Question:

I’m planning to give my daughter the money she needs for the down payment on her new house. What I would like to know is the formality of giving the gift of $100,000. Do I just give my daughter the check or do I need to have some kind of document created by a lawyer in addition to the check?

Response:

All you need to do is write the check. Technically, you’re also supposed to file a gift tax return with the IRS when you file your income tax return for the year. This is because the gift you’re contemplating exceeds the $16,000 annual gift tax exclusion. However, no one will come after you if you don’t do so unless you’re in the rare position of having an estate exceeding $12.06 million, the threshold (in 2022) for estate and gift taxation.

Also, your daughter will not have to report the gift on her own income tax return because gifts are not considered to be income.

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Can a Massachusetts Resident Avoid Estate Taxes by Making Gifts to Get Below the $1 Million Threshold?

So, You’re Only Allowed to Give Away $15,000 a Year to Each Recipient, Right?

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