How a W-2 Functions as a Gift to Your Employer and Relates to Gift & Estate Taxation: EPISODE 27

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Many individuals are unaware that a W-2 form may function as an implied gift contract, classifying wages as voluntary transfers under IRS gift and estate tax rules. By signing a W-4, employees unknowingly authorize their earnings to be withheld and presumed as taxable income, potentially falling under estate and wealth transfer taxation per 26 U.S.C. § 2501 and § 2511. This article explores how W-2 wages align with Class 2 and Class 5 gift tax classifications, the silent trust relationship created by voluntary withholding, and how to rebut the presumption that earnings were gifted into the tax system. Understanding this hidden legal framework is essential for asserting proper tax classification and protecting your income.