Tax law will soon be clearer on how compensation from our egg donations will be treated for tax purposes in the United States. Throughout these last few months, We Are Egg Donors has fielded dozens of emails from U.S. donors regarding the appeal process. Our Forum has been a-buzz with donors discussing how they were advised by their individual accountants. Soon, the mystery surrounding unwelcome 1099s will be clarified, if not disappear.
Elizabeth was what is called a “premier” egg donor: she was paid $15,000 per cycle. Due to the subsequent health issues she experienced, she was able to successfully appeal all taxes on her compensation. In this interview, I ask her about what it’s like being a high-demand donor, what her body has gone through, and for advice she has for egg donors.
The US Tax Court has reached a decision in the groundbreaking tax case in which an egg donor, Nichelle Perez, argued that her egg donation compensation should be excluded her gross income and exempted from taxes owed. The outcome? Perez lost. Sierra Falter, attorney and founding member of We Are Egg Donors, weighs in on what this new ruling means for egg donors.
On January 22, 2015, Judge Holmes held the fees paid to egg donors are taxable:
The court held “[c]ompensation for pain and suffering resulting from the consensual performance of a service contract is not “damages” under I.R.C. section 104(a)(2) and must be included in gross income.
Seeing as I’m a tax law nerd, I’ve pulled a few of my favorite and key parts of the court’s decision.