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Level 2
June 1, 2019
Solved

IRS gift question

  • June 1, 2019
  • 1 reply
  • 7 views
Does the IRS consider money that a parent gives to a child for the purposes of purchasing/constructing a home that they will live in with that child a gift? Can it legally be claimed as such?
Best answer by Rick19744

A taxpayer can gift anyone up to $14,000 with no reporting requirements.  So this means that both Mom and Dad can give a child (or anyone for that matter) $14,000 each with no reporting requirements (total of $28,000 in this example).  This holds true for each year and this amount does get indexed for inflation.

Anything over that amount and the donor (Mom and Dad) must file a gift tax return.  Just because they file a gift tax return does not mean they owe any gift tax.  Each taxpayer has an exemption amount of $5,450,000 (current law) before any gift tax is owed.  This is a lifetime exemption and gets indexed as well under current law.

So depending on the amount of the gift, your parents may or may not have any reporting requirements, but there will not be any tax implications.

1 reply

Rick19744
Level 13
Rick19744Level 13Answer
Level 13
June 1, 2019

A taxpayer can gift anyone up to $14,000 with no reporting requirements.  So this means that both Mom and Dad can give a child (or anyone for that matter) $14,000 each with no reporting requirements (total of $28,000 in this example).  This holds true for each year and this amount does get indexed for inflation.

Anything over that amount and the donor (Mom and Dad) must file a gift tax return.  Just because they file a gift tax return does not mean they owe any gift tax.  Each taxpayer has an exemption amount of $5,450,000 (current law) before any gift tax is owed.  This is a lifetime exemption and gets indexed as well under current law.

So depending on the amount of the gift, your parents may or may not have any reporting requirements, but there will not be any tax implications.

*A reminder that posts in a forum such as this do not constitute tax advice.Also keep in mind the date of replies, as tax law changes.
Chris3Author
Level 2
June 1, 2019
I am familiar with the gifting tax guidelines, but is that scenario a "gift"? The home will become the "gifter's" primary residence and will be much more than the $14,000 and be reported as a gift by the parent. Is there any risk to the receiver or giver from the IRS not agreeing on an audit down the road that it was a gift, since the parent received a place to live from the transaction?