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chris cummings (Entelechy)
Member
Username: Entelechy

Post Number: 557
Registered: 5-2001
Posted on Tuesday, October 21, 2003 - 1:02 am:   

Thanks Ben...for anyone going down this road, Washington Mutual has been terrific (literally everyone we've been talking to have used/recommended them).
Ben Cannon (Artherd)
Intermediate Member
Username: Artherd

Post Number: 1113
Registered: 6-2002
Posted on Tuesday, October 21, 2003 - 12:44 am:   

Chris- Your parents can 'loan' you 100k for 30 years at blah percent. Then you pay say $1,000/mo with intrest, or $12k/yr.

Your parents then 'gift' you $6k/year EACH. :D)

Best!
Ben
Ryan Alexander (Ryalex)
Junior Member
Username: Ryalex

Post Number: 156
Registered: 8-2003
Posted on Monday, October 20, 2003 - 7:46 pm:   

Heaven forbid wealth stay in a family!

Your children and grandchildren deserve none of the benefits of your hard work!

It will be given to the government, whose gentle care will 'redistribute' it to the needy!

re�dis�tri�bute : verb; to piss away, waste or squander, esp. by a third party or government; see also: fairness, equality, communism.
chris cummings (Entelechy)
Member
Username: Entelechy

Post Number: 555
Registered: 5-2001
Posted on Monday, October 20, 2003 - 6:13 pm:   

Lol - we've been on the phone all day with accountants, etc. and think we have it figured out, but it never hurts ask the sage aggregate minds of F-chat :-)
William H (Countachxx)
Advanced Member
Username: Countachxx

Post Number: 3387
Registered: 2-2001
Posted on Monday, October 20, 2003 - 6:05 pm:   

My advice is move out of CA :-)
chris cummings (Entelechy)
Member
Username: Entelechy

Post Number: 554
Registered: 5-2001
Posted on Monday, October 20, 2003 - 3:44 pm:   

Excellent - many thanks to all! I really appreciate it. We were just on the phone investigating exactly what Jim, Dale, and Tom were suggesting. I think that's our best bet.

Thanks as well for the link Ty :-)

~C
ty (360mode)
Junior Member
Username: 360mode

Post Number: 240
Registered: 9-2002
Posted on Monday, October 20, 2003 - 3:36 pm:   

http://law.freeadvice.com/tax_law/gift_tax_law/

has some good general info and links to state statutes, fwiw...
Dale W Spradling (Drtax)
Member
Username: Drtax

Post Number: 486
Registered: 4-2003
Posted on Monday, October 20, 2003 - 3:32 pm:   

Hey, you gotta go a long ways fore you as twisted as the good doctor, ha!

TomD (Tifosi)
Advanced Member
Username: Tifosi

Post Number: 4433
Registered: 9-2001
Posted on Monday, October 20, 2003 - 3:30 pm:   

hey Dr Tax and I have the same twisted mind :-) I
Dale W Spradling (Drtax)
Member
Username: Drtax

Post Number: 485
Registered: 4-2003
Posted on Monday, October 20, 2003 - 3:27 pm:   

Chris, I don't know squat around CA laws. What Jim sez will definitly work for IRS purposes.

However, Jim's idea of treating the money as a loan should work until you have the time to figure out sometime better. But under this idea, at a minimum, the parents can gift interest and prinicple each year until the loan is wiped out.

On another note, though. Be careful if you are also borrowing money from a third-party mortgage lender. Failing to disclose the loan or gift from the parents could get you into all kinds of trouble should you ever run into trouble with paying your mortgage.

Good luck!

Dale
TomD (Tifosi)
Advanced Member
Username: Tifosi

Post Number: 4432
Registered: 9-2001
Posted on Monday, October 20, 2003 - 3:27 pm:   

are you talking about State tax or Fed, I think Jim is referring to the Fed rules. I would think the best way to do it is have them lend you the 100k as a loan with a fair interest rate - there are IRS regs on this, then each year they gift you the interest, the amount will be under the annual threshold, problem solved - check with your CPA
ty (360mode)
Junior Member
Username: 360mode

Post Number: 238
Registered: 9-2002
Posted on Monday, October 20, 2003 - 3:27 pm:   

anyone can gift anyone 11k a year. use your imagination :-)

just my opinion of course, i'm not a tax lawyer or accountant!
Jim Schad (Jim_schad)
Intermediate Member
Username: Jim_schad

Post Number: 2031
Registered: 7-2002
Posted on Monday, October 20, 2003 - 3:25 pm:   

you could put it in a trust with you all as the beneficiaries and executors of it. the trust can then make a "loan" to you or something like that......I think.....
James Glickenhaus (Napolis)
Advanced Member
Username: Napolis

Post Number: 2873
Registered: 10-2002
Posted on Monday, October 20, 2003 - 3:13 pm:   

If I'm correct that's 88k tax free. I also believe they can loan you the rest as long as it's set up properly and you pay a fair interest which is prob less than a morgage. ONCE AGAIN check with your accountant.
chris cummings (Entelechy)
Member
Username: Entelechy

Post Number: 553
Registered: 5-2001
Posted on Monday, October 20, 2003 - 3:03 pm:   

Thanks James :-)

The problem is, the amount is closer to 100K...we have a mtg. with the mortgage broker this afternoon and we have a call into her mom's accountant, but don't know if we'll be able to talk to them today (vaca)

~C
James Glickenhaus (Napolis)
Advanced Member
Username: Napolis

Post Number: 2871
Registered: 10-2002
Posted on Monday, October 20, 2003 - 2:59 pm:   

I'm not an accountant but I believe each of her parents can give each of you 11K (Total to both of you 44k) this year and the same amount after jan 1 (another 44K) Check with your accountant.
chris cummings (Entelechy)
Member
Username: Entelechy

Post Number: 550
Registered: 5-2001
Posted on Monday, October 20, 2003 - 2:50 pm:   

Hi All,

We're in the midst of putting an offer on a home in CA and wanted to get your advice. My fiancee's parents just sold the home of her grandmother who recently passed away, and want to put some of the money toward helping us with our first home.

Problem is, we're discovering, that the gift tax in CA is on anything above 10K and the Gov. takes 40%!!!!!! after that. It's completely insane.

Are there any options or ways around this? Could it be a "loan" of some sort? Also, another option might be to have her mother on the loan with us, but we'd get a higher interest rate :-(

Any advice or suggestions would be MUCH appreciated!

Thanks!
~C

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