Get Gift Letter Form

Get Gift Letter Form

A Gift Letter form is a document used to declare a monetary donation given to an individual without any expectation of repayment. This form is often required by lenders when someone plans to use a financial gift toward a home purchase or other significant expenses. To ensure clarity and avoid any future misunderstandings, filling out this form correctly is crucial.

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Outline

When navigating the complex processes of mortgage applications and real estate transactions, understanding the Gift Letter form is crucial for many individuals receiving financial assistance from family or friends. This form serves as an official communication that clarifies the nature of the financial gift, indicating that the funds given are not a loan and do not need to be repaid. Typically, the Gift Letter must outline key details such as the amount of money being gifted, the relationship between the donor and the recipient, and the donor's affirmation that the funds are a gift. Additionally, lenders often require the donor's signature to verify authenticity and to ensure compliance with lending guidelines. Failure to provide a properly completed Gift Letter can lead to delays in loan approvals, which could jeopardize the overall purchasing process. Gathering the correct information and ensuring that the form is filled out accurately will help facilitate a smoother transaction, providing peace of mind during this significant financial endeavor.

Gift Letter Preview

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)

Document Data

Fact Name Description
Definition A gift letter is a document that confirms a monetary gift, typically used in real estate transactions, to assure lenders that the funds are not a loan requiring repayment.
Parties Involved The gift letter usually involves three parties: the donor (who gives the gift), the recipient (who receives the gift), and the lender (who requires documentation).
Purpose The primary purpose is to affirm that the funds are a gift, helping to ensure compliance with underwriting requirements and providing proof for the mortgage process.
Governing Law In the United States, the specific requirements for gift letters can vary by state. For example, California’s Civil Code § 1624 outlines the requirements for contracts, including gift agreements.
Required Information A valid gift letter generally includes the donor's name, the recipient's name, the gift amount, the relationship between the parties, and a statement that the funds do not need to be repaid.
Format Gift letters may be written in various formats, but they should be signed by the donor. Many lenders provide a template to ensure all necessary information is included.
Tax Implications While gift amounts up to a certain limit do not incur gift tax, it's essential for donors to be aware of the annual exclusion limit set by the IRS, which is $17,000 for 2023.

How to Use Gift Letter

After you have gathered all necessary details, you can start filling out the Gift Letter form. Ensure that all information is accurate to avoid any delays in processing. Follow these steps to complete the form correctly.

  1. Begin with the date. Write the current date at the top of the form.
  2. Next, include the name of the donor. This should be the person giving the gift.
  3. Provide the donor's address. Ensure that the address is complete and accurate.
  4. List the recipient's name. This is the person who will receive the gift.
  5. Add the recipient's address. Like the donor, this should be complete and correct.
  6. Describe the gift. Be specific about the type of gift and its value.
  7. Include a statement indicating that the gift is not a loan. This clarifies the nature of the gift.
  8. Finally, have both the donor and the recipient sign the form. Signatures are essential for validation.

Key Facts about Gift Letter

What is a Gift Letter form?

A Gift Letter form is a document that a donor uses to confirm that money or property has been given as a gift to the recipient. It outlines the details of the gift, including the amount, the donor's name, and a statement affirming that the recipient is not required to pay back the funds. This form is often used in real estate transactions, especially when the recipient is using gifted money for a down payment.

Who needs to complete a Gift Letter form?

Typically, both the donor and the recipient should complete the Gift Letter form. The donor, who provides the funds, needs to confirm the nature of the gift, while the recipient must provide the necessary information to connect the gift to their financial records. Lenders often require this form during the mortgage approval process to ensure that the funds are indeed a gift and not a loan.

What details are typically included in a Gift Letter form?

The Gift Letter form usually includes the following information: the names and addresses of both the donor and the recipient, the amount of the gift, the relationship between the two parties, and a statement indicating that the funds are a gift with no expectation of repayment. Some forms may also require the donor's signature and the date the gift was made.

Is a Gift Letter form legally binding?

While a Gift Letter form is not a legally binding contract like other formal agreements, it serves as a declaration that the funds are intended as a gift. This means it holds considerable weight in the eyes of lenders and can prevent misunderstandings regarding repayment. However, it’s always a good idea for both parties to keep a copy for their records.

Can the Gift Letter form be used for gifts other than money?

Yes, while the form is most commonly associated with monetary gifts, it can also be adapted for gifts of property or other valuables. If a donor gives an item of significant value, such as real estate or collectibles, they should detail that information clearly in the Gift Letter. Providing comprehensive details ensures transparency and assists in any relevant financial assessments.

Common mistakes

When filling out a Gift Letter form, individuals often overlook important details, which can lead to delays or complications in processing. One common mistake is failing to provide accurate information about the donor. The form should include the donor's full name, address, and relationship to the recipient. Incomplete or incorrect details may raise red flags during the verification process, causing unnecessary complications.

Another frequent error is neglecting to specify the gift amount clearly. It is vital to state the precise monetary value of the gift to ensure transparency. Writing a vague description, such as “a generous gift,” can create confusion or suspicion. Clearly stating the amount reassures financial institutions and makes the transaction smoother.

Many people also forget to include the donor's signature. A Gift Letter is not just a casual note; it serves as a formal declaration of the transfer of funds. Without the donor's signature, the document is incomplete and may not be accepted by lenders or other parties involved. Ensuring that the form is signed can prevent potential disputes later.

Lastly, individuals often neglect to date the letter. Including a date when the gift was made or when the letter was signed adds legitimacy and clarity to the document. This timestamp can be crucial, especially if there are questions about when the gift was provided. By addressing these common mistakes, one can enhance the effectiveness and acceptance of the Gift Letter.

Documents used along the form

When navigating the process of gifting funds, several other forms and documents may be required in addition to the Gift Letter. Each of these documents serves a distinct purpose, ensuring that all parties involved understand the nature of the transaction and meet any necessary legal or financial obligations. Below is a list of these documents.

  • Financial Disclosure Form: This document provides a detailed overview of the donor’s financial situation, helping to clarify that the gift will not adversely affect the donor’s financial stability.
  • Gift Tax Return (Form 709): If the gift exceeds a certain value, the donor may need to file this tax return to report the gift to the IRS, ensuring compliance with tax regulations.
  • Statement of Provenance: This document outlines the source of the gifted funds, offering assurance that the money comes from legal and legitimate sources.
  • Bank Statements: Recent bank statements from the donor can help verify the availability of funds, confirming that the gift is feasible without straining the donor's finances.
  • Letter of Intent: This letter might express the donor's intent regarding the use of the funds. It can clarify whether the gift is for a specific purpose, like education or a home purchase.
  • Affidavit of Gift: This sworn statement by the donor can provide an additional layer of assurance, stating that the funds are a true gift and not a loan, which can help prevent future disputes.
  • Title Transfer Documents: If the gift involves property, these documents are necessary to legally transfer ownership, ensuring the recipient is recognized as the new owner.
  • Transaction Receipts: Documenting the actual transfer of funds, these receipts provide evidence of the transaction, which can be important for both the donor and recipient’s records.

Collectively, these documents help create a transparent and smooth process for gifting funds. By ensuring that all necessary paperwork is in order, both donors and recipients can enter into this financial arrangement with confidence and peace of mind.

Similar forms

  • Affidavit of Support: This document shows that a sponsor will provide financial support to another person. It details income and resources, similar to how a Gift Letter outlines financial assistance from a donor.

  • Income Verification Letter: Like a Gift Letter, this letter confirms the financial capacity of an individual. It usually states the amount of income being received and can be used to support loan applications.

  • Bank Statement: A bank statement provides proof of financial resources. While a Gift Letter addresses the intent to gift funds, a bank statement verifies the availability of those funds.

  • Loan Application Form: This form requires disclosure of all financial assets, including gifts. It serves as a counterpart to the Gift Letter by gathering comprehensive financial information for lenders.

  • Financial Aid Form: Similar to a Gift Letter, this form assesses financial need for educational assistance. It includes information about support received, including gifts from family or friends.

  • Promissory Note: A Promissory Note documents a loan or promise to pay back a debt. While a Gift Letter indicates a gift without repayment, both documents outline the flow of funds between parties.

Dos and Don'ts

When filling out a Gift Letter form, there are important guidelines to follow. Keeping these tips in mind will help ensure that the form is completed accurately and effectively.

  • Do: Clearly state the purpose of the gift. Make it evident that the funds are a gift and not a loan.
  • Do: Include both the giver's and recipient's full names and addresses. This information is crucial for clarity.
  • Do: Date the letter. A current date adds validity to the document.
  • Do: Sign the letter. A signature from the giver confirms their intent.
  • Don't: Leave out crucial details. Omitting information can lead to misunderstandings later.
  • Don't: Use vague language. Be specific about the amount and the nature of the gift.
  • Don't: Forget to consult with a tax professional if needed. Clarifying the tax implications can save headaches in the future.
  • Don't: Use informal language. Maintain a formal tone to ensure the document's credibility.

Misconceptions

The Gift Letter form is often misunderstood. Below are five common misconceptions regarding this document.

  1. Gift letters are only necessary for large amounts of money.

    Many believe that only significant gifts require a formal letter. In reality, any monetary gift that impacts a financial transaction, such as a home purchase, may need documentation.

  2. The lender does not care about the source of funds.

    This is a misconception. Lenders are required to verify the source of funds. A gift letter provides assurance that the funds are indeed a gift and not a loan that needs repayment.

  3. Gift letters are only for family members.

    While common among relatives, gift letters can be applicable to friends or other individuals. The critical factor is the nature of the funds as a gift, regardless of the giver's relationship to the recipient.

  4. A handwritten gift letter suffices.

    Some individuals think that a simple handwritten note is acceptable. Lenders typically require a standardized gift letter template that includes specific information to meet their requirements.

  5. The gift letter does not need to be signed.

    This is inaccurate. A legitimate gift letter requires the signature of the giver to confirm the authenticity of the gift. This also provides a record for the lender.

Key takeaways

Filling out a Gift Letter form properly is essential for ensuring that both the giver and receiver are protected and their intentions are clear. Here are some key takeaways:

  • The form must clearly identify the donor and recipient, including full names and addresses, to establish a legitimate gift transaction.
  • It is important to specify the amount being gifted. This helps in maintaining transparency and prevents any misunderstandings regarding the gift.
  • The letter should include a statement confirming that the gift does not need to be paid back. This protects the recipient and clarifies the intention of the transaction.
  • Donors must sign and date the form. A signature is necessary to validate the document and confirm the giver's consent.