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 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.

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 there tax implications for gifting money? ›

A gift tax is a tax that can be imposed on the transfer of money or property from one person to another. If you give more than the annual gift tax limit, you may have to file a gift tax return, but this does not necessarily mean that you'll owe taxes on the gift. The 2024 annual gift tax exclusion is $18,000.

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.

What can I do with a large cash gift? ›

Let's look at some thoughts about what you can do :
  1. Emergency fund.
  2. Pay off your credit cards.
  3. Pay off medical bills.
  4. Go on vacation.
  5. Donate to your favorite charity.
Oct 11, 2020

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.

How much cash can I deposit in a month without being flagged? ›

Banks are required to report when customers deposit more than $10,000 in cash at once. A Currency Transaction Report must be filled out and sent to the IRS and FinCEN. The Bank Secrecy Act of 1970 dictates that banks keep records of deposits over $10,000 to help prevent financial crime.

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.

Do you have to declare a large cash gift? ›

You do not pay tax on a cash gift, but you may have to pay tax on any income that the cash gift generates. For example, if you place the cash gift in a bank or building society account, you may have to pay tax on the interest you earn on that account.

How does the IRS know if you gift 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.

How large of a cash gift is tax free? ›

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.

What to say when someone gives you a lot of money? ›

Then, express thankfulness
  • “I am extremely grateful for your kindness and generosity.”
  • “We are sincerely thankful for your kind gesture and generosity.”
  • “I cannot thank you enough for the thoughtful gift.”
  • “We are so appreciative of your generous gift that means the world to us.”
Jan 8, 2024

Is interest on bank accounts taxable? ›

The IRS treats interest earned on a savings account as earned income, meaning it can be taxed. So, if you received $125 in interest on a high-yield savings account in 2023, you're required to pay taxes on that interest when you file your federal tax return for the 2023 tax year.

How can I reduce my federal income tax? ›

  1. Invest in municipal bonds.
  2. Shoot for long-term capital gains.
  3. Start a business.
  4. Max out retirement accounts and employee benefits.
  5. Use a health savings account.
  6. Claim tax credits.

How often can I deposit $10,000 cash without being flagged? ›

The IRS requires Form 8300 to be filed if more than $10,000 in cash is received from the same payer or agent in any of the following ways: In one lump sum. In two or more related payments within 24 hours. As part of a single transaction or two or more related transactions within 12 months.

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.

How much cash can you put in the bank as a gift? ›

Technically speaking, you can give any amount of money you wish as a gift to one or more of your children or any other member of family. Some parents also choose to buy property and put it into their child's / children's name(s).

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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