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

What to do w/lrg physical cash gift from an elderly relative? Legal, banking & IRS implications? Best courses of action. (1)

PREMIUM

Nina Whitehurst What to do w/lrg physical cash gift from an elderly relative? Legal, banking & IRS implications? Best courses of action. (2) Lawyers, want to be a Justia Connect Pro too? Learn more ›

Answered

  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed inCalifornia

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.

1user found this answer helpful

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

PREMIUM

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circ*mstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.

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.

Do you have to report large cash gifts? ›

The annual gift tax exclusion is a set dollar amount that you may give someone without needing to report it to the IRS. The threshold is typically adjusted to account for inflation each year. The IRS announced that the annual gift tax exclusion will be $18,000 in 2024, up from $17,000 in 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.

How to deposit a large cash gift? ›

Bottom Line. You can deposit a large cash inheritance in a savings account, either through a check or direct wire to your bank.

Do banks report large deposits to the IRS? ›

Banks must report cash deposits of more than $10,000 to the federal government. The deposit-reporting requirement is designed to combat money laundering and terrorism. Companies and other businesses generally must file an IRS Form 8300 for bank deposits exceeding $10,000.

Do you have to declare a large cash gift? ›

You do not need to declare cash gifts you receive on a self assessment tax return. There may be inheritance tax implications for you and the person who has given you this gift, particularly if the donor (giver) of the cash gift dies within seven years of making the gift.

How does the IRS find out about cash gifts? ›

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.

How much money can a person receive as a gift without being taxed? ›

Annual gift tax exclusion

The gift tax limit is $17,000 in 2023 and $18,000 in 2024. Note that this annual exclusion is per gift recipient.

How do you gift a large sum of money to family? ›

Giving cash is the easiest and most straightforward way to accomplish gifting money to family members. You can write a check, wire money, transfer between bank accounts, or even give actual cash.

Are cash gifts unearned income? ›

A gift is unearned income subject to the general rules pertaining to income and income exclusions. REMINDER: The value of any non-cash item (other than food or shelter) is not income if the item would become a partially or totally excluded non-liquid resource if retained in the month after the month of receipt.

Do banks report gifts to the IRS? ›

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. The IRS does not want you to report it. You do not pay income tax on a gift.

What is the best way to deposit large amounts of cash? ›

How to Protect Large Deposits over $250,000
  1. Open Accounts at Multiple Banks. ...
  2. Open Accounts with Different Owners. ...
  3. Open Accounts with Trust/POD [pay-on-death] Designations. ...
  4. Open a CD Account, or Money Market Account, with a bank that offers IntraFi (formerly CDARs) services.
Mar 17, 2023

How much cash can I put in the bank without raising a red flag? ›

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 $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? ›

Certain retirement accounts: While the IRS can levy some retirement accounts, such as IRAs and 401(k) plans, they generally cannot touch funds in retirement accounts that have specific legal protections, like certain pension plans and annuities. 7.

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.

How much money can I receive as a gift without reporting to the IRS? ›

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.

Do gifts under $15000 need to be reported? ›

(In fact, charitable donations are often tax deductible.) Even if you make gifts to another family member who is not your spouse, a friend, or a business associate, they are not taxable under federal guidelines, until their cumulative value exceeds $15,000 (for 2021).

What happens if you gift more than $10000? ›

The first $10,000 is not assessed – it goes towards the 'gifting-free area'. The other $10,000 is assessed as a deprived asset for five years. There is now $20,000 in the gifting-free area, and $20,000 being assessed as deprived. On 15 July 2022, Joanne gifts a further $50,000.

What are the rules for gifting money to family members? ›

Reducing potential taxes with gifts

For smaller gifts, the IRS rules for 2024 allow any individual to gift up to $18,000 per year to any recipient without having to consider the potential impact of a taxable gift. A married couple may give up to $36,000 to any individual.

Top Articles
Latest Posts
Article information

Author: Laurine Ryan

Last Updated:

Views: 5729

Rating: 4.7 / 5 (57 voted)

Reviews: 88% of readers found this page helpful

Author information

Name: Laurine Ryan

Birthday: 1994-12-23

Address: Suite 751 871 Lissette Throughway, West Kittie, NH 41603

Phone: +2366831109631

Job: Sales Producer

Hobby: Creative writing, Motor sports, Do it yourself, Skateboarding, Coffee roasting, Calligraphy, Stand-up comedy

Introduction: My name is Laurine Ryan, I am a adorable, fair, graceful, spotless, gorgeous, homely, cooperative person who loves writing and wants to share my knowledge and understanding with you.