the trustee
When a donor makes a gift in trust, the donee is typically the beneficiary of that trust. This is the individual or entity designated to receive the benefits or assets held within the trust according to the terms set by the donor. In some cases, the donor may also serve as the donee if they retain certain rights or benefits from the trust during their lifetime.
A donee is the person or entity to which a thing is given. A donor is the person or entity who gives it.
An individual may give up to $12,000 per year per donee without gift tax consequences. A married couple may double that amount through "gift-splitting". It makes no difference whether the gifts are placed in a 529 plan or given directly to the donee. However, some states have tax deductions for contributions to their 529 plans. It might be to the benefit of the donee, or the donee's parents, to have the gift go to them first, then they can make their own tax-deductible contribution. Of course, if the state permits the donor to take the deduction for the contribution, the donor could put the funds directly into the 529 plan. There are no tax consequences to the donee of a gift. I recommend this proposal be discussed with a CPA before you act on it.
Property gift deed done & registered in 2007 by hiding to other legal heirs of joint family & joint mess and without delivery of possession. Doner expired in 2009. First knowledge came in 2011 and it is found that the due stamp duty was paid by the donee after 9 months of expiry of donor. Is this gift deed valid and how can we fight against this fraudulant deed ?
My friend is a gift to me, she is always there for me and makes an effort, i can trust her and enjoy her company, to me she is better than a gift, regardless she is a gift from God (in my interpretation)
$13,000 per person per donee. Unlimited amounts to spouses.
No. If any gift tax is due, it is the responsibility of the donor. However, in extreme cases, the IRS may try to claim the gift if the donor fails to pay tax.
A testamentary trust is a trust that is set forth in a will.
The issue would be with the Gift Tax. However, there is a federal gift tax annual exclusion and a lifetime amount. Parents can transfer substantial amounts free of gift taxes to their children or other donees through the proper use of this exclusion. The statutory exclusion amount ($10,000) is adjusted for inflation annually, using 1997 as the base year. The amount of the exclusion for 2007 is $12,000. The exclusion covers gifts an individual makes to each donee each year. Thus, a taxpayer with three children can transfer a total of $36,000 to them every year free of federal gift taxes. If the only gifts made during a year are excluded in this fashion, there is no need to file a federal gift tax return. If annual gifts exceed $12,000, the exclusion covers the first $12,000 and only the excess is taxable. Further, even taxable gifts may result in no gift tax liability thanks to the unified credit (below). Gift-splitting by married taxpayers. If the donor of the gift is married, gifts to donees made during a year can be treated as split between the husband and wife, even if the cash or gift property is actually given to a donee by only one of them. By gift-splitting, therefore, up to $24,000 a year can be transferred to each donee by a married couple because their two annual exclusions are available. Thus, for example, a married couple with three married children can transfer a total of $144,000 each year to their children and the children's spouses ($24,000 for each of six donees). Where gift-splitting is involved, both spouses must consent to it. Consent should be indicated on the gift tax return (or returns) the spouses file. IRS prefers that both spouses indicate their consent on each return filed. (Because more than $12,000 is being transferred by a spouse, a gift tax return (or returns) will have to be filed, even if the $24,000 exclusion covers total gifts. The “present interest” requirement. For a gift to qualify for the annual exclusion, it must be a gift of a “present interest.” That is, the donee's enjoyment of the gift can't be postponed into the future. For example, if you put cash into a trust and provide that donee A is to receive the income from it while he's alive and donee B is to receive the principal at A's death, B's interest is a “future interest.” “Unified” credit for taxable gifts. Even gifts that are not covered by the exclusion, and that are thus taxable, may not result in a tax liability. This is so because a tax credit wipes out the federal gift tax liability on the first taxable gifts made in your lifetime, up to $1 million. However, to the extent you use this credit against a gift tax liability, it reduces (or eliminates) the credit available for use against the federal estate tax at givors death.
There will be an age at which it can be nothing other than a gift, so no tax would be applicable. However, if you're over 18 and it represents more than pocket money then you should technically declare it as income and pay tax accordingly. Then of course there's inheritance tax. Anyone is allowed to gift up to $12,000 per person per year without the need for it to be declared as income. Presuming it is a true gift, without a business purpose, etc.: Not taxable to you. However, he may have to pay a gift tax. As it is done while he is living, there is no inheritance tax considerations, other than basic inheritance tax planning is to have the party gift amounts sufficent to reduce the potential estate below the estate tax threshold (1 mill), while alive, to avoide any estate/inheritance tax. Gifts are not included in the recipient's income. An excludable gift is a voluntary transfer of property from one person to another, without any consideration or compensation, that proceeds from a detached and disinterested generosity, out of affection, respect, admiration, charity or like impulses. Although a gift for tax purposes may differ from a common-law gift,in most situations the requirements are the same. The common law requirements for a gift include the following: l a competent donor; l a donee capable of accepting the gift; l a clear intention of the donor to divest title to and dominion and control of the property absolutely and irrevocably; l donative intent, as opposed to business or investment motives; l an actual irrevocable transfer of the legal title to and dominion and control of the property to the donee l delivery of the property to the donee; and l acceptance by the donee. The gift tax applies to the transfer of property by gift, whether the gift is direct or indirect, and whether the transfer is in trust or otherwise. The property transferred may be real, personal, tangible, or intangible. The donor makes a gift to the extent that the value of the property transferred exceeds the consideration (that is, any property or services received in return for the transfer The first $12,000 of gifts (to remain the same for 2007) of a present interest made by a donor during the 2006 calendar year to each donee are not included in the total amount of the donor's taxable gifts during that year ( Code Sec. 2503(b)). Therefore, these amounts are neither taxed nor do they use up any of the donor's lifetime gift tax applicable credit amount. Also, spouses who consent to split their gifts may transfer a total of $24,000 per donee in 2006 (to remain the same for 2007) free of gift and generation-skipping transfer tax ( Code Sec. 2513(a)).
At the most basic level, the difference between a gift inter vivos and a gift causa mortis is apparent from the latin phrases' meanings:inter vivos - during lifecausa mortis - (literally) cause of death; (as used here) in contemplation of deathA gift inter vivos is a gift made during the donor's life. And a gift causa mortis is a gift made (presumably) near the end of the donor's life while the donor anticipates/fears his or her own imminent death.To be a valid gift, the two types have different requirements.A valid gift inter vivos requires:the intent of the donor immediately to pass title (not necessarily possession) to the donee;effective delivery of the property to the donee, which may be actual/physical delivery (e.g., handing over a watch); constructive delivery (e.g., giving the donee the combination to a safe that would be too impractical to physically hand over); or symbolic delivery (giving the donee the key to your Mercedes, or a piece of paper saying that you give the donee title to your art collection which is currently on loan to a local museum);the donee's acceptance (this is normally implied by silence, and will only be negated by express rejection).Importantly, once all three requirements are met, a valid gift inter vivos cannot be revoked by the donor.A valid gift causa mortis requires:donative intent (same as above);delivery (same as above, except in many states symbolic delivery is ineffective for gifts causa mortis);acceptance (same as above); and additionally,the donor's anticipation, at the time of the gift, of imminent death;the donor's actual death.If the donor recovers, the gift is automatically revoked. Similarly, if the donee dies before the donor, the gift is revoked. And, unlike a gift inter vivos, the donor may always revoke the gift before she dies, even after the first four requirements above have been satisfied. Also distinguishing gifts causa mortis is the fact that they must be gifts of personal property; real property (interests in land, etc.) cannot be conveyed by gifts causa mortis.State law will vary in some of the nuances, but this is a general sketch of the two types of gifts. The key difference, and the reason for keeping such an antiquated distinction, lies in the gifts' revocability. If the donor is certain that he or she wants to make the gift, an inter vivos gift provides the easier and more foolproof means. On the other hand, when one is in a gravely stressful situation, she may wish to make a gift of property she would otherwise want to keep. A gift causa mortis honors the dying donor's wishes, while also protecting the donor from regretting the gift should she change her mind or recover.
Any person (donor) can give any other person (donee) any amount of money that the donor chooses. However, if it is more than $12,000 per year, per donee, a gift tax will be due. A US citizen or resident has a gift tax credit of $345,800, which "pays" the tax on the first $1 million in gifts during a donor's lifetime. The credit is nonrefundable (darn it!) and is "wasted" if not used.