Free Gift Letter PDF Form Access Your Document Online

Free Gift Letter PDF Form

A Gift Letter form is a document that a donor uses to provide proof that money given to a homebuyer is indeed a gift and not a loan. This form is crucial in the mortgage application process, ensuring that the borrower is not secretly increasing their debt load, which could impact their ability to repay the mortgage. To simplify your homebuying journey, consider completing your Gift Letter form by clicking the button below.

In the process of securing a mortgage or any loan that involves a substantial sum of money, prospective buyers often receive financial support from family members or close friends. This generous act, intended to ease the financial burden or to contribute towards the down payment, necessitates the completion of a Gift Letter form. This document serves a critical function, providing lenders with a clear affirmation that the money given is not a loan but a gift, thereby eliminating any obligation of repayment. The Gift Letter form not only protects the lender by offering insight into the borrower’s financial situation but also safeguards the relationship between the donor and recipient by setting clear expectations. Ensuring that all parties understand the gift's nature and its implications on the borrower’s financial profile is paramount. As lenders scrutinize financial gifts to comply with legal and regulatory standards, the significance of this document cannot be overstated—making it a cornerstone of transparent and responsible financial assistance among loved ones.

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 Specs

Fact Name Description
Definition A Gift Letter is a written document that certifies a sum of money or item of value was given as a gift, stating clearly that it is not a loan and is not expected to be repaid.
Primary Use Often used in real estate transactions, it helps a buyer to qualify for a mortgage by verifying that the funds given for the down payment are indeed a gift and not an additional debt.
Key Components The letter should include the donor's name, relationship to the recipient, amount of the gift, date of the gift, and a statement that no repayment is expected.
Legal Considerations While not regulated by a specific federal law, gift letters should adhere to mortgage lender requirements and, in some cases, may need to follow state-specific guidelines regarding financial gifts.
State-Specific Laws Some states have specific documentation and taxation requirements for gifts that surpass certain monetary values. Always consult local laws to ensure compliance.

Gift Letter: Usage Guide

When someone decides to give a significant financial gift, especially for purposes like helping to buy a home, a Gift Letter form is a crucial document. This form, a formal statement from the donor to the lender, clarifies that the money given is indeed a gift and not a loan. Filling out this form accurately ensures that the recipient can use the funds without any obligation to repay. Therefore, it's vital to approach this task with care and clarity. Follow these steps to accurately fill out the Gift Letter form.

  1. Start by writing the date at the top of the form. This confirms when the gift was declared.
  2. Enter the donor's full name, address, and contact information. This identifies who is providing the gift.
  3. Include the recipient's full name, address, and contact information. This specifies who is receiving the gift.
  4. State the exact amount of the gift. Avoid any ambiguity about the sum being given.
  5. Clarify the purpose of the gift. For example, if the money is for helping to purchase a home, note it clearly.
  6. Assert that there is no expectation of repayment. It's essential to confirm that the gift is not a loan.
  7. If applicable, describe the relationship between the donor and recipient. This could be family, friend, or otherwise.
  8. Conclude by having the donor sign and date the form. The donor's signature authenticates the gift.

After the Gift Letter form is completed, it should be submitted alongside any required loan application documents. The lending institution may review the form to ensure compliance with their requirements. This step is critical for the recipient to demonstrate that the gift does not need to be repaid, which can affect the loan approval process. As each lender might have specific requirements, always check with the institution or a professional advisor to ensure the letter meets all necessary criteria.

Frequently Asked Questions

  1. What is a Gift Letter form?

    A Gift Letter form is a document that provides proof that money received from a friend or family member is actually a gift and not a loan. This letter is crucial when you're applying for a mortgage, as lenders want to ensure that the gift does not have to be repaid. In the letter, the donor specifies the amount of the gift, the relationship to the recipient, and clearly states that no repayment is expected or required.

  2. Why do I need a Gift Letter?

    When applying for a mortgage, underwriters need to determine your ability to repay the loan. Part of this process involves verifying the sources of your down payment. A Gift Letter is needed to confirm that funds given by a relative or friend are genuinely a gift, thus not increasing your debt obligations.

  3. Who can give a gift?

    Typically, a gift can be given by a family member, such as a parent, grandparent, sibling, or spouse. However, some lenders may also allow gifts from fiancés, domestic partners, or even close friends, as long as the relationship is clearly documented and the lender approves.

  4. Is there a limit to how much can be gifted?

    There isn't a universal limit to how much can be gifted for mortgage purposes, but lenders and the IRS have guidelines. For tax purposes, the IRS has an annual gift tax exclusion amount ($15,000 in 2022 per recipient). Gifts exceeding this amount may require the donor to file a gift tax return. Mortgage lenders might also have limits on how much of your down payment can come from a gift, so it's important to check with them directly.

  5. What information needs to be included in the Gift Letter?

    • The donor’s name, address, and phone number
    • The donor’s relationship to the recipient
    • The gift amount
    • A statement that the gift is not a loan and does not need to be repaid
    • The recipient’s name and the purpose of the gift (e.g., down payment on a house)
    • The date of the gift
    • Both the donor's and recipient's signatures
  6. Does the donor need to provide proof of funds?

    Yes, in many cases, lenders will require the donor to show proof of the gift's source by providing a bank statement. This is to ensure the funds are coming from the donor's personal account and are not an additional loan.

  7. Can a Gift Letter be used for anything other than mortgage applications?

    While Gift Letters are primarily used in the context of home buying, they can sometimes be utilized for other significant financial transactions that require proof of funds. However, the primary purpose remains in mortgage lending to verify that the gift will not be a future liability on the borrower.

  8. What happens if I don’t use a Gift Letter for a monetary gift?

    Without a Gift Letter, the lender may consider the gifted money as a loan, which could affect your debt-to-income ratio and potentially your eligibility for the mortgage. The lender needs to ascertain that no repayment is expected on the gifted funds to accurately assess your financial situation.

  9. Where can I get a Gift Letter form?

    Many lenders have their own specific Gift Letter forms that they prefer you use. However, generic templates are also available online. It's important to ensure that any form used meets your lender's requirements. Consulting with your mortgage advisor is a good first step to obtaining the correct form.

Common mistakes

  1. Not specifying the relationship between the donor and the recipient can often lead to confusion or delays in processing. For clarity and to expedite the process, detailing how the donor is connected to the recipient — whether they're a parent, sibling, or close family friend — is imperative. This specificity helps in understanding the nature of the gift and in confirming its legitimacy.

  2. Failing to clearly state that the funds are a gift and not a loan is another common mistake. It's crucial for the document to explicitly mention that the recipient is not expected to repay the amount. Including a simple statement to this effect can prevent any misunderstandings about the nature of the support being provided, ensuring that all parties are on the same page.

  3. Omitting the exact amount of the gift can cause significant delays. For the purposes of documentation and taxation, stating the specific amount being gifted in clear, unambiguous terms is vital. This information assists in the accurate processing of the gift and helps in maintaining transparency between all involved parties.

  4. Not including the donor's contact information, such as address and phone number, can complicate the verification process. Lenders or involved parties often need to contact the donor to confirm the gift's authenticity. Providing complete contact details facilitates efficient communication, helping to streamline the transaction.

Documents used along the form

When engaging in the process of gifting funds, especially in transactions like helping a family member purchase a home, a Gift Letter form becomes a crucial document. However, it doesn't stand alone. Several other forms and documents often accompany it to ensure the process is smooth and compliant with legal and financial regulations. Understanding these additional forms helps illuminate the broader context and requirements, ensuring all parties are well-informed and prepared.

  • Promissory Note: This document is significant when the gift is intended as a loan rather than an outright gift. It outlines the terms for repayment, including the loan amount, interest rate (if any), and the schedule. This clarity is vital for both parties to recognize and uphold their obligations.
  • Mortgage Application Form: In scenarios where funds are gifted to help purchase real estate, the recipient will likely need to submit a mortgage application. The Gift Letter accompanies this form to explain the source of the down payment, assuring lenders that the funds are a gift and not an undisclosed loan.
  • Bank Statements: Often, both the giver and the receiver of the gift need to provide recent bank statements. These serve to verify the transfer of funds and confirm the financial ability of the giver. It's a step taken by financial institutions to prevent fraud and money laundering.
  • Tax Return Forms: Depending on the amount of the gift, the donor might have to file specific tax return forms, such as the IRS Form 709 for the United States. Such forms are crucial for documenting gifts that exceed the annual exclusion limit, ensuring compliance with tax regulations.
  • Affidavit of No Lien: Especially relevant in real estate transactions, this document declares that the gifted funds are free of any liens or encumbrances. It provides additional assurance to lenders that there's no undisclosed debt that could affect the property's title.

These documents collectively establish a clear financial picture and legal standing for all involved parties. They serve not just to facilitate the immediate transaction but to safeguard against potential disputes or misunderstandings. When dealing with significant amounts of money, whether among family members or in a business context, ensuring all necessary documentation is properly handled is not just prudent; it's essential.

Similar forms

  • A Promissory Note: This document is akin to a Gift Letter as it outlines an agreement related to money between two parties. While a Gift Letter confirms that funds are given without the expectation of repayment, a Promissory Note outlines the terms under which money will be repaid. Both documents legally record transactions between individuals and set clear expectations but differ in the obligation of repayment.

  • An Affidavit of Gift: Very similar in nature to a Gift Letter, an Affidavit of Gift serves a parallel purpose in documenting the transfer of property or goods from one individual to another without payment. This affidavit, often used in transferring titles of vehicles or real estate between family members, includes details about the donor and recipient, much like the Gift Letter, but is sworn before a notary, making it a formal sworn statement.

  • A Loan Agreement: This document outlines the terms under which one party lends money to another, including repayment schedule, interest rates, and collateral, if applicable. Similar to a Gift Letter, a Loan Agreement records the particulars of a financial transaction between two parties. The major distinction is the expectation of repayment with interest in a Loan Agreement, which is not present in a Gift Letter.

  • A Donation Receipt: Used by organizations to acknowledge receipt of charitable donations, this document shares similarities with the Gift Letter by recording a transfer of assets. However, whereas the Gift Letter confirms the absence of an obligation to repay, a Donation Receipt is used for tax deduction purposes by the donor, highlighting the non-commercial transaction.

  • A Quitclaim Deed: This legal instrument is used to transfer interest in real estate from one party to another without any warranty on the title's clarity. Similar to a Gift Letter, which declares the gifting of funds without expectation of repayment, a Quitclaim Deed facilitates the transfer of property rights as a form of gift, often among family members. The primary focus is on the transfer of rights or assets, albeit the Quitclaim Deed is specifically for real estate.

Dos and Don'ts

When filling out the Gift Letter form, it's important to pay attention to detail to ensure the process goes smoothly. Below, find key dos and don'ts to help guide you through completing this document.

Dos:

  1. Verify the lender's requirements. Different lenders can have varying formats or information that they require on a Gift Letter. Always check with the lender first to ensure compliance.
  2. Include all necessary information. Typically, a Gift Letter should state the amount of the gift, the relationship between the giver and the recipient, and a clear statement that the money is a gift and not a loan.
  3. Ensure the donor signs the letter. A signature from the donor is crucial as it validates the letter's authenticity and agreement to its terms.
  4. Provide contact details for both the donor and recipient. This helps the lender verify the information if necessary.
  5. Keep a copy of the completed form. After submitting the Gift Letter to the lender, it's wise to keep a copy for your records should any disputes or clarifications arise later.

Don'ts:

  • Don't leave blanks. All fields in the Gift Letter should be completed to avoid delays or questions from the lender.
  • Don't forget the declaration that no repayment is expected. The essence of the Gift Letter is to clarify that the funds are not a loan. Omitting this could complicate the mortgage application.
  • Don't falsify details. Accurate information is crucial for the legitimacy of the document and to avoid legal repercussions.
  • Don't hesitate to seek clarification. If you're unsure about any part of the letter or what's required, it's better to ask questions than make assumptions.
  • Don't neglect to review the letter before submitting. A quick review can catch any errors or omissions, ensuring the information presented is correct and complete.

Misconceptions

Many people have misunderstandings about the purpose and requirements of a Gift Letter form. Below are ten common misconceptions explained to help clarify the function and importance of this document.

  1. Only family members can give gifts. A common misconception is that gift letters are only valid when the gift giver is a family member. In reality, anyone can give a gift as long as the relationship is clearly stated, and the intent behind the gift is documented.

  2. The gift must be repaid. Some believe that the amount specified in a gift letter needs to be repaid. The essence of a gift letter is to declare that the funds are a gift with no expectation of repayment.

  3. A Gift Letter needs to be notarized. It's often thought that for a gift letter to be valid, it must be notarized. While notarization can provide an additional layer of validation, it is not a universal requirement for gift letters.

  4. Gift Letters are only for large amounts. There's a misconception that gift letters are only necessary for large financial gifts. In fact, lenders may require a gift letter for any amount that they consider significant for the transaction in question.

  5. Gift Letters are only used in real estate transactions. While commonly used in real estate transactions, especially during the mortgage application process, gift letters can also be used in other contexts where the transfer of funds as a gift needs to be documented.

  6. The gift must be in cash. Many people think that only cash gifts require a gift letter. However, gifts can also be made in other forms, such as paying off a debt or transferring property ownership, which still need to be documented through a gift letter.

  7. There is a standard, one-size-fits-all template. Another misconception is that all gift letters must follow a standard template. While there are common elements in most gift letters, requirements can vary by lender or legal jurisdiction.

  8. Gift Letters can be handwritten. While a handwritten gift letter can be a personal touch, many institutions require the letter to be typed to ensure legibility and to meet certain formal requirements.

  9. Gift Letters are only for monetary gifts. This is related to the misconception that the gift must be in cash. In reality, any type of gift that contributes to the recipient's financial well-being, like stocks or real estate, should be accompanied by a gift letter.

  10. Filing taxes for gifts is the responsibility of the giver. Many people believe that handling the tax implications of a gift is solely the giver's responsibility. While it's true that the giver often has to file gift taxes, the recipient might also have responsibilities, depending on the gift's nature and value. It’s important for both parties to consult a tax advisor.

Key takeaways

When managing the process of securing or giving a financial gift, especially in contexts like property purchase, a Gift Letter form serves as a critical document that formalizes the transfer of funds from a donor to a recipient. Here are key takeaways to guide you through filling out and using this important document:

  • Clear Identification: It’s essential to properly identify both the donor and the recipient by full names and relationship. This clarity helps in avoiding any potential confusion or legal issues.
  • Specify the Gift Amount: The exact amount of money gifted should be clearly stated. This detail is crucial for financial records and for the recipient's lender or financial institution's requirements.
  • Source of the Gift: Indicate the donor's source of the funds. This information is important as it assures the recipient's financial institution that the funds are legitimate.
  • No Repayment Expected: The letter must explicitly state that the gift does not need to be repaid. This distinguishes a gift from a loan and affects the recipient’s debt-to-income ratio.
  • Include Relevant Dates: The date of the gift transfer should be recorded in the letter. Timelines can be crucial, particularly for financial transactions relating to real estate purchases.
  • Contact Information: Providing contact details for both the donor and recipient is recommended. This ensures both parties are reachable for any clarifications or further documentation.
  • Properly Sign the Document: The letter must be signed by the donor to validate its authenticity. A witness or notarization, while not always required, may add an additional layer of verification.
  • Keep Copies: Both the donor and the recipient should keep copies of the signed letter. These copies can serve as proof of the gift for tax purposes or during the recipient’s lending process.
  • Consult Professional Advice: For transactions involving significant sums or complex situations, seeking advice from a legal or financial professional is prudent. They can offer guidance tailored to your specific circumstances.

Adhering to these points ensures a smooth, transparent process and helps in fulfilling both legal obligations and financial institution requirements. The Gift Letter form is not just a formality; it is a vital document that safeguards the interests of both the donor and the recipient.

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