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The Gift Letter form serves an essential purpose for individuals involved in financial transactions, particularly in the context of real estate purchases. When a person receives a monetary gift to assist with a home down payment, a service invariably follows. Lenders often require a Gift Letter to confirm that the funds do not need to be repaid. In this letter, the giver must clearly identify themselves and affirm that the money is, in fact, a gift. Specific details about the amount given, the relationship between the giver and the recipient, and a statement indicating that the funds are not a loan are also typically included. This documentation can help reassure lenders about the stability of the financial situation for the borrower. Furthermore, it may also serve as an important record for tax purposes, ensuring that the transaction adheres to applicable gift tax regulations. By understanding the nuances of the Gift Letter form, recipients can better navigate the process of securing the necessary financing for their home purchase.

Gift Letter Example

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)

File Breakdown

Fact Name Description
Purpose The Gift Letter form is used to document a monetary gift, typically for use as a down payment on a home. It helps clarify the source of funds to lenders.
Requirements Generally, the giver must attest that the funds are a gift and do not need to be repaid. This clarity is essential for loan processing.
State Specificity Some states may have specific requirements for gift letters, particularly regarding notarization. Always check state laws.
Location of Use Gift Letters are commonly required in real estate transactions across the United States, particularly when a buyer receives financial assistance from family or friends.

Guide to Using Gift Letter

Before you begin filling out the Gift Letter form, gather all necessary information. This includes recent financial statements, your relationship with the donor, and details regarding the gift itself. Once you have everything in order, you can confidently proceed with the form.

  1. Start by entering your name and contact information at the top of the form. This ensures clarity about who is receiving the gift.
  2. Next, fill in the donor's information. Include their name, address, and relationship to you.
  3. In the designated area, clearly state the amount of the gift. It's important to be specific to avoid any misunderstandings.
  4. Provide a brief explanation about the purpose of the gift. This helps establish the context in which the gift is given.
  5. Document the date the gift will be given. This is crucial for record-keeping and future reference.
  6. Ensure both you and the donor sign the letter. This confirms the authenticity of the gift.
  7. Finally, make a copy of the completed form for your records before submitting it as required.

Completing the Gift Letter form accurately is essential for a smooth transaction. Make sure to review all sections before finalizing your submission.

Get Answers on Gift Letter

What is a Gift Letter form?

A Gift Letter form is a document used to confirm that a financial contribution is a gift, rather than a loan. This form typically includes details about the donor, the recipient, and the amount of money being given. Lenders may require this letter to ensure there is no expectation of repayment, which could affect the recipient’s eligibility for a loan.

When is a Gift Letter form necessary?

A Gift Letter form becomes necessary when a borrower uses gift funds to help with a down payment or closing costs for a home purchase. If the borrower is receiving funds from a friend or family member, they should be prepared to provide a Gift Letter to the lender as part of the loan application process.

What information should be included in a Gift Letter form?

A properly completed Gift Letter should contain the following information:

  • The donor's name, address, and contact information
  • The recipient's name and relationship to the donor
  • The exact amount of the gift
  • A statement confirming that the money is a gift and does not need to be repaid
  • The date the gift is being given

Who can provide a Gift Letter?

Typically, anyone can provide a Gift Letter, but it is most commonly written by family members or close friends of the borrower. Lenders may view the donor’s financial stability and relationship with the borrower as important factors, so gifts from well-known sources may be more readily accepted.

Are there limits on how much can be gifted?

While there is no set limit on how much money can be given as a gift, there may be tax implications for the donor. For example, in the United States, the IRS allows individuals to gift up to a certain amount annually without incurring taxes. As of 2022, the annual exclusion amount is $16,000 per individual. Gifts above this amount may require the donor to file a gift tax return.

Can a Gift Letter be used for purposes other than purchasing a home?

Yes, a Gift Letter can be used for various types of transactions beyond purchasing a home. However, lenders often require it in mortgage applications to clarify that funds meant for down payments are indeed gifts. For different situations, such as funding education or other personal expenses, it may not be essential, but it is prudent to document the nature of any significant financial gifts.

Common mistakes

Filling out a Gift Letter form may seem straightforward, but mistakes can lead to delays or complications in the process. One common error is failing to include the correct names of the giver and the recipient. It is essential to ensure that both parties are accurately identified, as any discrepancies could raise questions about the legitimacy of the gift.

Another frequent mistake is neglecting to provide the correct date of the gift. This information is crucial, as it indicates when the transaction took place. A missing or incorrect date can create confusion, especially if the gift amount raises suspicions of being a loan instead of a genuine gift. Ensuring that the date is clear and precise is vital for transparency.

People often overlook the importance of specifying the amount of the gift. Incomplete or vague descriptions can lead to misunderstandings. By clearly stating the exact dollar amount being gifted, both the giver and the recipient can avoid potential issues later on. This clarity demonstrates transparency and intent, reinforcing the nature of the gift.

Some individuals make the mistake of not signing the document. A signature serves as a formal acknowledgment of the gift. If the giver forgets to sign, the recipient may face difficulties in proving that the funds were indeed a gift, rather than a loan. This omission can result in unnecessary complications and a potential questioning of the gift's legitimacy.

Another area of concern is the failure to provide context for the gift. While it's common to assume that the purpose is understood, including a brief explanation can be beneficial. This helps clarify the intention behind the gift and reinforces its validity, particularly for larger amounts. Not providing this context may raise red flags for financial institutions.

Inaccurate information about the relationship between the donor and the recipient is also problematic. The form typically requires a description of the nature of the relationship, such as family or friend. Failing to accurately describe this relationship can lead to complications, as financial institutions may require proof of a legitimate personal connection to validate the gift.

Lastly, individuals often forget to check for completeness before submitting the Gift Letter. Taking a moment to review the form for any missed sections or errors can save time and frustration. Providing a complete and accurate gift letter helps ensure that the transaction proceeds smoothly and without unnecessary delays.

Documents used along the form

When preparing a Gift Letter form, several other documents and forms often complement it. Understanding these documents can help ensure all necessary paperwork is in order, particularly in real estate transactions or financial assistance scenarios.

  • HUD-1 Settlement Statement: This document provides a detailed account of all costs associated with a real estate transaction. It is typically used in closing and outlines both the buyer’s and seller’s financial responsibilities.
  • Financial Gift Affidavit: A sworn statement that verifies the donor’s intent to give money or assets as a gift. This document is beneficial in confirming that the funds do not need to be repaid.
  • Bank Statement: A copy of the donor’s bank statement may be required to demonstrate the source of the funds being gifted. This helps lenders verify the liquidity and legitimacy of the gift.
  • Purchase Agreement: This contract outlines the terms and conditions of the sale between a buyer and a seller. Inclusion of a gift letter may be referenced within the purchase agreement.
  • Loan Application: If the recipient is applying for a mortgage, this form is essential. It requires disclosure of all sources of funds, including any gifts received.
  • Gift Tax Return (Form 709): This IRS form is filed by the donor if the gift exceeds the annual exclusion limit. It ensures compliance with federal tax regulations on large gifts.
  • Letter of Explanation: A document sometimes requested by lenders that clarifies the context of the gift or any unusual transactions. This provides additional assurance regarding the gift’s legitimacy.
  • Donor's Identification: A valid form of identification from the donor, often required to verify the identity of the individual providing the gift.
  • Borrower's Financial Documentation: This includes pay stubs, tax returns, and other financial statements from the recipient. They help lenders assess the borrower's overall financial profile.

These documents work in conjunction with the Gift Letter form to provide clarity and transparency during financial transactions. Proper completion and submission of all relevant forms can facilitate a smoother process, whether it involves purchasing a home or securing financial assistance.

Similar forms

  • Affidavit of Support: This document is often used in immigration cases. It demonstrates that a sponsor has the financial means to support an immigrant. Like a Gift Letter, it outlines a financial commitment from one party to support another.
  • Promissory Note: A promissory note is a written promise to pay a specific amount of money to another party. Both documents capture the financial relationship between parties. However, a Gift Letter confirms a gift rather than a loan.
  • Loan Agreement: This is a formal contract that outlines the terms and conditions of a loan. While a Gift Letter states there is no repayment expected, a loan agreement signifies that the borrower is obligated to repay the lender.
  • Grant Deed: A grant deed transfers ownership of property from one party to another. It may be accompanied by gifts of property, similar to how a Gift Letter affirms the transfer of funds without the expectation of repayment.
  • Cash Gift Receipt: This serves as proof of a cash gift being given. Like a Gift Letter, it confirms that money has been given without obligation. It records the amount and the parties involved.
  • Charitable Donation Receipt: This document acknowledges a donation made to a non-profit organization. It includes details about the donor and the amount donated. Similar to a Gift Letter, it serves to document the act of giving without expectation of a return.

Dos and Don'ts

When you are filling out a Gift Letter form, it is essential to approach the process with care. Here are some important do's and don'ts to consider:

  • Do: Clearly state the purpose of the gift. Providing context helps clarify your intentions.
  • Do: Include specific details about the gift. Mention the amount and the relationship between the giver and recipient.
  • Do: Sign and date the letter. A dated signature is crucial for validating the gift.
  • Do: Make a copy of the completed letter. Keeping a record is wise in case it's needed later.
  • Do: Review the letter for accuracy before submitting it. Every detail matters.
  • Don't: Leave out important information. Omitting details can lead to misunderstandings.
  • Don't: Alter the form inappropriately. Keep the format as intended to avoid confusion.
  • Don't: Use vague language. Being specific helps prevent any misinterpretation.
  • Don't: Forget to check for spelling or grammatical errors. These can undermine your credibility.
  • Don't: Disregard the requirements of the lender, if applicable. Know the guidelines for the gift letter.

Misconceptions

Many people have questions and misunderstandings about the Gift Letter form. Here are ten common misconceptions, along with clarifications to help clear things up.

  1. A Gift Letter is the same as a gift tax return. Some think that a Gift Letter serves as a tax return for gifts. In fact, a Gift Letter is a document to verify that funds gifted are not loans and do not require repayment.
  2. All gifts require a Gift Letter. This isn’t true. While many lenders require a Gift Letter for substantial gifts, smaller gifts may not need one. It's best to check with your lender to confirm their requirements.
  3. The Gift Letter must be notarized. Not all lenders require notarization. Many accept a signed letter as sufficient documentation, but verify your lender’s specific needs.
  4. Only family members can provide gifts for a Gift Letter. Friends can also give gifts. However, using a Gift Letter may be more common among family members.
  5. You can use a verbal agreement instead of a written Gift Letter. A verbal agreement is generally not enough. For documentation purposes, lenders prefer a written Gift Letter.
  6. A Gift Letter is only needed for first-time home buyers. This misconception is wrong. Even seasoned buyers may need Gift Letters if they are using a gift to cover part of their down payment.
  7. A Gift Letter guarantees loan approval. Unfortunately, it does not guarantee approval. It is just one piece of the overall mortgage application process.
  8. The lender drafts the Gift Letter for you. This is not typically the case. Borrowers usually need to create the Gift Letter themselves or use a template provided by the lender.
  9. You can't exceed the annual gift tax exclusion amount. It is fine to exceed this amount, but the giver may need to file a gift tax return. The recipient doesn't face any tax obligations for receiving the gift.
  10. Gift Letters are only for mortgage-related transactions. While commonly used for real estate, Gift Letters can apply to other financial transactions as well, such as covering large expenses or gifts for education.

Understanding these misconceptions can help simplify the process of using a Gift Letter. Always check directly with your lender for specific requirements and guidelines.

Key takeaways

When utilizing the Gift Letter form, there are several essential aspects to consider to ensure it fulfills its purpose effectively. Below are key takeaways:

  • Complete all required sections: Ensure that every part of the form is filled out accurately. Incomplete forms may lead to delays or complications.
  • Provide accurate donor information: It's crucial to include the full name, address, and contact information of the person giving the gift. This adds legitimacy and clarity to the gift.
  • State the relationship clearly: Specify the relationship between the donor and the recipient. Whether it is a family member, friend, or other connections, this detail can influence how the gift is perceived.
  • Document the amount of the gift: Clearly indicate the monetary value of the gift being provided. This documentation can be vital, especially in financial transactions, as it informs all parties involved.
  • Keep a copy for your records: Once completed, retain a copy of the Gift Letter for your own records. Having documentation can be useful for future reference or financial proof if needed.