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Old 03-02-2004, 10:03 AM   #1
JackHammer
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tax on joint accounts

Just say that my friend has a joint account with his pops. His pops decided to transfer $50k into the account so junior here can use that as a down payment for a house. Will junior be taxed?
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Old 03-02-2004, 10:10 AM   #2
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This would qualify as a Gift and would be taxed as such:

http://www.ctj.org/html/estate.htm
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Old 03-02-2004, 10:17 AM   #3
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If you want to do everything above board, you either have to consider it a loan or a gift. As a loan it would not be taxable, but you'll have a harder time qualifying for a mortgage as they don't like to see big personal loans. As a gift, you won't have a problem with the mortgage, but you will have issues with gifting taxes.

Although this isn't 100% above board, what most people do is call it a gift when taking a mortgage out so that there is no issue with the mortgage. Most likely that's the last you'll ever hear of it. If the IRS ever got wind of it and asked about it, you can draft up paperwork to show that it is a forgivable loan (can't call it this to the bank as they don't like this either), with 10K (or 20K if both of your parents are together as each can give you 10K), forgiven each year. This keeps you under gifting rules.
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Old 03-02-2004, 03:24 PM   #4
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OK so he's been depositing his monthly salary into this account. How would anyone know what belongs to who? If he takes out say $30k from the joint account, how could that be taxed?
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Old 03-02-2004, 03:35 PM   #5
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There are other ways around this - Pops could give Junior $10k per year without being taxed. Mom could also give Junior $10k per year witout being taxed. If Junior is married, Pops and Mom could each give Mrs. Junior $10k without being taxed. You can get $40k per year in monetary gifts from direct family members without falling into the gift tax trap. If there is a sibling, you can add another $20k to that too.
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Old 03-02-2004, 03:39 PM   #6
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So, mom and dad could give junior $20k and then pops could give junior's sis $10k and then junior's sis can give him that $10k as a gift? Man loopholes everywhere.

Oh by the way, I thought it was $11k and not $10k.
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