In theory, anyone can gift you a deposit. In reality, however, most mortgage lenders prefer if the person giving you the money is a relative, such as a parent, sibling, or grandparent. Some lenders have even stricter requirements, stating it must be a parent that gives you the money.
To prove that a gifted deposit is a gift, lenders require a 'gifted deposit letter', written by whoever has given you the funds, to confirm that there is no obligation to pay the funds back, as you would with a loan.
Most conventional mortgage loans allow homebuyers to use gift money for their down payment and closing costs as long as it's a gift from an acceptable source, such as from family members. Fannie Mae and Freddie Mac define family as the following: Parent.
Anyone can gift up to £3,000 every year without any inheritance tax being due. That amount can also be carried over from the previous year, so if you haven't gifted any money for two years, each parent could hand over £6,000 each to a child to help with their deposit and face no tax liability.
Do you have to declare gifted deposits? Yes. You'll need to inform your mortgage lender and your solicitor that your deposit has been gifted as part of their anti-money laundering checks.
Some solicitors charge an additional fee for handling the work for a gift. You should speak to your solicitor at the outset to make sure that the gift work is included within your solicitors' original quote.
In the circumstances, the solicitor will require a letter from the donor confirming that the money is a gifted deposit not a loan and that the donor has no rights over the property.
Current tax law permits anyone to give up to $15,000 per year to an individual without causing any federal income tax issues or reporting requirements. Let's say a parent gives a child $100,000. The parent would have no tax to pay on that gift nor would the child have any tax to pay upon receipt.
You can give away a total of £3,000 worth of gifts each tax year without them being added to the value of your estate. This is known as your 'annual exemption'. You can give gifts or money up to £3,000 to one person or split the £3,000 between several people.
Gift Tax Rules
So how much can parents gift for a down payment? For 2020, the IRS gift tax exclusion is $15,000 per recipient. That means that you and your spouse can each gift up to $15,000 to anyone, including adult children, with no gift tax implications.
For conventional loans, so long as you're investing a minimum of 20% or more as the down payment, all of the funds can come in the form of a gift. However, if your down payment is less than 20%, you'll then be required to pay a portion of that money from your own pocket.
In many cases, there's no limit on the dollar amount of gift money that can go into a down payment, as long as the buyer is purchasing a primary residence. However, if someone uses a down payment gift to buy a second home or investment property, they have to pay at least 5% of the down payment. The rest can be a gift.
There are no limits on the amount someone can give you for a mortgage down payment or closing costs. However, depending on the loan and property type, you may be required to contribute a certain percentage of the down payment from your own funds.
Proof of deposit (POD) is not, as it may sound, proof that you have paid a deposit. It is simply proof of where the money for your deposit came from. This is because a deposit is not required to come from your own savings and can come from elsewhere.
HMRC conducts random sampling of these forms, and this has increased over the past few years. If a gift is discovered which hasn't been properly declared, then additional inheritance tax will be due, and there may also be a penalty, as well as interest on the unpaid tax.
In theory, anyone can gift you a deposit. In reality, however, most mortgage lenders prefer if the person giving you the money is a relative, such as a parent, sibling, or grandparent. Some lenders have even stricter requirements, stating it must be a parent that gives you the money.
How much is the annual gift allowance? You're entitled to an annual tax-free gift allowance of £3,000. This is also known as your annual exemption. With your annual gift allowance, you can give away assets or money up to a total of £3,000 without them being added to the value of your estate.
For 2018, 2019, 2020 and 2021, the annual exclusion is $15,000. For 2022, the annual exclusion is $16,000.
In 2021, you can give up to $15,000 to someone in a year and generally not have to deal with the IRS about it. In 2022, this increases to $16,000. If you give more than $15,000 in cash or assets (for example, stocks, land, a new car) in a year to any one person, you need to file a gift tax return.
Can I gift my child money to buy a home? Yes. The majority of parents give their children the gift of cash to make up the shortfall in their deposit and boost their borrowing power so they can access a cheaper mortgage deal and/or borrow more.
Do I need to declare cash gifts to HMRC? You don't need to inform HMRC of any small cash gifts you make, these are gifts under £250. You'll also not be required to declare any gifts made using your yearly £3,000 annual exemption. Anything over these amounts may be subject to tax and will need to be declared to HMRC.
Of the 10 biggest mortgage lenders, Nationwide is the only one to impose restrictions on gifted deposits - but it's also one of the only lenders to have reinstated 90% mortgages.
You won't incur any tax liability as the person receiving a down payment gift, regardless of the gift amount. But the person who's making the gift to you can trigger a gift tax if the amount exceeds the annual exclusion limit.