Consummation of Gift

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  • Golden Rocket
    Senior Member
    • Jul 2007
    • 519

    #1

    Consummation of Gift

    Momma has large savings account (several hundred thousand $$) and four children. One of them, a daughter, lives close by and tends to her mother, who is in failing health.

    In 1996, Momma adds her daughter's name to the savings account. In 2002, the account is still carried jointly, but the SS# on the account is changed to the daughter's SS#. From that point forward, daughter reports interest on her taxes.

    Daughter has never touched the principle. Title laws in her state are clear that ownership of the funds never change hands until daughter invades the principle. (As a footnote, I'm not aware of any state where this is not the case)

    Daughter and husband could have been gifted $20,000 annually beginning in 1996, and up to $24,000 in later years. Had this been done, over half of the money could have been transferred by now. Is it possible to claim gift treatment for gift tax purposes, even though the gift is not consummated under title laws?

    There are many cases where tax laws for estates and gifts differ from the ownership laws of the state. I'm hoping this is one of them.

    The situation gets more attention in 2007, because the mother dies, and the daughter has never touched any of the money. If the gift could never be consummated for tax purposes, then all of the money is in mother's estate, and the siblings can possible lay claim to it.

    In case my question wasn't clear: Is it possible for gift tax treatment to differ from state ownership laws in terms of transfer of property?
  • erchess
    Senior Member
    • Jan 2007
    • 3513

    #2
    hmmm

    GR I have no idea whether a living person can file a gift tax return late, but surely no one can file it for her after her death. If it were legal it would be commonly done and everyone on this board would know about the possibility. It is a shame that no one told the daughter to remove a dollar of principal even if she set aside an amount equal to the withdrawal to have in case Mom ever needed it.

    Comment

    • Golden Rocket
      Senior Member
      • Jul 2007
      • 519

      #3
      No filing required

      Erchess, if the large sum were piecemeal gifted at a rate of $20,000/year or $24,000, this would be below the threshhold for filing a gift tax return.

      Comment

      • Kram BergGold
        Senior Member
        • Jun 2006
        • 2112

        #4
        Daughter should see a lawyer

        Your questions are of a legal not a tax nature. The daughter needs to see a lawyer.

        Comment

        • joanmcq
          Senior Member
          • Jun 2007
          • 1729

          #5
          Lawyer is definitely necessary. Also, what does the will say? Is daughter supposed to have inherited the whole account or was it to be split amongst all the siblings? The same situation occurred with my sister and I; we were put on my father's account to pay his bills, but there was no question that the remainder was to be split equally with our two brothers after my dad's death.

          And just to make sure it was clean, we wrote checks to the brothers in two different years just to make sure any gift tax implications were met with.

          Comment

          • erchess
            Senior Member
            • Jan 2007
            • 3513

            #6
            Gift Threshold

            Originally posted by Golden Rocket
            Erchess, if the large sum were piecemeal gifted at a rate of $20,000/year or $24,000, this would be below the threshhold for filing a gift tax return.
            I thought that going back to the 90s the threshold was 10K per year. It's a good thing I have never filed a gift tax return.

            Comment

            • Larmil
              Senior Member
              • Dec 2006
              • 621

              #7
              Originally posted by erchess
              I thought that going back to the 90s the threshold was 10K per year. It's a good thing I have never filed a gift tax return.
              I can remember when it was $3,000 per year.

              Comment

              • joanmcq
                Senior Member
                • Jun 2007
                • 1729

                #8
                The $20,000/$24,000 would be for a couple. GR probably meant $10,000-$12,000.

                Wish dad had done more of that; PA has an inheritance tax....

                Comment

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