What to do w/lrg physical cash gift from an elderly relative? Legal, banking & IRS implications? Best courses of action. (2024)

Simi Valley, CA asked in Estate Planning, Tax Law, Banking and Probate for California

My Uncle is 97 and intends to gift me a large amount in physical 'hard' cash either now or as an inheritance upon passing. He is admirable to whichever is more advisable. I desire to avoid a bank account freeze or other legal nonsense upon depositing of said funds i.e. 'fiat' currency. Please advise. Thnx for your assistance.

3LawyerAnswers

A:Ask him to buy gold with the cash and then give the gold to you. He should report the gift to the IRS and provide you with a copy of the gift tax return. That will help you establish your basis in the gold.

What to do w/lrg physical cash gift from an elderly relative? Legal, banking & IRS implications? Best courses of action. (3)

Julie King

Answered

  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed inCalifornia

A:There are many different ways to accomplish your objectives and each way has different tax implications. Depending on the amount a person wants to give away, he could give a gift of up to $17,000 (in 2023) per year without taxes. The recipient does not need to be a relative. But, if a person gives someone more than that amount in gifts in a year — including birthday, Christmas, graduation and all other gifts given that year — then the person giving the gift must file a gift tax return even if no gift tax is due. The money could also be given through a trust or will, depending on the giver’s estate plan. Have your uncle contact his estate planning lawyer to get more specific tax information tailored to his circ*mstances.

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What to do w/lrg physical cash gift from an elderly relative? Legal, banking & IRS implications? Best courses of action. (4)

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James L. Arrasmith What to do w/lrg physical cash gift from an elderly relative? Legal, banking & IRS implications? Best courses of action. (5) Lawyers, want to be a Justia Connect Pro too? Learn more ›

Answered

  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed inCalifornia

A:Under federal law, large cash gifts are allowed, but be aware of IRS gift tax rules. Banks will report cash deposits over $10,000, so it's wise to notify your bank before making a large deposit. Ensure you have documentation regarding the origin of the gift to address any future inquiries.

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What to do w/lrg physical cash gift from an elderly relative? Legal, banking & IRS implications? Best courses of action. (2024)

FAQs

What to do w/lrg physical cash gift from an elderly relative? Legal, banking & IRS implications? Best courses of action.? ›

A: Under federal law, large cash gifts are allowed, but be aware of IRS gift tax rules. Banks will report cash deposits over $10,000, so it's wise to notify your bank before making a large deposit. Ensure you have documentation regarding the origin of the gift to address any future inquiries.

How do I deposit a large cash gift? ›

You can deposit a large cash inheritance in a savings account, either through a check or direct wire to your bank. The bigger question is what you should do with it once it's deposited.

Do you have to report large cash gifts? ›

Generally, the answer to “do I have to pay taxes on a gift?” is this: the person receiving a gift typically does not have to pay gift tax. The giver, however, will generally file a gift tax return when the gift exceeds the annual gift tax exclusion amount, which is $17,000 per recipient for 2023.

Are cash gifts from family considered income? ›

There is typically a tax-free gift limit to family members until a donation exceeds $15,000 (jumping up to $16,000 in 2022). In these instances, the IRS is usually uninvolved. Even then, it can just result in more paperwork. At the federal level, assets you receive as a gift are usually not taxable income.

Do banks report large deposits to the IRS? ›

Depositing a big amount of cash that is $10,000 or more means your bank or credit union will report it to the federal government. The $10,000 threshold was created as part of the Bank Secrecy Act, passed by Congress in 1970, and adjusted with the Patriot Act in 2002.

What is the safest way to deposit a large amount of cash? ›

To safely deposit a large amount of cash, visit a brick-and-mortar branch operated by your financial institution. Contact your financial institution if you plan to make a sizable deposit, said Christopher Naghibi, executive vice president and chief operating officer at First Foundation Bank.

How much cash can I deposit without being flagged? ›

Banks are required to report cash into deposit accounts equal to or in excess of $10,000 within 15 days of acquiring it. The IRS requires banks to do this to prevent illegal activity, like money laundering, and to curtail funds from supporting things like terrorism and drug trafficking.

How does IRS know you gifted money? ›

The primary way the IRS becomes aware of gifts is when you report them on form 709. You are required to report gifts to an individual over $17,000 on this form. This is how the IRS will generally become aware of a gift. However, form 709 is not the only way the IRS will know about a gift.

Do regular gifts count as income? ›

There are no income tax implications on the receipt of a cash gift unless the income generates interest or dividends.

How to gift money without paying taxes? ›

6 Tips to Avoid Paying Tax on Gifts
  1. Respect the annual gift tax limit. ...
  2. Take advantage of the lifetime gift tax exclusion. ...
  3. Spread a gift out between years. ...
  4. Leverage marriage in giving gifts. ...
  5. Provide a gift directly for medical expenses. ...
  6. Provide a gift directly for education expenses. ...
  7. Consider gifting appreciated assets.

What is the $3000 rule? ›

Rule. The requirement that financial institutions verify and record the identity of each cash purchaser of money orders and bank, cashier's, and traveler's checks in excess of $3,000.

What bank account can the IRS not touch? ›

Any bank accounts that are under the taxpayer's name can be levied by the IRS. This includes institutional accounts, corporate and business accounts, and individual accounts. Accounts that are not under the taxpayer's name cannot be used by the IRS in a levy. Levies can impact property and assets other than accounts.

How much cash can you keep at home legally in the US? ›

The government has no regulations on the amount of money you can legally keep in your house or even the amount of money you can legally own overall. Just, the problem with keeping so much money in one place (likely in the form of cash) — it's very vulnerable to being lost.

Can I deposit $30,000 cash into my bank account? ›

If you plan to deposit a large amount of cash, it may need to be reported to the government. Banks must report cash deposits totaling more than $10,000. Business owners are also responsible for reporting large cash payments of more than $10,000 to the IRS.

What to do if someone gifts you a large amount of money? ›

If you receive a gift, you do not need to report it on your taxes. According to the IRS, a gift occurs when you give property (like money) without expecting anything in return. If you gift someone more than the annual gift tax exclusion amount ($17,000 in 2022), the giver must file Form 709 (a gift tax return).

What happens if I deposit $25,000 in cash? ›

A cash deposit of more than $10,000 into your bank account requires special handling. The IRS requires banks and businesses to file Form 8300, the Currency Transaction Report, if they receive cash payments over $10,000. Depositing more than $10,000 will not result in immediate questioning from authorities, however.

Does the IRS know if I received a gift over 10k cash? ›

They're just letting the IRS know that someone was handling a large amount of cash. The IRS knows that most such deposits are legitimate. If the gift you received was a check, not cash, the bank will not report it. In any case, there is no way for you to report a gift that you received on your tax return.

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