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I'm recv'ng a gift of funds from my mom to put as a downpayment on a house, do I have to pay tax on the funds?

  • I live in California. My girlfriend & I have saved enough to put down 10%, my mom is willing to match our funds. She's really concerned that I will be taxed on this Gift of Funds (which bums her out b/c she states she's already been taxed on said funds)... I read somewhere, from a webpage dated from sometime back in 1999, that the "current" tax laws state that I won't be taxed on those funds if indeed it is a purchase of a primary residence (not an investment property)

  • Answer:

    Sigh.. here's a link directly to the IRS website on gift taxes below: The previous responders came close. Any gift under $12,000 (twice that from a married couple) does not need to be reported. Gifts over $12,000 per individual gift-giver need to be reported to the IRS on a gift tax return but trigger no immediate tax. Once a gift-giver's gift totals reach $2 million - then the tax kicks in. This often happens after death, thus the nickname "the death tax" or the "inheritance tax". The tax trigger amount has been $2 million since year 2006. In previous years, it was smaller. Some have theorized that the government should eliminate this tax completely, but as it is seen as a "tax on the rich", it is unlikely to be elimnated in the near future.

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Other answers

No, you won't pay tax on it. If the amount is over $12,000, she'll have to file a gift tax return, although she very probably won't have to pay a gift tax on it.

Judy

There is no tax on the gift. Your mother can give up to $12,000 each year to any number of people (you and your wife would be 2, so she can give $24,000 total to you). She then has a $1,000,000 (1 million) lifetime exemption for gifts over the annual $12,000. So unless you are buying a real big house, you should be okay. Check the link below for more info.

Steve D

Talisman has confused the impact of the Unified Lifetime Credit on Gifts and Estates. The Gift limitation is $1,000,000. The Estate Tax Exclusion is currently $2,000,000. Judy & Steve are correct. Talisman isn't.

Bostonian In MO

ask the state of California about the funds from your mom, and to see if they have updated the tax laws from 1999.

kaykay

MukatA

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