My uncle plans to gift me a $25,000 check, will this cause me problems with the IRS since I'm self-employed? (2024)

Albuquerque, NM asked in Tax Law for New Mexico

Is there a smarter way to handle this? I know the bank will report this deposit to the IRS and I don't want it to intrigue the IRS or trigger and audit, but splitting this up into several checks would be considered "structuring" and that's illegal. What if my uncle sent the money directly to a couple of creditors to pay off a bill, would that be a better option?

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My uncle plans to gift me a $25,000 check, will this cause me problems with the IRS since I'm self-employed? (1)

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James L. Arrasmith My uncle plans to gift me a $25,000 check, will this cause me problems with the IRS since I'm self-employed? (2) Lawyers, want to be a Justia Connect Pro too? Learn more ›

Answered

  • Tax Law Lawyer
  • Sacramento, CA

A:Receiving a $25,000 check as a gift from your uncle shouldn't inherently cause problems with the IRS, especially since you're self-employed. The IRS allows individuals to give a gift of up to $16,000 per recipient per year without needing to report the gift. Since the amount exceeds this threshold, your uncle would be responsible for reporting the gift on a gift tax return (Form 709), not you. As the recipient, you're not required to report the gift as income, and it should not affect your taxes.

Depositing the check into your bank account is straightforward. The bank may report large deposits to the IRS as a matter of policy, but this is to prevent money laundering and not about taxing gifts. As long as the gift is documented properly by your uncle if required, there shouldn't be an issue. Attempting to split the amount into smaller checks to avoid reporting thresholds, as you mentioned, is considered structuring and is indeed illegal.

If your uncle pays off bills directly to your creditors, it still counts as a gift to you. The method of delivery—whether cash, check, or direct payment on your behalf—doesn't change its classification as a gift. However, directly paying off a bill could be a practical approach if it helps you manage your finances more effectively. Regardless of the method chosen, it's wise to keep clear records of the transaction in the unlikely event the IRS inquires for clarification.

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My uncle plans to gift me a $25,000 check, will this cause me problems with the IRS since I'm self-employed? (2024)

FAQs

How does gifting money affect my taxes? ›

Generally, the answer to “do I have to pay taxes on a gift?” is this: the person receiving a gift typically does not have to pay gift tax. The giver, however, will generally file a gift tax return when the gift exceeds the annual gift tax exclusion amount, which is $17,000 per recipient for 2023.

Does a gift check count as income? ›

Essentially, gifts are neither taxable nor deductible on your tax return.

What happens if a family member gives you money? ›

If you gift cash, generally there are no income tax consequences for the recipient, though there could be gift and estate tax implications to the donor. But if you give appreciated securities, the capital gains taxes can be significant. Also, note that the tax treatment varies widely depending on the recipient.

How much money can I receive as a gift without reporting to the IRS? ›

What is the 2024 gift tax limit? The gift tax limit (also known as the gift tax exclusion) increased to $18,000 this year, up from $17,000 in 2023. For married couples, the limit is $18,000 each, for a total of $36,000. This amount is the maximum you can give a single person without having to report it to the IRS.

How does IRS know if you gift money? ›

The primary way the IRS becomes aware of gifts is when you report them on form 709. You are required to report gifts to an individual over $17,000 on this form. This is how the IRS will generally become aware of a gift. However, form 709 is not the only way the IRS will know about a gift.

How to gift money to a family member? ›

Giving cash is the easiest and most straightforward way to accomplish gifting money to family members. You can write a check, wire money, transfer between bank accounts, or even give actual cash.

Do cash gifts from relatives count as income? ›

At the federal level, assets you receive as a gift are usually not taxable income. However, if the assets generate income in the future (for example, interest, dividends, or rent), such income will almost certainly be taxed.

Who pays the gift tax, the giver or the receiver? ›

The federal gift tax exists for one reason: to prevent citizens from avoiding the federal estate tax by giving away their money before they die. The gift tax is perhaps the most misunderstood of all taxes. When it comes into play, this tax is owed by the giver of the gift, not the recipient.

Do you have to declare gifted money? ›

You do not pay tax on a cash gift, but you may have to pay tax on any income that the cash gift generates.

What is the limit on gifting money to family members? ›

The basic gift tax exclusion or exemption is the amount you can give each year to one person and not worry about being taxed. The gift tax exclusion limit for 2023 was $17,000, and for 2024 it's $18,000. That means anything you give under that amount is not taxable and does not have to be reported to the IRS.

Can a relative give me money? ›

You can essentially give any amount of money you like as a gift to family members, friends or other individuals – as long as you do not benefit from that action in any way.

What happens if someone gifts you a lot of money? ›

If you're talking about the US, gifts are not taxable to the recipient, regardless of amount. The person who gives the gift could be taxed, however, but not until they've given something over $11 million in total, so most people don't have to worry about gift taxes.

Does gift money need to be reported? ›

If you receive a gift, you do not need to report it on your taxes. According to the IRS, a gift occurs when you give property (like money) without expecting anything in return. If you gift someone more than the annual gift tax exclusion amount ($17,000 in 2022), the giver must file Form 709 (a gift tax return).

Do I have to report an inheritance to the IRS? ›

In general, any inheritance you receive does not need to be reported to the IRS. You typically don't need to report inheritance money to the IRS because inheritances aren't considered taxable income by the federal government. That said, earnings made off of the inheritance may need to be reported.

Do you have to pay taxes on a check that someone writes you? ›

Money that you receive as a gift is not taxable income to you, and you do not need to report it on your income tax return. Money that you gave as a gift to someone else is not deductible for your taxes.

Can my parents give me $100,000? ›

Can my parents give me $100,000? Your parents can each give you up to $17,000 each in 2023 and it isn't taxed. However, any amount that exceeds that will need to be reported to the IRS by your parents and will count against their lifetime limit of $12.9 million.

What is the maximum money transfer without tax? ›

So long as the total market value of your gifts does not exceed $18,000 per recipient in a calendar year, the transfers are entirely gift tax-free. Remaining under the $18,000 per person annual threshold also avoids any gift tax filing requirement.

What to write when giving money as a gift? ›

What are some heartfelt messages to include with money for a special occasion? Consider phrases like “A gift to help you on your journey,” or “May this contribute to your dreams.” Tailor your message to the occasion and to your relationship with the recipient.

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