Everyone always asks the million dollar question: Is Gifting Legal?

Some would even say that if you have to include this question on your web site then it must not be legal. This is simply not true. The reason why we include this question is because it is the most frequently asked question we get, and for good reason. Anyone with any intelligence knows that it is completely legal to give and receive gifts and to invite others to do the same. However, most gifting activities insult your intelligence by comparing gifting activities with birthdays or weddings and we all know that systematic giving as a means of generating cash is far different.

All you have to do is a tiny bit of research and it will soon become obvious that there is a lot of confusing and conflicting information when it comes to determining whether gifting is legal.

So a better question would be:

Is systematic giving and receiving a legitimate and legal activity?

The good news is that the answer is yes. But there is a catch- a big catch. Most gifting activities are not legal.

The reason is that most illegal pyramid schemes are called gifting activities. And this means that you must be very careful when you decide to join a gifting activity. Many Network Marketing and Gifting activities are illegal pyramid schemes, but it is much easier to put together a pyramid scheme and call it gifting than it is to do with a Network Marketing program. However, after reading this you will realize how many Network Marketing programs are actually illegal pyramids.

So, let's talk about what is legal.

Even if you decide that Cash Daily System is not for you, this page will arm you with important information that you must know if you are going to stay out of trouble and keep from getting burned.

Truth:

Neither the Law of Attraction, the Bible, nor the IRS mandates that you must give a gift without expectation. What they say is that you must not expect anything in return from the recipient of the gift. OK, so what this means is that any gifting activity that is structured in such a way that you could even receive a gift from the person you gifted is not a legally structured activity. Also, a gift must only be given one time. Any gifting activity that requires you to give more than once is not a legally structured activity. For example, if you join a plan with a recycling matrix (whether it has a product or not) and are required to give each time you begin a new cycle, this is against the law. If you expect anything in return from the person you are sending a gift to, then the activity is illegal. At Cash Daily System, you only give one time and will never receive anything from the person you are giving to. It is okay to expect something in return, as long as you are not expecting it to come from the recipient of your gift.

Myth:

If you don't have a product, then the activity is illegal. This could not be farther from the truth. In fact, this is a rumor spread by the Network marketing community who does not want people to know the truth. There is a law that pertains to business that says a Network marketing company must pay distributors for retailing product, not for recruiting people. If you join a Network marketing program where you get paid for recruiting people then the activity is not legal.

Truth:

For a gifting activity to be legal there must not be an exchange of goods or services for money. The gift must be a gift. Also, it is illegal for a gifting activity to be a business or to conduct business like activities. What this means is that you must send your gift to a person without interference of an entity. If you are ever considering a gifting activity where they require you to send the gift to the program for them to distribute it, then the activity is not being run legally. The truth is that gifting works.

If everyone knew how wonderful gifting was then why would they spend their energy in Network marketing programs who take most of the money to support the company and marketing plan? What they have done here is twist the language in the pyramiding laws that pertain to a Network marketing business only. The law actually says a company cannot force you to purchase the product and they cannot allow you to buy your way to higher levels by purchasing more product than you can consume. You must be very careful when you get involved in any company with a product because there are a lot of legal nuances you must be aware of when determining whether the product is viable or not.

At Cash Daily System, we offer no product or service and you will not exchange your gift for a product or service of any kind. This is the way it is supposed to be. We also do not recruit or solicit people. We share information. If someone wants to be invited to join us, they must ask for the invitation. Most gifting activities are involved in recruiting which makes them in violation of the law. This is why we do not have meetings and conference calls. In order to be legal we must offer a personal, private invitation to a person who is of likemind who chooses willingly to give, receive and to invite.
 

Myth:

Gifting is an illegal pyramid.

This is not true. The pyramiding statutes do not apply to what we do here at Cash Daily System.

Truth:

The first reason the pyramiding statutes do not apply to what we do here at Cash Daily System is that we are not a business, not a company, not a corporation, not a commercial enterprise and therefore not regulated as a business. The pyramiding statutes apply to business or the act of business. Most gifting activities get themselves in trouble because they operate their activity like a business and therefore are considered an act of business. They make this mistake in a number of ways. The primary ways they violate this is by having meetings and conference calls to solicit new members. If you are considering a gifting activity and they have invited you to attend a conference call (even if they say the invitation to the call is private) then you are probably getting involved in an illegal activity.

The second reason the pyramiding statutes do not apply to what we do here at Cash Daily System is because the statutes prohibit any structure that has "an ever widening base." The reason why pyramids have been determined to be illegal is because they are structured in a way that it takes so much to sustain their growth that eventually even the entire population of the Earth would not be able to keep it alive. Cash Daily System does not have a structure like that. For us it is impossible that it would ever reach a point where there is not going to be enough population to feed it. Some activities will try to tell you their structure does not have "a never widening base" by using smoke and mirrors. An excellent example of this is a 2x2 matrix. Just draw it out and you will soon see how it gets wider and wider. Just because you don't see it happening, does not mean that it isn't.

Q. What is private "Cash" gifting?

Private cash gifting is a concept embraced by private groups of individuals and has been in existence for many years. Our private activity does not involve network marketing, or any business or commercial activity. There are no business transactions, investments and/or securities involved in this activity. There is no business or company name or location and there are no directors, officers, shareholders or principals. Individuals simply support each other in a team concept and help change lives.

The concept of private gifting is based upon the fact that both American and Canadian citizens have the Constitutional right to gift property, cash and other assets, and are subject to the rules and regulations established by the laws. The U.S. gifting rules are found in the IRS Tax Code, Title 26, Sections 2501-2504 and 2511.

The law states that one or more individuals can give a gift to another individual of up to $12,000 each per calendar year without any tax liability to either the giver or receiver of the gift, because the tax on the gift has already been paid. These gifts are not included in the gross income of the recipient.

Q. Is private gifting legal?

Yes. Churches, civic groups and people from around the world have participated in organized gifting for over 300 years. Laws state that it is legal for individuals to exchange gifts. In the United States we have the Preamble, the Constitution and the Bill of Rights to protect a private citizen's rights to earn, pay taxes and give away property and cash as long as it is done according to the laws and codes of this country.

One of my more thorough Gift members called the attorney general of his state to ask about the program. The attorney general explained that there is nothing illegal about gifting, unless you require labor or service in return. So, for example, if I send you a gift and require that you fix my car, it is no longer a gift but a wage. This program uses a very specific form at enrollment to eliminate that issue. Smart thinking.

Q. What makes this program legal?

1) The IRS Tax code Title 29 and Publication 950.

2) It is NOT pyramidal, but linear in structure. There's no "fat cat" at the top benefiting from others. A person starting today can easily generate more money than someone that's been in a year. Copy cat programs in the past were closed because of this illegal structure, which we are NOT.

3) It is a private activity and by invitation only. There are no open forums, meetings, or conferences. All guidelines are stated in the back office.

4) You can give and receive up to $12,000 (effective Sept. 1, 2006) from any one person within a calendar year. Of course, $8,500 is the most we give or receive (well within the IRS guidelines).

To view the most recent (September 2006) IRS Pulication regarding this subject, click the following link:

http://www.irs.gov/pub/irs-pdf/p950.pdf?source=ttcom4home1

5) The Gifting Statement and Non-Solicitation forms we sign are binding between two individuals. High profile lawyers were brought in to ensure the wording and content would make this activity 100% legal ensuring the longevity of the program.

Once again, to view the most recent (September 2006) IRS Pulication regarding this subject, click the following link:

http://www.irs.gov/pub/irs-pdf/p950.pdf?source=ttcom4home1
 

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Joe Chancellor:  1-682-518-7133 (USA & Canada)

UK:  001-682-518-7133  Australia: 0011-682-518-7133

Email: joe.chncllr@gmail.com