Now I am feeling as if I am the lawyer of Bill Gates and his foundation.
Anyway's I'll try to answer your question.
I don't think you are getting what I am saying. If you too tomorrow create a trust and transfer your shares into that you too will not be taxed. This is the law. BMGF is a 501(c)(3) organization. There are around 1.6 Million such tax-exempt foundations in the U.S. It wasn't bill gates who got preferential treatment, even a person like you can create such an institution if you have the right knowledge. If you are in India too, you can easily open a charitable Institution u/s 11 of Income Tax Act,1961.
Whenever your foundation sells the shares they will not be taxed. This is how it works.
While I am giving you a way of tax planning, you are just cribbing about the fact that Bill Gates used a tax loophole for tax planning. I am telling you the law is the same for a 1000$ Shareholder and Bill Gates if both of them don't sell it but transfer it to their charitable organization.
How many of us can do this? You are posting, as if registering a charitable trust is an easy task. It takes a lot of paper work and is not financially viable for someone who holds MSFT shares worth $1000 to go through all these formalities.
A Median household income of a person in the United States was [url text =$68000]https://www.census.gov/library/publications/2020/demo/p60-270.html[/url] for a year in 2019. Fast forward it to 2021, let's assume a fall of $10000 due to covid it's still around $58000.
Now firstly I already said that you need to have that required knowledge with you. Now Opening a 501(c)(3) trust account in the United States would cost you around $700 to open up as per this blog:
https://www.bossonabudget.com/blog-1/2020/6/10/how-much-does-it-cost-to-start-a-nonprofit. Let's assume it's $1000. Now if a person whose tax is more than $1000 for the year can choose this option as it would be less costly for him than paying the tax directly. So a person has both the option it's up to him where he feels he is getting more advantage. Just Basic marginal costing of any business. Trust me opening a 501(c)(3) in the US or a Section 11 Organization in India isn't that difficult. Also if you are saying there is a lot of paperwork and everything, the same thing applies for Bill Gates too, he is also complying with the same formalities it's just that he has attorneys to handle that because his differential between tax and cost of setting up this institution is much higher.
Now comes the next question. How can you be sure that BMGF used 100% of the funds for charity? A large part of the revenue earned after selling the shares were used for paying salaries and organizing conferences.
Again a wrong Argument. I hope you understand activities known as
Ancilliary activities. These are the activities done to achieve the primary goal of the institution and in every law around the world, these get the same status as that of the core activitiy.
Politicians or their cronies received indirect bribes in the form of salary or speaking fee. I don't have an issue if Bill Gates want to donate all his money to charity. But he should pay his taxes first before doing it. I don't care how the money was spent. Someone earning $3,000 per month has to pay his taxes honestly, and these guys who earn billions every year refuse to pay taxes. That is not fair.
So answer my simple question. You mean to say if a person earning $3000 per month decides to open a charity u/s 501(c)(3) because he is really a philanthropist, he too should be charged for 20-30% taxes first, and then he can do his charity?
I am not saying what Bill did was right, but I am trying to say what Bill has done can
actually be exercised by anyone if your economies of scale allow.