How Mark Zuckerberg’s Altruism Helps Himself

Mark Zuckerberg did not donate $45 billion to charity. You may have heard that, but that was wrong.

Mr. Zuckerberg is a co-founder of Facebook and a youthful megabillionaire. In announcing the birth of his daughter, he and his wife, Priscilla Chan, declared they would donate 99 percent of their worth, the vast majority of which is tied up in Facebook stock valued at $45 billion today.

In doing so, Mr. Zuckerberg and Ms. Chan did not set up a charitable foundation, which has nonprofit status. He created a limited liability company, one that has already reaped enormous benefits as public relations coup for himself. His P.R. return-on-investment dwarfs that of his Facebook stock. Mr. Zuckerberg was depicted in breathless, glowing terms for having, in essence, moved money from one pocket to the other.

Mark Zuckerberg’s Philanthropy Uses L.L.C. for More ControlDEC. 2, 2015
 Mark Zuckerberg Vows to Donate 99% of His Facebook Shares for CharityDEC. 1, 2015
 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. He remains completely free to do as he wishes with his money. That’s what America is all about. But as a society, we don’t generally call these types of activities “charity.”

Room for Debate: Welcome or Wariness for Zuckerberg’s Legacy Plan? DEC. 3, 2015
 In covering the event, many commentators praised the size and percentage of the gift and pointed out that Mr. Zuckerberg is relatively young to be planning to give his wealth away. “Mark Zuckerberg Philanthropy Pledge Sets New Giving Standard,” Bloomberg glowed. The New York Times ran an article on the front page. Few news outlets initially considered the tax implications of Mr. Zuckerberg’s plan. A Wall Street Journal article didn’t mention taxes at all.

Nor did they grapple with the societal implications of the would-be donations.

So what are the tax implications? They are quite generous to Mr. Zuckerberg. I asked Victor Fleischer, a law professor and tax specialist at the University of San Diego School of Law, as well as a contributor to DealBook. He explained that 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.

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