If you’re considering a $75,000 gift to help a family member with a down payment, understanding the gift tax is key. Fortunately, unless you’ve given away more than $13.61 million in your lifetime, a gift of this size won’t trigger any immediate federal gift tax obligations. With substantial lifetime and annual exemptions, most families won’t need to worry about either the gift tax or the estate tax. Here’s how it works and what you need to know.

What Is the Gift Tax?

The IRS places a tax on unilateral transfers of assets, meaning gifts made without receiving fair market value in return. This tax applies to both gifts given during your lifetime (the gift tax) and transfers upon death (the estate tax).

The gift tax rates range from 18% to 40% based on the gift’s value, but it only applies once your lifetime gifts exceed the exemption limit of $13.61 million (in 2024). The IRS also allows annual gifts up to $18,000 per recipient that do not count toward this lifetime exemption. Any gifts above this threshold simply reduce your lifetime exemption. For most families, the $13.61 million lifetime exemption covers gift tax requirements.

How the Gift Tax Affects a $75,000 Down Payment Gift

For instance, a $75,000 gift to your child for a down payment would exceed the $18,000 annual exclusion by $57,000. This amount would simply be deducted from your lifetime exemption, reducing it to $13,553,000. As long as your lifetime gifts remain under $13.61 million, no gift tax will apply.

Gift Splitting with a Spouse

For married couples, gift splitting can simplify the process. You and your spouse can each give up to $18,000 to as many recipients as you wish annually, or a total of $36,000 per recipient. In this case, each spouse’s lifetime exemption would be reduced by half of any amount over the annual exclusion.

Gifting for a Down Payment: What Lenders and the IRS Require

Down payments gifted by family members require special attention from both the IRS and lenders. Here’s how to make sure everything is properly documented:

1. Gift Letters:

   Lenders may ask for a gift letter, confirming that the down payment is a gift and not a loan, as loans can affect the borrower’s debt-to-income ratio. This letter should state the relationship between donor and recipient to avoid concerns about potential money laundering.

2. “Seasoning” the Funds:

   To meet lender requirements, gift funds should ideally be transferred at least 60 days before applying for a mortgage. This allows time for the funds to “season” in the borrower’s account, making it less likely for lenders to flag the transaction.

3. Direct Payments to the Borrower:

   Giving the down payment money directly to the borrower can simplify documentation. In some cases, a direct payment to the lender may also be possible but can complicate the process and may require you to be added to loan paperwork.

Examples of Gifting Scenarios

• Example 1: Individual with No Prior Gifts
  • Status: Single
  • Lifetime Exemption Used: $0
  • Taxes Owed: $0
  • With no previous gifts, a $75,000 down payment gift would simply reduce the lifetime exemption by $57,000, with no tax liability.
• Example 2: High Lifetime Gifts
  • Status: Single
  • Lifetime Exemption Used: $13.60 million
  • Taxes Owed: Approximately $9,880
  • For high-net-worth individuals who have used their entire exemption, the $57,000 excess would be taxed at around 24%, totaling about $9,880.
• Example 3: Married Couple Utilizing Gift Splitting
  • Status: Married, Joint Filers
  • Lifetime Exemption Used: $0
  • Taxes Owed: $0
  • By splitting the $75,000 gift, each spouse can apply part of their annual exclusion and reduce their lifetime exemptions by only $19,500 each.

Tax-Free Gifting and Estate Planning

A $75,000 gift is generally well below any federal tax threshold due to generous exemptions, but it’s still wise to document the process correctly. In 2024, the IRS allows each individual to gift up to $18,000 per recipient and $13.61 million over their lifetime without triggering a gift tax. Working with a financial advisor knowledgeable in estate planning can help you navigate these limits and structure large gifts effectively.

Bottom Line:

Most families will not need to pay a gift tax for a $75,000 down payment gift. However, documenting the gift properly with lenders and the IRS is important. By understanding the annual and lifetime exemptions, you can make tax-efficient financial gifts while helping family members achieve homeownership.