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Content Overview

When individuals receive financial gifts to assist with significant purchases, such as real estate or a vehicle, a critical document comes into play: the Gift Letter form. This form is an essential tool that formally records the nature of the gift, ensuring that it is indeed a gift and not a loan that needs to be repaid. Through the Gift Letter, the gifter declares that the funds provided do not require repayment, clarifying the terms for both the recipient and any interested third parties, such as mortgage lenders or financial institutions. This distinction is vital for lenders to accurately assess the recipient's financial obligations when making approval decisions. The form typically includes important details like the donor's name and relationship to the recipient, the exact amount of the gift, as well as explicit statements about there being no expectation of repayment. By securely establishing the parameters of the financial gift, the form plays a pivotal role in smoothing the path towards major purchases, safeguarding the interests of all parties involved.

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GIFT LETTER

Applicant(s):

Loan Number:

I,

 

 

, do hereby certify the following:

 

(Donor)

 

 

 

(1) I have made a gift of $

 

to

 

 

 

(Amount)

 

 

(Recipient)

 

Whose relationship is:

 

 

 

 

 

 

(Relationship)

 

 

 

(2) This gift is to be applied toward the purchase of the property located at:

(Property Address)

(3)No repayment of the gift is expected or implied in the form of cash or by future services of the recipient.

(4)The funds given to the homebuyer were not made available to the donor from any person or entity with an interest in the sale of the property including the seller, real estate agent or broker, builder, loan officer, or any entity associated with them.

(5)The source of this gift is:

(Source)

Donor Signature

Date

Borrower Signature

 

 

 

 

Donor Name (Print or Type)

 

 

Borrower Signature

 

 

 

 

Donor Address

 

 

 

(

)

 

 

 

Donor Phone Number

WARNING: Our signatures above indicate that we fully understand that it is a Federal Crime punishable by fine, imprisonment, or both to knowingly make any false statement concerning any of the above facts as applicable under the provision of Title 18, United States Code, Section 1012 and 1014.

Attachments:

1.Evidence of Donor's Ability to Provide Funds.

2.Evidence of Receipt of Transfer of Funds.

Calyx Form - giftlttr.frm (05/02)

Form Specifications

Fact Name Detail
Purpose Confirms that a sum of money given is a gift, not a loan.
Contents Typically includes the donor's name, recipient's name, relationship, gift amount, and a statement that no repayment is expected.
Use in Mortgage Applications Often required by lenders to verify that down payment funds are gifts.
Tax Implications May be referenced by the IRS to determine if gift tax applies.
State-Specific Variations Some states may have specific requirements or forms.
Governing Law Federal law and state laws, depending on tax implications and state requirements.
Signatory Requirements Generally requires signatures from the donor and, in some cases, the recipient and/or witness.
Notarization Not always required but recommended for added legal validity.
Common Misconceptions Some people mistakenly believe a gift letter alone exempts them from any tax obligations.

Gift Letter: Usage Guidelines

When preparing to complete a Gift Letter form, it's essential to understand that this document acts as an official way to show that a significant amount of money given to someone, often for the purchase of a home, is truly a gift and not a loan. This distinction is crucial because it affects the recipient's ability to qualify for a mortgage since loans need to be paid back, potentially impacting borrowing capabilities. By completing this form correctly and thoroughly, both the giver and the recipient can ensure that the financial transaction is transparent and meets legal and financial requirements.

  1. Start by entering the date at the top of the Gift Letter form. This should be the current date when you are filling out the form.
  2. Next, provide the full name(s) of the gifter(s), the individual(s) giving the gift. If the gift is from more than one person, make sure to include each person's name clearly.
  3. Write down the recipient's full name, the person who is receiving the gift. Ensure this matches their legal identification to avoid any confusion during the mortgage application process.
  4. Indicate the exact amount of money being gifted. It's critical to state this number clearly and ensure that the amount written matches the funds being transferred.
  5. Specify the relationship between the gifter and the recipient. This helps to establish the context of the gift and can be relevant for tax purposes.
  6. Confirm in the form that there is no expectation of repayment. This statement clarifies that the funds are indeed a gift and not a loan that the recipient is obligated to pay back.
  7. Include any pertinent details regarding the gift's purpose, especially if it's for a down payment on a house. Some institutions may require specific information on how the gift will be used.
  8. Sign and date the form. The gifter's signature is necessary to validate the form, and the date verifies when the agreement was made. Be sure the gifter signs the form in the presence of a notary if the form or the lending institution requires notarization.

After filling out the Gift Letter form, it should be submitted alongside the mortgage application of the recipient, or as requested by the financial institution or legal advisor. Ensuring the form is accurately completed and submitted promptly helps facilitate a smoother transaction and supports the recipient's financial journey, such as purchasing a home. Remember, it’s always recommended to keep a copy of the completed form for personal records and potential future reference.

Your Questions, Answered

What is a Gift Letter and why do I need one?

A Gift Letter is a document that clearly states money received from a friend or family member is a gift, meaning it does not need to be repaid. This letter is often required by lenders to confirm that the funds being used for a down payment on a home, or for any other major purchase, are not an additional loan that could impact the recipient's ability to honor their borrowing agreements.

Who needs to sign the Gift Letter?

The person giving the gift must sign the Gift Letter. This signature is a critical part of the document as it validates the gift's authenticity. Some lenders or legal entities may also require the recipient of the gift to sign the letter, acknowledging the gift and its terms.

Is there specific information that needs to be included in the Gift Letter?

Yes, certain details are essential for the Gift Letter to be considered valid. These include the donor's name and relationship to the recipient, the exact amount of the gift, the date the gift was or will be given, a statement that no repayment is expected or required, and the signatures of all parties involved. Some lenders may also require the letter to include the donor’s contact information and the recipient’s account details where the funds will be deposited.

Can a Gift Letter be handwritten or must it be typed?

While a handwritten Gift Letter may still be accepted by some lenders, a typed letter is generally preferred for clarity and legibility. The most important aspect is that the letter contains all of the required information and signatures. Always check with the lender or legal advisor to confirm their specific requirements.

Does a Gift Letter need to be notarized?

Not all gift letters need to be notarized. However, getting the letter notarized adds an extra layer of authenticity, as it confirms the identity of the signatories. Some lenders or legal situations may require a notarized letter, so it’s best to verify their requirements before proceeding.

Can a Gift Letter affect my taxes?

While the gift letter itself does not directly affect taxes, there are tax implications for large gifts. In the United States, there is an annual exclusion limit for gifts, beyond which the donor must file a gift tax return. The gift letter can serve as evidence that the transfer of funds was a gift if audited by tax authorities. The recipient typically does not have to pay income tax on the gift received.

How long is a Gift Letter valid?

A Gift Letter does not expire, but its relevance is generally limited to the specific transaction it was drafted for. Lenders will usually require the Gift Letter to be dated close to the transaction date to ensure the information is current and reflective of the funds being used for that specific purpose.

Are there legal consequences if it's found out the gift is actually a loan?

If it is discovered that the money was in fact a loan and not a gift, this could constitute fraud, especially if the misrepresented funds influenced a lender's decision to approve a loan or mortgage. This could lead to legal repercussions for both the giver and the receiver, including potential criminal charges for fraud or legal action by the lender to recover the loan based on actual financial standings.

Common mistakes

  1. Not providing the date of the gift. People often forget to mention the exact date when the gift was made. This is critical as it helps establish the timeline of the transaction.

  2. Omitting the relationship between the giver and the recipient. A key component of the Gift Letter form is specifying the relationship (e.g., parent, friend) to underline that there’s no expectation of repayment.

  3. Failing to state the exact amount of the gift. It's crucial to specify the amount in clear terms to avoid any ambiguity regarding the size of the gift.

  4. Neglecting to declare that the gift is not a loan. The letter must clearly state that the money given is a gift without any obligation of repayment. Without this, there might be misunderstandings or legal complications regarding the nature of the funds.

  5. Forgetting to include the recipient's full legal name. Sometimes, people casually write down nicknames or abbreviations. It’s important to use the recipient's full legal name for clarity and official purposes.

  6. Not having the giver's signature on the form. A signature is required to authenticate the document, confirming that the giver indeed acknowledges the content of the Gift Letter.

  7. Leaving out the giver’s address and contact information. It's essential to include the giver’s current address and contact details. This information might be required for any follow-up or verification process by the institution or party receiving the Gift Letter.

When people prepare a Gift Letter, they often make mistakes that can easily be avoided. Such errors can lead to delays or issues in the processing of the document. Paying attention to the details in the Gift Letter is important to ensure its acceptability by financial institutions or any other entities that require such documentation.

Documents used along the form

When preparing for major financial transactions, particularly those involving real estate, a Gift Letter form is often utilized to document that funds given from one party to another are indeed a gift and not a loan. This assurance can be crucial for lenders when determining a borrower's eligibility for financing. However, the Gift Letter form does not stand alone in the documentation process. Several other forms and documents usually accompany it to provide a comprehensive picture of financial standing and legitimacy.

  • Proof of Funds Letter: This document is required by lenders to verify that the gift giver has the financial means to provide the specified gift amount. It serves to assure the lender that the funds are legitimate and readily available.
  • Mortgage Application Form: For home purchases, this form outlines the borrower’s financial status, including income, debts, and assets. It is essential in the process since it gives the lender a detailed snapshot of the borrower’s financial health and repayment capability.
  • Promissory Note: In situations where parts of the financial assistance are a loan from a family member or friend, this legal document specifies the repayment terms, interest rate, and schedule. It clarifies the obligations of the borrower to the lender.
  • Closing Disclosure: This is a comprehensive breakdown of the final loan terms, closing costs, and other transaction fees. The document is critical for ensuring that the borrower understands all aspects of the loan agreement and settlement costs.
  • Title Insurance: A policy that protects the lender and/or owner against losses resulting from disputes over the ownership of the property. It verifies that the title is clear of any liens or claims that could affect the transaction or ownership.

In summary, while the Gift Letter form is a key document in transactions involving significant financial gifts, it is part of a network of documents that ensure transparency, legality, and the financial stability of the parties involved. Each document plays a vital role in ensuring that all aspects of the transaction are legitimate, clear, and fair to all parties involved.

Similar forms

  • A Promissory Note serves a similar purpose in that it details an agreement between two parties regarding the lending and repayment of money. Unlike the Gift Letter, which confirms that funds are given without expectation of repayment, a Promissory Note lays out the terms under which a loan must be repaid, including interest rates and repayment schedule.

  • The Affidavit of Support is often used in immigration processes to prove that a visa applicant has financial support in the United States, minimizing the risk that the applicant will rely on public benefits. Like the Gift Letter, this document attests to the provision of financial support, but it is legally enforceable and requires the sponsor to support the immigrant financially if necessary.

  • A Loan Agreement is a comprehensive document that outlines the terms and conditions of a loan between two parties. It includes information similar to that of a Promissory Note but is more detailed, often covering legal remedies and obligations in the event of default. The key difference from the Gift Letter is that it formalizes a loan, not a gift.

  • The Mortgage Down Payment Gift Letter is a specific type of Gift Letter that is directly related, used when an individual gifts money to a homebuyer to cover part of the down payment. It confirms the money is a gift and not a loan, ensuring lenders that the recipient is not under additional financial obligations.

  • An Earnest Money Deposit Receipt is used in real estate transactions to demonstrate the buyer's commitment to the purchase. It signifies that an initial deposit has been made towards the buying price. Although it serves a different purpose, it is similar to a Gift Letter in providing proof of financial transactions related to property purchases.

  • The Donation Receipt is given to donors by nonprofit organizations to acknowledge receipt of a gift. Like the Gift Letter, it can serve as documentation for financial transactions without expectations of repayment. However, it also serves as proof for the donor's tax-deductible contributions.

  • A Financial Support Letter is often required by educational institutions or consular officers to prove a student has sufficient funds for tuition and living expenses while studying abroad. It is similar to a Gift Letter as it documents the provision of financial support, but it emphasizes the sponsor’s commitment to covering specific expenses over time.

  • The Declaration of No Interest is a document that states one party holds no financial interest in the assets or transactions of another party. While it often pertains to business dealings and investments, it shares the core principle of a Gift Letter by declaring that funds are transferred without expectations of repayment or profit sharing.

Dos and Don'ts

When completing a Gift Letter form, it is essential to adhere to certain guidelines to ensure the process is conducted smoothly and effectively. A Gift Letter is a document that proves money received by someone is indeed a gift and not a loan that is expected to be repaid. Below are nine critical do's and don'ts to consider:

  • Do ensure all the required information is completely filled out. Missing information can delay or invalidate the letter.
  • Do verify the donor's relationship to the recipient. This acts as a reaffirmation of the intent behind the gift.
  • Do include specific details about the gift, including the exact amount of money being gifted and the date it was given.
  • Do have the donor sign and date the letter. This is crucial as it provides a legal declaration of their intent.
  • Do make sure the recipient also keeps a copy of the completed letter for their records.
  • Don't forget to mention whether the gift is intended for a particular purpose, such as down payment on a home. This can be important for legal or tax reasons.
  • Don't allow errors in spelling or arithmetic to remain in the document; proofread the letter carefully before finalizing it.
  • Don't omit the statement declaring that the gift does not have to be repaid. This is essential to differentiate it from a loan.
  • Don't use legal jargon or overly complex language. Keep the letter straightforward and easy to understand.

Misconceptions

When navigating the waters of buying a home, financial gifts from family or friends can be a lifeline for many individuals. However, when it comes to formalizing these gifts through a Gift Letter form, there are several misconceptions that can confuse both donors and recipients. Understanding these misconceptions can help ensure that this generous support doesn't become a stumbling block in the home-buying process.

  • Misconception #1: Any written statement will suffice as a Gift Letter.
    Many people believe that a simple note saying "I'm giving this money as a gift" is enough for lenders. In reality, lenders have specific requirements for a Gift Letter. This document must include the donor's name, relationship to the recipient, the exact amount of the gift, a statement that no repayment is expected, and both the donor and recipient's signatures. It's not just any written statement; it's a formal declaration that meets legal and regulatory standards.
  • Misconception #2: Gift Letters are only needed for large gifts.
    Some folks think that Gift Letters are only necessary for large sums of money. However, lenders might require a Gift Letter for any amount that appears as a significant deposit in the recipient's bank account, differing from their usual financial activity. This is because lenders need to ensure that the funds are genuinely a gift and not a loan disguised as a gift, which could affect the recipient’s ability to repay their mortgage.
  • Misconception #3: The donor is legally obligated to give the money after signing a Gift Letter.
    Another common belief is that once a donor signs a Gift Letter, they're legally bound to provide the gift. However, a Gift Letter is meant to document an intent that has already been acted upon or will soon be, rather than serve as a contractual obligation to give money. It's important for both parties to understand that the commitment should be firm before a Gift Letter is executed, as its primary role is for the transparency and requirements of the lending process.
  • Misconception #4: Gift Letters aren’t necessary if transferring small amounts over time.
    People often think that if they incrementally gift money, sidestepping larger deposits that would catch a lender's attention, they can avoid the need for a Gift Letter. This strategy can backfire, as lenders review several months of statements during the mortgage application process. Multiple small gifts that accumulate to a significant amount can trigger red flags for lenders, leading to delays and additional documentation requests. A Gift Letter clarifies these transactions upfront, potentially smoothing the path to loan approval.

Key takeaways

When it comes to using a Gift Letter form, it's important to understand its purpose and how to properly fill it out to ensure a smooth financial transaction. Below are four key takeaways to consider:

  • A Gift Letter form is a document that clearly states money given by a donor (such as a family member) to a recipient (usually the buyer in a real estate transaction) is indeed a gift and not a loan. This distinction is crucial because it means the recipient is not obligated to pay back the money.

  • The form should include specific details like the exact amount of the gift, the date the gift is made, and the relationship between the donor and the recipient. Including this information helps financial institutions verify the legitimacy of the gift, which is especially important when the recipient is using the gift towards a large purchase, like a home.

  • Both the donor and the recipient are required to sign the Gift Letter form. This formal acknowledgment by both parties is necessary for the document to be considered valid and binding. It's a straightforward step, but it's vital for the form's acceptance by lenders or banks.

  • Lastly, it is important to be honest and transparent when filling out the Gift Letter form. Attempting to disguise a loan as a gift can lead to potential legal and financial complications down the line. Lenders have processes in place to verify the information provided, so accuracy and honesty are paramount.

Ultimately, the Gift Letter form is a simple but powerful tool in confirming that a financial gift has been given. It plays a critical role in transaction processes, particularly in the home buying journey. By understanding and correctly using this document, donors and recipients can facilitate a transparent and efficient financial exchange.