Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Mortgages
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 09-28-2009, 08:23 PM
 
59 posts, read 222,131 times
Reputation: 36

Advertisements

I don't have enough for 20% down payment, however, my parents are willing to help us out with our downpayment... it won't be a loan, but a gift that we won't have to repay... if I just deposit the funds from them into my account, will the bank/lender become suspicious on where we got the money... do u think the lender will deny the loan thinking that it's not a gift and possibly a loan from someone? Will i have to pay taxes on the money I received as a gift? The gift amout will be appx $70k... thanks.
Reply With Quote Quick reply to this message

 
Old 09-28-2009, 08:51 PM
 
861 posts, read 2,717,202 times
Reputation: 683
Quote:
Originally Posted by ilikeallofu View Post
I don't have enough for 20% down payment, however, my parents are willing to help us out with our downpayment... it won't be a loan, but a gift that we won't have to repay... if I just deposit the funds from them into my account, will the bank/lender become suspicious on where we got the money... do u think the lender will deny the loan thinking that it's not a gift and possibly a loan from someone? Will i have to pay taxes on the money I received as a gift? The gift amout will be appx $70k... thanks.
Wow, that is a nice gift!!!!
Yes, the lender WILL question it, as well as gife you a form, called something like "A Certificate of Gift" which your parents will be expected to fill out, stating they do not expect you to pay them back.
As for whether or not you have to pay taxes on it... that issue may come up when you file this year and show your bank statement. I would definitely be surprised if an amount that high was NOT questioned and taxed.
Best of luck!
Reply With Quote Quick reply to this message
 
Old 09-28-2009, 09:48 PM
 
Location: Niceville, FL
13,258 posts, read 22,826,007 times
Reputation: 16416
Have your parents talk to a tax accountant before they give you the money. It's the donor who pays gift tax on more than $12K (single child)/ $24K (couple) per year and if you're not going to buy until winter, it would probably save them some on taxes if they split the gift between a Christmas check and a second check in January when they're into the next tax year.
Reply With Quote Quick reply to this message
 
Old 09-28-2009, 10:24 PM
 
166 posts, read 532,857 times
Reputation: 88
I ran into a similar situation. A lender will ask for is for your parents to fill out a letter that states that this is a gift to you into such and such account. They will also ask for a copy of the statement that the check was deposited and the copy of the cancelled check. You can get that from your parents. I personal check is fine, but not a check that goes out to “cash”.

As for tax implications, I researched this too. Here is what I emailed out to my in-laws:

A gift receiver will not incur a tax hit on income.
A gift giver will get taxed depending on certain conditions
- Gifts in $130000 per person is allowed per year. (Technically your in-laws can give $52000 tax free because it’s two people giving to two separate people.)
- Gifts over $13000 (or up to $52000) will get taxed UNLESS you file a unified tax form which has to be filled out every year then on after. Max allowance is $345,800.

Here is a good explanation of the tax laws:
http://invest-faq.com/cbc/tax-estate-gift.html

Here is the IRS publication:

http://www.irs.gov/publications/p950/ar02.html
Reply With Quote Quick reply to this message
 
Old 09-28-2009, 10:26 PM
 
166 posts, read 532,857 times
Reputation: 88
Quote:
Originally Posted by jshlee View Post
I ran into a similar situation. A lender will ask for is for your parents to fill out a letter that states that this is a gift to you into such and such account. They will also ask for a copy of the statement that the check was deposited and the copy of the cancelled check. You can get that from your parents. I personal check is fine, but not a check that goes out to “cash”.

As for tax implications, I researched this too. Here is what I emailed out to my in-laws:

A gift receiver will not incur a tax hit on income.
A gift giver will get taxed depending on certain conditions
- Gifts in $130000 per person is allowed per year. (Technically your in-laws can give $52000 tax free because it’s two people giving to two separate people.)
- Gifts over $13000 (or up to $52000) will get taxed UNLESS you file a unified tax form which has to be filled out every year then on after. Max allowance is $345,800.

Here is a good explanation of the tax laws:
http://invest-faq.com/cbc/tax-estate-gift.html

Here is the IRS publication:

http://www.irs.gov/publications/p950/ar02.html

Sorry, I wasn't sure if I were clear that the $52,000 senerio is for two married in-laws / parents giving to a married couple. Do the math to figure out how much can be given tax free without reporting it to the IRS.
Reply With Quote Quick reply to this message
 
Old 09-29-2009, 08:21 PM
 
28,455 posts, read 85,339,930 times
Reputation: 18728
I would be less concerned with taxes than making sure the lender is totally cool with your $70K as a gift -- that is huge honking hunk of dough! Even if you are looking at at $350K house that is going to cause some lenders to really scrutinize your assets and ability to meet the mortgage...
Reply With Quote Quick reply to this message
 
Old 09-29-2009, 09:01 PM
 
Location: I think my user name clarifies that.
8,292 posts, read 26,666,913 times
Reputation: 3925
Quote:
Originally Posted by ilikeallofu View Post
I don't have enough for 20% down payment, however, my parents are willing to help us out with our downpayment... it won't be a loan, but a gift that we won't have to repay... if I just deposit the funds from them into my account, will the bank/lender become suspicious on where we got the money... do u think the lender will deny the loan thinking that it's not a gift and possibly a loan from someone? Will i have to pay taxes on the money I received as a gift? The gift amout will be appx $70k... thanks.
They'll probably have to provide a notarized affidavit, explaining that the money is not a loan but a gift.

And my guess is that you will have to pay tax on the gift.
Reply With Quote Quick reply to this message
 
Old 09-29-2009, 09:28 PM
 
Location: central, between Pepe's Tacos and Roberto's
2,086 posts, read 6,846,184 times
Reputation: 958
You will be required, with the exception of some specialty mortgage products, to contribute at least 5% of the down payment of your own funds unless the gift fund will bring the total loan to value of the home below 80%. Don't have the funds deposited just yet, you will need to document the funds being deposited as well as being withdrawn from the gifter's account. Let your loan officer know ahead of time that you will be receiving said gift. The LO will provide you with a gift letter disclosure for the gifter (and yourself if I recall correctly) to fill out, sign, and date as part of the application and disclosure package.
Reply With Quote Quick reply to this message
 
Old 09-29-2009, 10:34 PM
 
Location: Long Island
9,933 posts, read 23,144,960 times
Reputation: 5910
Quote:
Originally Posted by jshlee View Post
I ran into a similar situation. A lender will ask for is for your parents to fill out a letter that states that this is a gift to you into such and such account. They will also ask for a copy of the statement that the check was deposited and the copy of the cancelled check. You can get that from your parents. I personal check is fine, but not a check that goes out to “cash”.

As for tax implications, I researched this too. Here is what I emailed out to my in-laws:

A gift receiver will not incur a tax hit on income.
A gift giver will get taxed depending on certain conditions
- Gifts in $130000 per person is allowed per year. (Technically your in-laws can give $52000 tax free because it’s two people giving to two separate people.)
- Gifts over $13000 (or up to $52000) will get taxed UNLESS you file a unified tax form which has to be filled out every year then on after. Max allowance is $345,800.

Here is a good explanation of the tax laws:
http://invest-faq.com/cbc/tax-estate-gift.html

Here is the IRS publication:

http://www.irs.gov/publications/p950/ar02.html

Yes, a gift letter will be required by the lender as well as proof (i.e. bank statements from both parties) of the source of funds.
Lenders will question any large deposit that's not documented as income, etc., so get all explanations ready asap, if that should apply.
And no, the recipient(s) owe no income tax on the gift but the gifter must file a gift tax return for anything over $13,000 per year per person.

The "Maximum Allowance" does not refer to the total amount gifted, but to the total tax credit for gifts.

Good luck with the purchase of your new home!
Reply With Quote Quick reply to this message
 
Old 09-29-2009, 11:02 PM
 
Location: Long Island
9,933 posts, read 23,144,960 times
Reputation: 5910
Quote:
Originally Posted by suzie02 View Post
The question is why do you not have any of the down payment. Are you buying too much house for yourselves?

The OP said, and I quote: I don't have enough for 20% down payment
To me, that implies there is money for a down payment, just not enough for the 20% to avoid PMI...

Also, not having enough to cover the 20% doesn't mean the current income can't comfortable carry the house.

Your thoughts on that?
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Mortgages

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top