Gift Letter PDF Form Customize Form Here

Gift Letter PDF Form

A Gift Letter form is a document that officially records a gift of money or equity from one person to another, ensuring that the gift is indeed genuine and not a loan. This form plays a crucial role in various financial processes, such as mortgage applications, by clarifying the nature of the funds to lenders. It helps protect all parties involved by providing a clear and legal record of the transaction.

Customize Form Here
Overview

When a loved one steps into a new phase of life, whether it's buying a house, furthering their education, or starting a business, financial support from family or friends can play a critical role. In such situations, the generosity of a financial gift can make all the difference. However, to ensure that this act of kindness is understood and recorded correctly by financial institutions and tax authorities, it is vital to formalize the transaction with a Gift Letter form. This document not only provides clear evidence of the non-repayable nature of the gift but also outlines the relationship between the donor and the recipient, the amount gifted, and the assurance that the gift does not need to be repaid. By laying out the details in a concise manner, the Gift Letter form helps avoid potential misunderstandings or tax implications, making it an indispensable tool in the process of giving or receiving significant financial gifts.

Preview - Gift Letter Form

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 Specs

Fact Name Description
Purpose of the Gift Letter Form Used to provide proof that funds received by a homebuyer from a family member or friend are a genuine gift and not a loan.
Required Information Includes the donor's name, relationship to the recipient, amount of the gift, date of gift, and a statement that no repayment is expected.
Mortgage Approval Impact Lenders require the Gift Letter to exclude the gift amount from the applicant's debt-to-income ratio, facilitating loan approval.
Tax Implications Clarifies the gift's nature for tax purposes, potentially exempting it from gift tax up to a certain amount.
State-Specific Variations While the form's core purpose is consistent, specific legal wording and additional requirements can vary by state.
Governing Laws Federal gift tax regulations and state laws dictate the form's legal standing and requirements.

Detailed Instructions for Filling Out Gift Letter

Completing a gift letter form is a straightforward process that involves providing detailed information about the monetary gift being given, the giver, and the receiver. This documentation ensures that the transfer of funds is clearly understood by all parties, including any financial institutions that might be involved. The key to a smooth experience is to provide accurate and complete information, ensuring that the form clearly communicates the intention of the gift without any implications of repayment.

  1. Begin by writing the date at the top of the form. This should be the current date when the form is being filled out.
  2. Next, enter the full name of the person giving the gift, followed by their relationship to the recipient. This clarifies the connection between the two parties.
  3. Provide the complete address of the gift giver, including street address, city, state, and zip code. This information is necessary for any potential follow-up.
  4. Specify the amount of the gift in the designated space. It is important to write the exact amount in both words and figures for clarity.
  5. Include the full name of the recipient of the gift. This ensures that there is no confusion about who is meant to receive the funds.
  6. Detail the purpose of the gift. For example, if the gift is meant to assist in the purchase of a home or a vehicle, provide that information here.
  7. State clearly that there is no expectation of repayment from the recipient. This is a crucial element that distinguishes the transfer as a gift rather than a loan.
  8. Conclude with the signature of the gift giver and the date. The signature verifies the giver’s agreement and understanding of the document's contents.

Once completed, the next step involves submitting the gift letter form to the relevant financial institution or party as required. This might be a mortgage lender, bank, or legal entity, depending on the purpose of the gift. Ensuring that all steps are followed carefully and that the form is completely accurate helps to facilitate a seamless transaction and prevents potential complications.

More About Gift Letter

  1. What is a Gift Letter form, and when is it needed?

    A Gift Letter form is a document used to provide proof that money received from a friend or relative is indeed a gift and not a loan. This clarification is crucial when the recipient is applying for a mortgage. Lenders require this form to ensure that the gift does not need to be repaid, as additional debt could affect the applicant's ability to make their mortgage payments. It is typically needed during the mortgage application process when a portion of the down payment is being gifted.

  2. Who needs to sign the Gift Letter form?

    The Gift Letter form must be signed by both the person giving the gift (the donor) and the recipient of the gift (the donee). These signatures are vital as they confirm both parties acknowledge that the funds are a gift and not subject to repayment. In some cases, the lender may also require a witness or notary to sign, depending on the legal requirements of the jurisdiction or the lender's policies.

  3. What information must be included in the Gift Letter form?

    • The donor's name, address, and phone number.
    • The donee's name, address, and phone number.
    • The exact amount of the gift.
    • The date the gift was or will be given.
    • A statement confirming that the gift is not a loan and does not need to be repaid.
    • The relationship between the donor and the donee.
    • Details of the property being purchased, if applicable.

    This information helps the lender to verify the legitimacy of the gift and the absence of any repayment obligation.

  4. Is there a limit to the amount that can be gifted?

    There is no limit to the amount that can be gifted for mortgage purposes; however, there are tax implications to consider. The Internal Revenue Service (IRS) sets annual and lifetime gift tax exclusions, and amounts that exceed these exclusions may be subject to gift tax. It is advisable for both donors and donees to consult with a tax professional to understand any potential tax liabilities that could arise from the gift.

  5. How does a Gift Letter form affect the mortgage application process?

    The Gift Letter form plays a crucial role in the mortgage application process by providing lenders with the documentation they need to consider the source of the funds used for the down payment. By verifying that the funds are a gift, it ensures that the borrower's debt-to-income ratio is not adversely affected, which could impact the ability to qualify for the mortgage. Lenders may perform additional verification to confirm the transfer of gift funds, so it's important for the information on the Gift Letter form to be accurate and complete.

Common mistakes

One common error people face when filling out a Gift Letter form is not specifying the exact amount of the gift. It's crucial to clearly state the monetary value being given. Vague descriptions can lead to unnecessary delays or questions from lenders. Being precise in stating the amount helps in processing the mortgage application more smoothly.

Another frequent mistake is failing to declare the nature of the relationship between the giver and the recipient. It's important to clarify whether the person providing the funds is a family member, friend, or someone else. This information is vital as it helps lenders understand the context of the gift and ensures compliance with their guidelines.

Often, people overlook the necessity to assert that no repayment is expected. Including a clear statement in the letter that the gift is indeed a gift and not a loan is essential. This assures lenders that the borrower is not taking on additional financial liabilities that could affect their capability to repay the mortgage.

Not getting the letter signed by both the donor and the recipient is another oversight. A signature from both parties adds validity to the document, confirming that both are in agreement over the terms of the gift. Without these signatures, the letter might not be considered legally binding or acceptable to lenders.

Forgetting to include pertinent information, such as the donor's contact details, can also complicate the process. Lenders may need to verify the gift and, without contact information, cannot easily reach out to the donor. This can lead to delays in the mortgage approval process.

Lastly, a significant yet common mistake is not attaching documentation that evidences the transfer of funds. Providing bank statements or transaction receipts that show the movement of funds from donor to recipient reinforces the legitimacy of the gift. Lack of such evidence can lead to skepticism about the authenticity of the gift, further complicating the loan application process.

Documents used along the form

When handling financial transactions, especially those involving gifts for major purchases like a home, a Gift Letter form is often just the starting point. To ensure a smooth process, several other forms and documents are frequently required in addition to the Gift Letter. These documents help provide a comprehensive view of the financial situation and ensure compliance with legal and regulatory requirements.

  • Promissory Note: This document is a written promise to pay a specified sum of money to another party under agreed terms and conditions. It is often used when the gift is expected to be repaid in the future.
  • Mortgage Application Form: If the gift letter is used in the context of buying a home, the recipient will likely need to fill out a mortgage application. This form collects detailed personal and financial information required to assess the borrower's creditworthiness.
  • Proof of Funds Documentation: To complement the Gift Letter, recipients may need to provide proof of funds documentation. This could include bank statements or other financial documents showing that the donor has the funds available to give as a gift.
  • Title Documents: When the gift involves property, title documents will be necessary. These documents prove ownership of the property in question and can include deeds or titles, depending on the nature of the property.
  • Closing Disclosure: In real estate transactions, a Closing Disclosure is a key document that outlines the final loan terms, monthly payments, and closing costs for the borrower. A copy of this might be required to ensure that the gift funds have been appropriately allocated toward the purchase.

These documents, alongside the Gift Letter, play crucial roles in various financial transactions, providing transparency, legality, and peace of mind to all parties involved. Whether you're giving or receiving a gift for a significant purchase like a home, being prepared with the right documentation can make the process much smoother and more efficient.

Similar forms

  • Affidavit: Similar to a gift letter form, an affidavit is a written statement made under oath. Both documents are used to legally verify specific facts or actions, asserting their truthfulness and accuracy. For example, a gift letter confirms the transfer of funds without the expectation of repayment, similar to how an affidavit might confirm a person's legal residency or ownership of property.

  • Promissory Note: While a promissory note is essentially a promise to pay a debt, it shares the formal, binding nature with the gift letter. Both documents detail specific agreements between parties—a promissory note outlines the terms of repayment for a loan, whereas a gift letter details the terms under which a gift is given, ensuring it is not to be repaid.

  • Mortgage Pre-approval Letter: This document is similar to a gift letter in that it serves as a written statement from a lender indicating a preliminary commitment to a loan under specified conditions. Both documents provide evidence of financial solvency or support to third parties. Just as a mortgage pre-approval letter can strengthen a buyer's position in a real estate transaction, a gift letter can solidify the legitimacy of a down payment derived from a gift.

  • Deed of Gift: Often used in the transfer of property, a deed of gift is a legal document that represents the voluntary gift of property from one person to another. Like a gift letter, it clearly documents the giver's intent and the voluntary nature of the transfer without expectations of payment or compensation, ensuring the transaction does not impose future financial obligations.

  • I-134 Affidavit of Support: This form is similar to a gift letter in its purpose of pledging financial support. The I-134 Affidavit of Support is used in immigration cases to show that visa applicants have sponsorship and will not become public charges while in the United States. Like a gift letter, it details the supporter's commitment to financially assist the recipient, often covering specific periods and conditions of support.

Dos and Don'ts

When it comes to financial transactions, especially those involving gifts to help with a purchase like a home, transparency and adhering to proper procedures are crucial. A Gift Letter form is a key document in this process, elucidating that the money given is indeed a gift and not a loan. To ensure the process goes smoothly, here are some essential dos and don'ts you should consider when filling out the Gift Letter form.

Things You Should Do

  1. Ensure full transparency by providing all necessary information about the donor and the recipient, including their relationship, to clearly establish that the transaction is a genuine gift.

  2. Confirm the exact amount of the gift. It's important to be precise about the sum being given to avoid any confusion or discrepancies down the line.

  3. Specify that there is no expectation of repayment. The essence of a gift is that it's freely given, so the letter must explicitly state that the recipient is not obliged to repay the amount.

  4. Include the nature of the gift as well as its purpose. Clearly indicating what the gift is for can help in the process, especially if it's for a specific goal like a down payment on a house.

  5. Sign and date the letter. A formal signature from the donor validates the document, making it a legally binding testament of their intention to give the specified gift.

Things You Shouldn't Do

  1. Avoid providing false information. Not only is this unethical, but it can also lead to legal repercussions for both the donor and the recipient.

  2. Don't leave any fields blank. Incomplete information can lead to processing delays or even the rejection of the form, complicating the financial transaction it was meant to facilitate.

  3. Refrain from stating that the gift is a loan or indicating any terms of repayment. This contradicts the purpose of the letter and the nature of a gift.

  4. Avoid vague language. Clarity and preciseness in stating the gift, its purpose, and the relationship between the donor and recipient are vital.

  5. Don't forget to include contact information for follow-up. Both the donor and recipient should be easily reachable in case the lender or any involved party has questions.

Misconceptions

When it comes to financial gifts, especially significant ones towards large purchases like a home, understanding the nuance of the Gift Letter form is crucial. However, several misconceptions cloud its utility and requirements. Here are nine common misunderstandings:

  • It’s Just a Formality: Many believe the Gift Letter form is a mere formality and not legally binding. In reality, it's crucial for tax purposes and to satisfy mortgage lenders by clarifying the nature of the money transfer.

  • Any Format Will Do: There’s a misconception that a Gift Letter can be informal or in any format. However, specific information and a particular format are often required, especially by lenders to prove the gift isn't a loan.

  • Not Necessary for Small Gifts: Some people think Gift Letters are only for large sums. While it’s true that larger amounts are more scrutinized, any significant amount that contributes to a large purchase or investment, like a home, usually needs to be documented.

  • Only Parents Can Give: The belief that only parents can gift significant sums requiring a Gift Letter is incorrect. Anyone can give a financial gift, but lenders and tax authorities might require a Gift Letter to document the relationship and nature of the gift.

  • Taxes Are Always Applicable: There’s a widespread misconception that gifting money always incurs taxes for the giver or receiver. The truth is that gift taxes have annual and lifetime exclusions, and many gifts fall under these thresholds.

  • Gift Letters Preclude Repayment: Some think that if a Gift Letter is signed, it means the money cannot be repaid. While the letter does declare the funds as a gift, internal agreements between the parties could set terms for repayment, though this is not reflected in the document and could contradict its purpose from a legal standpoint.

  • A Verbal Agreement Suffices: It's a common belief that verbal agreements about gifts can stand in the place of a Gift Letter. For legal and tax reasons, a written document is typically required to confirm the gift's nature and to satisfy lenders or authorities.

  • It’s Only Between Family Members: The notion that Gift Letters are only necessary for transactions between family members is incorrect. Legally, a Gift Letter can document money given by any individual to another, regardless of their relationship.

  • Not Required for Mortgage Approval: Finally, some think Gift Letters are not crucial for mortgage approval processes. In fact, when part of a down payment is gifted, most lenders will require a Gift Letter to ensure that the gift does not need to be repaid, effectively assessing the applicant's true level of financial obligation.

Clearing up these misconceptions about the Gift Letter form not only helps in complying with legal and tax obligations but also smoothens the process of large financial transactions, such as purchasing a home.

Key takeaways

When addressing the use and filling out of a Gift Letter form, it's essential to understand its purpose and how to properly document the gift funds. Below are key takeaways to guide you through this process:

  • Identify the Donor and Recipient: Clearly state the names of the person giving the gift (donor) and the person receiving the gift (recipient). It's crucial for legal and financial documentation.
  • Specify the Relationship: Detail the relationship between the donor and the recipient to establish the legitimacy of the gift and its intent.
  • Amount of Gift: The exact amount of the gift must be provided. This helps in assessing any tax implications and fulfills documentation requirements for financial institutions.
  • Declare No Repayment Expected: The letter should clearly state that the gift does not need to be repaid. This is a key element to differentiate a gift from a loan.
  • Source of the Gift: Although not always required, detailing the source of the funds can be important for compliance with anti-money laundering laws and to satisfy lender's requirements.
  • Date of Transfer: Mentioning the date when the gift was or will be given adds to the document's preciseness and can be important for legal purposes.
  • Signatures: Both the donor and the recipient should sign the Gift Letter. This formalizes the agreement and is often required by financial institutions.
  • Financial Institution's Requirements: If the gift is intended to be used for a down payment or other financial purposes, it's essential to check with the relevant financial institution. They may have specific requirements or forms that need to be followed or included.
Please rate Gift Letter PDF Form Form
4.56
(Stellar)
16 Votes