Gift or Income and Amend

[mypromqueen]

I had a small amount of Unemployment and no W2's. But put the Renters credit on but the Dept. of Treasury sent me a questionaire to return about extra income I assume because that did not cover the cost of rent. I did receive checks from a friend during the year to help out. I don't really care about the rent credit, but I want to make sure I am covered with the checks. I see it could be considered a gift, but it's over the 16k year limit and I also have no idea how he handles that on his end, though it comes from a business account of his. Should I send the letter back with the checks claimed as gift and would I owe any tax on the remainder, or file an amend and claim as income to avoid any issues in the future?

[awatkins2]

Thank you for this question,  Gift income is not taxable to the person receiving the money (unless it coming from your employer).  As for the renter's certificate you may want to just write a statement letting them know a friend helps you with your rent.   

[mypromqueen]

Thank you, do they require proof that is in fact a gift or know exactly who it came from? I would have no idea if he filled out a 709 or writes things off as business expense, just want to make sure I can't get caught up in how he handles his write offs

[jacquieb]

Hi @mypromqueen 

The person receiving a gift typically does not have to pay gift tax, regardless if over $16,000. The giver, however, will generally file a gift tax return when the gift exceeds the annual gift tax exclusion amount. The giver may also not owe gift tax due to the basic exclusion amount.

Hope this helps! 🙂

[rschule1]

Hi There:

You have a very complicated situation, especially since it involves a friend. Would your friend be willing to sign a statement saying he gifted you?  If so it might help. On the other hand a substance over form argument indicates that periodic checks from a business could be construed as wages or contract labor.  

[mypromqueen]

I'll have to see if he can do that. If not, I understand how that can appear to be the case. If so, would it be best to do an amend to claim it as income then even though he doesn't W2 anything?