My husband's Dad recently came in large amount of money due to death of his uncle. He wants to pay off our home and hold the mortgage at 4% to help us out. This would save us lots of money. Basically we would be refinancing and paying off the exisitng mortgage company and pay his Dad for the 220,000 at 4% interest. WOuld the IRS consider this a gift and he be taxed in anyway?
Would this be in anyway considered a gift taxable by IRS?
It's not a gift... It's considered a loan. Make sure all of the paperwork is in order... Signed promissory notes, etc.
Reply:Unless you can prove the interest rate is competitive with what others are paying for such mortgages then you are on a slippery slope. A transaction between relatives is scrutanized by the IRS and the interest rate must be market rates to be considered a loan.
Reply:I'd run it by a tax lawyer or CPA, but my guess is that you'd have to do all the paperwork associated with a loan and that he would have to be listed as the lienholder.
Reply:Hmmm, if he paid it off, he could deduct it unless it was given to you to deduct. It depends on the amount.
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