Welcome Guest. Register Now!  



Reply
 
LinkBack Thread Tools Search this Thread Display Modes
  #1 (permalink)  
Old 07-21-2016, 09:49 PM
Junior Member
 
Join Date: Jul 2016
Posts: 1
Gift Tax Rules...small potatoes

Nice website. I tried searching but couldn't find a great example of my question. I have lent my mother $60k over the past year to improve her home. She has decided to sell the home and plans to repay after closing. We have documented promissory notes and receipts that I loaned her money. However,I paid for cabinets, flooring with credit cards to take advantage of points/airline miles so there wasn?t a true transfer transaction. Will the notes be satisfactory to the IRS for her repayment? She plans to repay in whole at once. Or can she just file a Form 709 as a gift since it?s over 14k annual limit? Please confirm that there will be no tax implications for either of us if she gifts the money back all at once as long as she files a Form 709.



Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!Reddit! stumble!bookmark in google!Share on Facebook!
Reply With Quote
  #2 (permalink)  
Old 07-22-2016, 05:37 AM
Moderator
 
Join Date: Oct 2010
Posts: 5,258
Nice website. I tried searching but couldn't find a great example of my question. I have lent my mother $60k over the past year to improve her home. She has decided to sell the home and plans to repay after closing. We have documented promissory notes and receipts that I loaned her money.==========>loans to family members , so called gift loans, fall under the imputed interest rules UNLESS an exception applies.But unlike IRS?s requirement, no interest is imputed ona gift loan of $100K OR LESS, if your mom?s net investment income (taxable interest, dividends or capital gains or etc)for the year doe not exceeds $10k.However, irs treats your mom as having paid yu this amt as interest and you need to report the interest as your interest income on your return.

However,I paid for cabinets, flooring with credit cards to take advantage of points/airline miles so there wasn?t a true transfer transaction. Will the notes be satisfactory to the IRS for her repayment?========>>
the notes?d be satisfactory to the IRS for the loan lent to your mother;however, for her repayment for cabinets, flooring or etc, she needs to keep her cancelled checks and you need to keep a copy of your bank statement and receipts of the payments that show your pmts for the expenses and her repayment for the expenses to you; I mean her repayment is not a gift; A gift means: Any transfer to an individual, either directly or indirectly, where full consideration (measured in money or money's worth) is not received in return.So in this situation,


She plans to repay in whole at once. Or can she just file a Form 709 as a gift since it?s over 14k annual limit? =========>she never gives you a gift.As she is a payee/donee, she never files form 709; basically, form 709 is filed by a donor that made to another person within the same calendar year exceeds $14k.

If you gave gifts to someone in 2015 totalling more than $14k (other than to your spouse, then you must fiel form 709 with the US treasury.

Please confirm that there will be no tax implications for either of us if she gifts the money back all at once as long as she files a Form 709.
====================>>>>>>>>>> as said only a donor files form 709 ; aslongas you give any individual a gift valued over $14K in 2016, you must file a Form 709 to declare that gift .You cannot file a joint gift tax return. If you and your spouse each made gifts valued over $14K, you both must file a Form 709.



Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!Reddit! stumble!bookmark in google!Share on Facebook!
Reply With Quote
Ads
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Tax rules in IRAs derohanes IRA/Sep 4 11-14-2014 10:24 AM
Contradictory IRS rules rickwm Rental Real-Estate 4 04-15-2014 05:46 AM
IRS Encourages Small Employers to Check Out Small Business Health Care Tax Credit Samatg For 2011 0 03-13-2012 06:53 PM
As part of the "Small Business Jobs Act of 2010 Tax Provisions, IRS allows Temporary exclusion of 100% of gain on certain small business stock. TaxGuru General 0 01-31-2011 06:14 PM
Depreciation Rules curlopt Miscellaneous 0 01-25-2007 02:06 AM

Follow us on Facebook Follow us on Twitter Google Buzz Rss Feeds

» Categories
 
Individual
 » Income
 » IRA/Sep
 » Medical
 
Corporations
 » Payroll
 
Forum for CPAs
 
Financial Planning
 
 
 

» Recent Tax Q&A
No Threads to Display.