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5. Understand the legal considerations. Aside from taxes, there may be legal considerations when you’re gifting money to family members—especially if you want to give a significant amount.
When it comes to holiday excitement, few things can top unwrapping a small box on Christmas morning to find a car key inside, then sprinting to the driveway to see a shiny new car all wrapped up ...
The donee must accept the gift in order for the property transfer to take place. [1] However, because people generally accept gifts, acceptance will be presumed, so long as the donee does not expressly reject the gift. [2] A rejection of the gift destroys the gift, so that a donee cannot revive a once-rejected gift by later accepting it.
A gift tax, known originally as inheritance tax, is a tax imposed on the transfer of ownership of property during the giver's life. The United States Internal Revenue Service says that a gift is "Any transfer to an individual, either directly or indirectly, where full compensation (measured in money or money's worth) is not received in return."
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A deferred gift is a present decision to make a future gift, evidenced by a legal contract. "While the name 'deferred giving' is best known to professionals in the field, it is not a term that communicates very much to the average donor. Therefore, we suggest the term 'planned giving.' When a person makes a planned gift, it suggests forethought."
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