and Chan’s massive fortune did not go unnoticed.

“[W]e challenge your decision to move the $45 billion to your own privately controlled LLC, because, well, that’s not *actually* giving anything away,” the group Resource Generation, which organizes young people with wealth to work towards a just distribution of resources and power, said in an open letter to the couple.

Chuck Collins, author and a senior scholar at the Institute for Policy Studies, told Common Dreams that the venture constitutes an extension of Zuckerberg’s “wealth and power.”

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