TomD8
Level 15

Deductions & credits

@curiousminds wrote:  "30k is being gifted except that it just becomes the down payment on 200k."

 

Except that's not what's happening.  Seller is not giving $30K cash to the buyer; instead seller is letting buyer buy his home at a $30K discount from FMV.  The IRS treats that $30K discount as a gift and requires a gift tax return if the amount exceeds the filing threshold..  

 

On the other hand if seller gives $30K cash to buyer - which in effect is @curiousminds 's scenario - and buyer then turns around and uses the $30K to buy seller's house at full FMV, where is the gift?  Seller has given away $30K, but has gotten the $30K right back because buyer used the money to buy seller's house.  That is not a gift.

 

 

**Answers are correct to the best of my ability but do not constitute tax or legal advice.