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Loan to family for home purchase

 

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Subject Author Date
Loan to family for home purchase Han 04-23-2006
Posted by Han on April 23, 2006, 3:13 am
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The question must have come up before, but I'd like to hear
the latest thoughts of your eminences on the subject.

Son and DIL want to buy a condo, but lack the desired
downpayment (they can come up with the required on their
own). Mom and Dad can gift some more money in 2006 before
the gift tax forms apply (12K x 2 x 2 = 48K), but want to
loan more.

What are the diverse ways to loan/gift 20K more? Is it more
beneficial to now gift the money and fill out the gift tax
form, or is it better to make it a loan, then forgive/give
back the "Mom and Dad mortgage payments" on a yearly basis?

--
Best regards
Han
email address is invalid

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Posted by Bill on April 24, 2006, 10:54 am
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nobody@nospam.not (Han) posted:

> The question must have come up before, but
> I'd like to hear the latest thoughts of your
> eminences on the subject.
> Son and DIL want to buy a condo, but lack the
> desired downpayment (they can come up with
> the required on their own). Mom and Dad can
> gift some more money in 2006 before the gift
> tax forms apply (12K x 2 x 2 = 48K), but want
> to loan more.
> What are the diverse ways to loan/gift 20K
> more? Is it more beneficial to now gift the
> money and fill out the gift tax form, or is it
> better to make it a loan, then forgive/give back
> the "Mom and Dad mortgage payments" on a
> yearly basis?

Your figure of $48K is correct. If you're determined to
avoid the gift tax form, you should prepare an arms-length
contract for any additional funds provided, with an interest
rate that is equivalent (or close to) market rates -- e.g.,
5% - 6% at least. You would not necessarily have to file a
second mortgage, but the document should have that "flavor."

You should expect your son+ to make the interest payments
periodically.

Now, if you subsequently decide to "gift" them some
additional reduction in the principal owed, that's another
question, for another tax year. Your accountant doesn't want
to hear anything about it at all, and your son shouldn't
either. <wink>

Bill

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Stuart A. Bronstein on April 24, 2006, 10:55 am
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> Son and DIL want to buy a condo, but lack the desired
> downpayment (they can come up with the required on their
> own). Mom and Dad can gift some more money in 2006 before
> the gift tax forms apply (12K x 2 x 2 = 48K), but want to
> loan more.
>
> What are the diverse ways to loan/gift 20K more? Is it more
> beneficial to now gift the money and fill out the gift tax
> form, or is it better to make it a loan, then forgive/give
> back the "Mom and Dad mortgage payments" on a yearly basis?

It depends on what your income tax bracket is and what your
estate tax bracket will be.

I generally like the loan and forgiveness route, though that
does involve you recognizing taxable income for interest you
never receive.

My question is, if the parents' loan is not secured by
mortgage, can both the parents and the kids find the
forgiven interest is taxable to them?

Stu

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Benjamin Yazersky CPA on April 24, 2006, 10:55 am
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> The question must have come up before, but I'd like to hear
> the latest thoughts of your eminences on the subject.
>
> Son and DIL want to buy a condo, but lack the desired
> downpayment (they can come up with the required on their
> own). Mom and Dad can gift some more money in 2006 before
> the gift tax forms apply (12K x 2 x 2 = 48K), but want to
> loan more.
>
> What are the diverse ways to loan/gift 20K more? Is it more
> beneficial to now gift the money and fill out the gift tax
> form, or is it better to make it a loan, then forgive/give
> back the "Mom and Dad mortgage payments" on a yearly basis?


I don't think that there's one right answer.
It depends on your facts & circumstances.
Perhaps you should consult with your CPA or estate planning
attorney to help you decide what works best for you in your
siutation

--
<<< Benjamin Yazersky CPA [NJ & NY] >>>
---> real address on hobokenx or hobokeni <---

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by rick++ on April 24, 2006, 11:14 am
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One couple can give another couple $44,000 once a year
without triggering a gift tax.

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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