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 can I do with a large cash gift? ›

Here are some ideas to get you started:
  • Set a savings goal. Sometimes the best way to use your cash gifts is to save them. ...
  • Try a no-spend challenge. ...
  • Make saving automatic. ...
  • Take advantage of free services and discount offers.

How do I deposit a large cash gift? ›

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 I have to report gifted money as income? ›

Essentially, gifts are neither taxable nor deductible on your tax return.

What do banks do with physical cash? ›

The bank lending process

Only a small portion of your deposits at a bank are actually held as cash at the bank. The rest of your money (the majority of the bank's assets) is invested by the bank into vehicles such as consumer or business loans, government bonds and credit cards.

Is a large cash gift considered income? ›

A gift is not considered to be income for federal tax purposes.

What is the largest cash gift you can give someone? ›

The basic gift tax exclusion or exemption is the amount you can give each year to one person and not worry about being taxed. The gift tax exclusion limit for 2023 was $17,000, and for 2024 it's $18,000. That means anything you give under that amount is not taxable and does not have to be reported to the IRS.

What is the safest way to deposit 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 in a year without being flagged? ›

When Does a Bank Have to Report Your Deposit? Banks report individuals who deposit $10,000 or more in cash. The IRS typically shares suspicious deposit or withdrawal activity with local and state authorities, Castaneda says.

How much cash can you deposit in the bank without being questioned? ›

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.

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 to give someone a million dollars tax free? ›

At a glance:

Any gifts exceeding $17,000 in a year must be reported and contribute to your lifetime exclusion amount. You can gift up to $12.92 million over your lifetime without paying a gift tax on it (as of 2023). The IRS adjusts the annual exclusion and lifetime exclusion amounts every so often.

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.

What are the disadvantages of physical cash? ›

The disadvantages of cash:
  • Hygiene concerns. Coins and banknotes exchange hands often. ...
  • Risk of loss. Cash can be lost or stolen fairly easily. ...
  • Less convenience. ...
  • More complicated currency exchanges. ...
  • Undeclared money and counterfeiting.
Mar 14, 2024

What should I do with physical cash? ›

1. Pay off high-interest debt with extra cash. It may not be the most exciting option, but the smartest thing you can do with a windfall is to pay off or reduce any high-interest debt you're carrying.

Should you keep physical cash? ›

Key takeaways. Reasons people keep cash at home include emergency preparedness, financial privacy concerns and mistrust of banks. It's a good idea to keep enough cash at home to cover two months' worth of basic necessities, some experts recommend.

What happens if you gift someone $100000? ›

A transfer of $100,000 to you directly is considered a gift and may be taxable to the giver. Does gift money need to be reported to IRS? If the gift money exceeds the annual amount for that tax year ($16,000 for 2022 and $17,000 for 2023), then yes, but only for the person giving the gift.

Can my parents gift me $30000? ›

You don't have to report gifts to the IRS unless the amount exceeds $17,000 in 2023. Any gifts exceeding $17,000 in a year must be reported and contribute to your lifetime exclusion amount. You can gift up to $12.92 million over your lifetime without paying a gift tax on it (as of 2023).

What is the best thing to do with a large sum of money? ›

To make the most of your large sum of money, you have two options. You could either invest it all at once — a method called lump-sum investing. Or, you could invest a little at a time, bit by bit — a method called dollar-cost averaging.

Can my parents gift me $100 000? ›

In the U.S., you do not have to do anything special to avoid taxes on a $100,000 gift. Your son will not pay taxes because the recipient of a gift receives it tax-free. You will have to file an informational gift tax return with the IRS because you gave someone over $17,000 in a year, but no tax is due.

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