At minimum, a gift letter should include: The giver's name and relationship to the borrower. The dollar amount of the gifted funds. The source of the gifted funds, such as an account number and statements.
Just like wills, there is generally no requirement that a contract be notarized in order to be legally binding. However, if a party who signed a business agreement decides to dispute that agreement in court, a notarized contract can help a great deal.
They are legally binding — While giving a family member a financial gift may not feel like a big deal to some people, gift letters are not only a formality. They are a legally binding document that both parties must sign.
Your lender may provide you with a gift letter template. If that's the case, you can simply pass it along to the gift giver and have them fill it out. If the lender doesn't provide you with a gift letter template, be sure to verify the gift letter requirements.
Most mortgage providers will have a template that you can follow, but in general, your gift letter should include: The donor's name, address and phone number. The donor's relationship to the client. The dollar amount of the gift. The date when the funds were (or will be) transferred.
Gifts to a spouse are not reported on a tax return, regardless of the amount gifted. Generally gifts to a spouse are not subject to the requirement to file a Form 709. What you have described is not an exception so there would be no reporting of the gift on a form 709.
The gift letter must: specify the actual or the maximum dollar amount of the gift; include the donor's statement that no repayment is expected; and. indicate the donor's name, address, telephone number, and relationship to the borrower.