Close

See current mortgage rates on Zillow Mortgage Marketplace

Gift of equity from family members, if you are familiar please respond

Profile picture for Lvm3
I am purchasing my Grandmothers home that is currently in a trust. I will be receiving a gift of equity from my family. (the beneficiaries if the trust) Should the gift of equity be from one family member even thought it exceeds the yearly allowable amount that one can give away, 12k  per year, 24k per couple.
 
Here is the situation...
 
54k is the GOE
right now it looks like its coming from one family member, that family member as a couple with spouse can gift 24k which means I would have to pay taxes on 30k, the balance. and would my family member have to pay for exceeding the allowable yearly amount?  Should our GOE letter be changed to reflect what each beneficiary is giving towards that gift? My lender says consult a CPA but really who has $250.00 to spend on one question? Any advice you can give me would be greatly appreciated.
  Flag content
Close
Report a Problem

Please enter a valid email address.

Close
Content flagged

We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

Close
We're Sorry
This service is temporarily unavailable. Please come back later and try again.
February 09 - San Jose
  • Be a Good Neighbor. Be respectful and on-topic. No spam or self-promotion! See our Good Neighbor Policy.

Answers (6)

Profile picture for pazbaram

It is a question for a full licensed tax professional. I recommend asking him if you can set up a trust and move the house to the new trust to avoid the tax consequence

Let me know what you think,

Paz

  Flag content
Close
Report a Problem

Please enter a valid email address.

Close
Content flagged

We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

Close
We're Sorry
This service is temporarily unavailable. Please come back later and try again.
March 26
Profile picture for shapiroamg
Better to spend $250 for a CPA consult than have to go running to a CPA later on when the IRS comes knocking on your door.
FWIW, the gift letter for the loan purpose is not shared with any entitty except the lender or investor the lender may sell the loan to.
That's why its best to speak with a CPA tot figure out how to report this.
Im under the impression that the donors are on the hook for the tax. So it just goes to show you its best to ask a tax question to the proper expert. Since the trust is selling you the property, the trust may have some tax issues two that could pass through to the beneficiaries. Does the trust have a tax advisor? Perhaps you could run this past them??
  Flag content
Close
Report a Problem

Please enter a valid email address.

Close
Content flagged

We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

Close
We're Sorry
This service is temporarily unavailable. Please come back later and try again.
February 09
Profile picture for Sandykayhomes
Consider leaving the family member on title for the number of years that it takes to gift their share at no tax cost to anyone. Double check with a CPA. You're a homeowner now and should realize that the useful advice of a professional who saves you a lot of headaches later is well worth $250.
  Flag content
Close
Report a Problem

Please enter a valid email address.

Close
Content flagged

We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

Close
We're Sorry
This service is temporarily unavailable. Please come back later and try again.
February 09
Profile picture for Roseville Loan Guy

Lvm,
 
That is a question that really should be answered by a licensed tax professional. Even if I knew the answer with 100% certainty I would do the same as your loan officer as we are not licensed to talk specific tax law like this. Not only is it a better idea to ask a tax pro about things like this, there is a liability issue on our end.

I'm sure you could also do this research online and save the $250 however... :)
 
Sincerely,
Greg

  Flag content
Close
Report a Problem

Please enter a valid email address.

Close
Content flagged

We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

Close
We're Sorry
This service is temporarily unavailable. Please come back later and try again.
February 09
Profile picture for wetdawgs

The tiny good news is that the   annual exclusion for gifts is $13,000 (since 2009), but you are right, both spouses can give the limit.    Above that, the person giving the gift  has to pay taxes on the gift, not the recipient. 

Most CPAs will answer a single question like that for far less than $250.
  Flag content
Close
Report a Problem

Please enter a valid email address.

Close
Content flagged

We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

Close
We're Sorry
This service is temporarily unavailable. Please come back later and try again.
February 09
Profile picture for Bob Lowery
Your lender is correct.  Loan officers should not give tax advice unless they are also a CPA.  I would recommend contacting your accountant.
  Flag content
Close
Report a Problem

Please enter a valid email address.

Close
Content flagged

We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

Close
We're Sorry
This service is temporarily unavailable. Please come back later and try again.
February 09
 

Have a question? Ask it here.

What's this?
Close

By starting a discussion, you can expect more of an interactive, back-and-forth experience where the conversation can go in many different directions.

Or start a discussion
Related Questions
Profile picture for AustinMortgageGal
QuestionAm I eligible for an FHA loan?
  • Latest answer by AustinMortgageGal
  • January 20
Profile picture for Clay Branch
QuestionOwner occ. cash out, refi, Loan is $, LTV =%. is there mortgage ins. ?
  • Latest answer by Clay Branch
  • January 16
Profile picture for T.C. Whiting
QuestionAre there still programs to get a conventional loan with 5% down in Calif?
  • Latest answer by T.C. Whiting
  • July 07 2011
Be A Good Neighbor

Zillow® Advice depends on each member to keep it a safe, fun, and positive place. If you see abuse, flag it. More on our Good Neighbor Policy