Gifted equity requirements The letter should be signed by the buyer and the seller. Funds must also be properly documented through financial records. So, be prepared to provide copies of your recent bank statements, your donor's recent bank statements, and copies of cashier's checks.
Downsides to a Gift of Equity Yet they should additionally be aware that a gift of equity could trigger the gift tax if it exceeds the annual gift tax exclusion amount. (As of 2024, you are allowed to gift up to $18,000 per individual, or $36,000 per married couple.)
Contributing funds toward a home can be a big help for your child, as long as you document the gift correctly. Gift $18,000 or less to avoid the federal gift tax – or read up on the "five-year rule".
For example, if you own a home worth $300,000 and sell it to a family member for $200,000, they've received a gift of equity of $100,000. A gift of equity can occur if a home is given away for no compensation or if a discount is offered on its value.
The seller must obtain an official home appraisal to ascertain fair market value and also sign a gift letter that describes the buyer-seller relationship and states that the equity is a gift the buyer is not obligated to repay. The buyer must follow the typical process for buying a home.
Gifts of equity, like other gifts, aren't taxable to the recipient. The seller might have to file a gift return. They're allowed to give $15,000 per person each year without having to file a gift return. So, if the gift of equity they gave you is less than $30,000, they don't have to file the return.