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Gifts and Payments

by Best Agencies
Gifts and Payments

An executive branch employee’s gift to an official superior may cause co-workers to suspect that the donor will receive special treatment. Also, an employee may feel pressured if asked to contribute to a gift to a superior. Separately, if an employee solicits or accepts a gift from an outside source that does business with or seeks official action from the employee or the employee’s agency (a “prohibited source”), the public may be concerned that the donor will receive favored treatment as a result of the gift. Even if a facility is from a person or organization with no official dealings with the employee’s agency, accepting a gift offered because of the employee’s official position may create an appearance of using public office for private gain. Moreover, if an employee receives a payment from an outside source in some circumstances, the public may believe that the employee is serving two masters or is distracted by outdoor activities. Accordingly:

An employee may not give (or solicit contributions for) a gift to an official superior or accept a gift from another employee who receives less pay, subject to certain exceptions.

An employee may not solicit or accept a gift from a “prohibited source” or a gift given because of the employee’s official position, subject to certain exceptions.

An employee may be prohibited from accepting a payment from a non-Federal source.

Awards & Honors

An executive branch employee may be permitted to accept an award or other mark of recognition even if it is from a “prohibited source” or is given because of the employee’s official position.

Gifts from Outside Sources

Executive branch employees are subject to restrictions on the gifts that they may accept from sources outside the Government.  Unless an exception applies, administrative branch employees may not receive gifts given because of their official positions or that come from certain interested sources (“prohibited sources”).

Invitations from Outside Sources

Generally, Government employees may not accept invitations from outside sources of free attendance at events, such as conferences, unless certain requirements are met. The payment by an external source of fees charged for an event is considered a gift under the ethics regulations. For a Federal employee to accept any gift from an outside source, one of the exceptions to the gift rules must apply.

Gifts between Employees

Unless an exception applies, an executive branch employee may not give (or contribute toward) a gift for the employee’s official superior; accept a gift from another employee who receives less U.S. Government pay; or ask another employee for a contribution toward a gift for an authorized supervisor.

Outside Pay for Government Duties

18 U.S.C. § 209 generally prohibits any executive branch employee from receiving any salary or contribution to or supplementation of salary, from any source other than the Government, as compensation for services as a Government employee.

Limitations on Outside Income

Specified political appointees are subject to an outside earned income limitation or an exterior made income ban, and both restrictions cover some political appointees.


Under the bribery law, at 18 U.S.C. § 201(b), an executive branch employee may not demand, seek, receive, accept or agree to accept anything of value “in return for being influenced in the performance of any official act.”


An executive branch employee may be permitted to accept a gift of personal travel (transportation, lodging, and meals), or travel expenses, even if the gift is from a “prohibited source” or is given because of the employee’s official position. Donations of official travel may be accepted following a gift statute (and any applicable implementing regulation).

Gifts for services

 In the transaction of the trade, there is something which you need to give to the consumer as the gift of the service, which will be perceived as the gratuity.  For example, the tip for the equator is the gratuity for the service he has provided.  Even though it was the responsibility of the waiter, you have given him the extra money for the privilege you got. The usual thing is that if you add the gift as the profit, then it will be taxable. The voluntary payment or gift can become taxable if you regard this thing to be in the part of the salary you have got. The gift is not the profit at all. In the professional environment, the trade between the service provider and the service letter can become difficult if there is extra money in the transaction. For example, one of my friends is sending me the money from the United Kingdom daily for the services I have provided him in the past.  I had the house in the United Kingdom, and my friend paid me the money because when he didn’t have the money, I gave him the privilege to live in that house. Now he has the money, and he is giving me the money for the favors I have given him in the past. Now the question is that this money is the gift or the payment for the services. 


The gifts and the payments for the services are tricky trade.  In the informal environment, you might make the deal, which will not be troubling for you. Still, in the formal trade connection between the company and the service getter, it can be tricky and problematic. The responsibility relies on the employer and the employee, and even the customer to make the transaction openly, which will not be showing the other people and also the law enforcement Agencies the problem in the trade. If the employer can’t get the gift from the employer and employee can’t get the gift from the consumer and without the authority from the employer and employee can’t give the gift to the consumer.  If it is the professional trade and there is a company policy in which you can provide the gratuity for the consumer more than the payment they have given, then this transaction should be open in the papers and also in front of the employer. 

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