There is no legal limit to how much a relative may give you as a gift to use as down payment for a home; although there are issues of which you and the donor need to be aware.
Different loans have different guidelines as to whether gifts may be used for down payment and under what conditions. For example conventional loans to purchase an investment property do not allow the purchaser to use a gift for any of the down payment. Some conventional loans may not allow all of an owner occupant's down payment to come from a gift except under certain circumstances. The loan may require the buyer to contribute a certain portion of their own funds towards the purchase. Check with your lender or mortgage broker to find out the guidelines and documentation requirements on using gifts for the down payment on the specific type of loan for which you are applying.
Taxable events. The donor needs to
be aware of the possible tax consequences of the gift. The recipient of the gift does not incur a tax liability for receiving a gift, but the donor may be responsible for gift tax. A gift of up to $13,000 (after 1/1/2009) is excluded from gift tax. Over that amount the donor is required to file IRS Form 709. It is most likely that the donor will not have to pay any tax on gifts over $13,000, but over the donor's lifetime the total amount of gifts over the annual excluded amount will be deducted from the donor's estate tax credit. The donor should contact a tax professional to see how, or if, a giving the gift will affect their taxes and estate.
Here is a link to IRS Publication 950, Introduction to Estate and Gift Taxes:
http://www.irs.gov/publications/p950/index.html
Answer Submitted on Sun, Feb 1 2009
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