vania-janet/multiturn-rag-retrieval-data huggingface dataset:
An Indian citizen who is not a resident of India (an NRI) or a Person of Indian Origin (a PIO) is not permitted to sell or gift immovable property in India (real property for US readers) to another NRI or PIO; the property must be sold or gifted to a resident of India.  So, assuming that the property in question is in India, you cannot sell it to your NRI friend.
When you apply for the mortgage expect that the lender will want your sister to sign a form explaining that that is a gift, otherwise the lender might be concerned that it is a loan. Be careful about the gifting of the money to a minor. You could run into an issue if the money isn't spent on something that benefits the child. The IRS does get concerned about using money transfers between child and parent to get around tax issues. Other than that you don't have a tax issue. If the gifting is done correctly your sister can gift $14,000 to you and your spouse each year. If your child has a large expenses in the near future: tuition, braces... Your sister could transfer funds to the child to pay for those items, thus freeing up some of your funds for the house.
"I'm not an attorney or a tax advisor. The following is NOT to be considered advice, just general information. In the US, ""putting your name on the deed"" would mean making you a co-owner. Absent any other legal agreement between you (e.g. a contract stating each of you owns 50% of the house), both of you would then be considered to own 100% of the house, jointly and severally: In addition, the IRS would almost certainly interpret the creation of your ownership interest as a gift from your partner to you, making them liable for gift tax. The gift tax could be postponed by filing a gift tax return, which would reduce partner's lifetime combined gift/estate tax exemption. And if you sought to get rid of your ownership interest by giving it to your partner, it would again be a taxable gift, with the tax (or loss of estate tax exemption) accruing to you. However, it is likely that this is all moot because of the mortgage on the house. Any change to the deed would have to be approved by the mortgage holder and (if so approved) executed by a title company/registered closing agent or similar (depending on the laws of your state). In my similar case, the mortgage holder refused to add or remove any names from the deed unless I refinanced (at a higher rate, naturally) making the new partners jointly liable for the mortgage. We also had to pay an additional title fee to change the deed."
"I'm guessing since I don't know the term, but it sounds like you're asking about the technique whereby a loan is used to gather multiple years' gift allowance into a single up-front transfer. For the subsequent N years, the giver pays the installments on the loan for the recipient, at a yearly amount small enough to avoid triggering Gift Tax. You still have to pay income tax on the interest received (even though you're giving them the money to pay you), and you must charge a certain minimum interest (or more accurately, if you charge less than that they tax you as if the loan was earning that minimum). Historically this was used by relatively wealthy folks, since the cost of lawyers and filing the paperwork and bookkeeping was high enough that most folks never found out this workaround existed, and few were moving enough money to make those costs worthwhile. But between the ""Great Recession"" and the internet, this has become much more widely known, and there are services which will draw up standard paperwork, have a lawyer sanity-check it for your local laws, file the official mortgage lien (not actually needed unless you want the recipient to also be able to write off the interest on their taxes), and provide a payments-processing service if you do expect part or all of the loan to be paid by the recipient. Or whatever subset of those services you need.  I've done this. In my case it cost me a bit under $1000 to set up the paperwork so I could loan a friend a sizable chunk of cash and have it clearly on record as a loan, not a gift. The amount in question was large enough, and the interpersonal issues tricky enough, that this was a good deal for us. Obviously, run the numbers. Websearching ""family loan""  will find much more detail about how this works and what it can and can't do, along with services specializing in these transactions. NOTE: If you are actually selling something, such as your share of a house, this dance may or may not make sense. Again, run the numbers, and if in doubt get expert advice rather than trusting strangers on the web. (Go not to the Internet for legal advice, for it shall say both mu and ni.)"
Parents are eminently capable of gifting to their children.  If it's a gift call it a gift. If it's not a gift, it's either a loan or a landmine for some future interpersonal familial interaction (parent-child or sibling-sibling).  I an concerned by some phrasing in the OP that it is partially down this path here.  If it's a loan, it should have the full ceremony of a loan: written terms and a payment plan (which could fairly be a 0% interest, single balloon payment in 10 years or conditional on sale of a house or such; it's still not a gift).
(For completeness, with a nod to Eric's comments on my original answer, some of these numbers may indirectly influence the sale. For example, the buyer typically won't be able to get a mortgage for a value greater than the appraised value of the house, and so that might influence what he's willing and able to bid. There may also be tax consequences if the price is artificially low, like, say, a gift. As further expounded below, however, that's not directly relevant to answering the OP's stated question.) Now, the OP seemed to believe that there is an ""extra"" $48K in cash up for grabs in this scenario. That comes from the $155K value that the OP claims his house has and the $107K price of the actual proposed sale. This is a complete misconception. When the buyer and seller sit down at closing and the title agent sums up who owes and who receives cash in this transaction, the $155K ""theoretical"" value will not enter into the calculation and therefore no one will pocket it. Subsequently, however, after the buyer takes possession, he may sell it. If it's true that he ""got a deal"" on the transaction at $107K, then he maybe able to flip it and turn a profit. But if that happens, it will be in a completely separate, subsequent transaction. Even if you look to this hypothetical second sale, however, the $155K doesn't really figure. The new owner will have to find his own buyer, and they will have to agree on a price. That might happen to be $155K, but there's no real reason to believe that it will or it won't."
First the good news: based on the time involved, and the amount of potential profits; you will not owe any tax on the sale of the house no matter which option you pick. Now the details. When determining if there are any capital gains the IRS cares about the difference between the sale price and the purchase price. The amount of the loan, the final balance of the loan, or the lack of loan don't factor into the calculation. To complicate matters the government does factor into the equation any improvements you have made to the house (like a new deck) and the cost of buying and selling the house (real estate agents). If a single person has less than 250K in capital gains and has used the house as their main residence for 2 of the the previous 5 years their tax is zero. For a couple the tax free gain is $500K. For your situation since the sale price is less than $250K, the capital gains will also be less than $250K. You do have one potential area of concern. If the house is worth significantly more than $150K, the government could claim that the difference between what you charged your parents and what you could have charged was a gift. Assuming that there are no other factors that you didn't include in the original question it would appear that you will not face any taxes. Regarding your two options, neither will impact the taxes. Though draining your savings or investments could make it difficult to meet an emergency during the time between the sending of the $95K to the mortgage company and the closing on the deal with your parents. If the money came from retirement account it could have an even greater impact on your taxes and retirement situation.
The ownership of the house depends on what the original deed transferring title at the time of purchase says and how this ownership is listed in government records where the title transfer deed is registered. Hopefully the two records are consistent. In legal systems that descended from British common law (including the US), the two most common forms of ownership are tenancy in common meaning that, unless otherwise specified in the title deed, each of the owners has an equal share in the entire property, and can sell or bequeath his/her share without requiring the approval of the others, and joint tenancy with right of survivorship meaning that all owners have equal share, and if one owner dies, the survivors form a new JTWROS. Spouses generally own property, especially the home, in a special kind of JTWROS called tenancy by the entirety. On the other hand, the rule is that unless explicitly specified otherwise, tenancy in common with equal shares is how the owners hold the property. Other countries may have different default assumptions, and/or have multiple other forms of ownership (see e.g. here for the intricate rules applicable in India). Mortgages are a different issue. Most mortgages state that the mortgagees are jointly and severally liable for the mortgage payments meaning that the mortgage holder does not care who makes the payment but only that the mortgage payment is made in full. If one owner refuses to pay his share, the others cannot send in their shares of the mortgage payment due and tell the bank to sue the recalcitrant co-owner for his share of the payment: everybody is liable (and can be sued) for the unpaid amount, and if the bank forecloses, everybody's share in the property is seized, not just the share owned by the recalcitrant person. It is, of course, possible to for different co-owners to have separate mortgages for their individual shares, but the legalities (including questions such as whose lien is primary and whose secondary) are complicated. With regard to who paid what over the years of ownership, it does not matter as far as the ownership is concerned.
The issue here is that the transaction (your funds to her account) looks very similar to the rent payments which you plan to make in the future. Those rental payments (if deemed to be commercial) would normally be subject to tax. Consider the scenario where rather than an up front $5000, and $5000 over 2 years, you paid her $10000, and paid no rent. That might be an attempt to avoid paying tax. A commercial transaction can't be re-labeled as a gift just based on your election - the transaction needs to be considered as a whole. However, an interest free, unsecured loan connected with you paying rent at market rate would be (depending on local laws) simply foolish (to some extent). I don't think you are able to structure the transaction as a joint purchase (since the mortgage will prevent her from allocating a part of the property to you). Its also likely that you can live in her house and contribute an adequate amount to the household costs without creating a taxable income for her. For example in the UK, up to ~£4000 pa rental income generated from the property in which you reside does not need to be declared. You need to identify the scenarios where your particular arrangement could be imagined as resulting in a taxable or potentially taxable event - then make sure you are not avoiding those events just by choosing how you label the events.
Anyone considering this approach needs to talk to a lawyer before going ahead; certainly, you don't want to trust anything I say as legal advice as I have no legal training. This is not a gift. All the CRA has to show is that there was a reasonable expectation that the property would be sold and the money returned to the parent. That's obviously the case here; in your timeline, the evidence is in the two bank accounts after approximately six months. As to whether you'd get away with tax fraud of this nature, that depends on how careful the CRA is willing to investigate. There's another risk, too. Canada's at risk of a market correction on real-estate prices, where prices might drop 20-40%, or worse if you are pessimistic. That's speculation, of course, but such corrections are common-place over the long-term. If you buy a house today with the expectation of improving it and flipping it in six months, you run a very real risk of not recovering your initial investment, let alone the time and materials invested. Heck, you might not be able to sell the house at all. And from the parent's point of view, there's nothing to be done. They can't claim this was a gift, and now claim any sort of obligation whatsoever. The child isn't obligated to sell at a loss, and may not be able to sell in any case.
You can set up a Self Managed Super Fund (SMSF) and use it to buy residential investment property, and as Justin has mentioned even borrow to acquire the investment property through the SMSF.  However, you cannot hold your home in the SMSF, as this would be classed as an in-house asset, and you are only allowed to hold a maximum of 5% of the total market value of SMSF as in-house assets. Furthermore, as you already own your house, you are not allowed to transfer residential property into a SMSF from a related party, even if done at current market value (you are allowed to transfer business real property from a related party at current market value). Regarding loans, you are not allowed to lend money from your SMSF to a related party as well.
If the money is a gift the lender will make everybody acknowledge that the money is a gift. They will not care if the gift triggers tax forms for the giver. Signing the gift forms specifying it is a gift when it isn't a gift is fraud, and there are penalties attached to that. If it is a loan that will not erase the PMI requirement. Because the lender for the main part of the mortgage will want to protect their investment. Related to other impacts.
Should we have to prepare any documents or deed or we simply asked our son to send on line a scanned copy on simple paper signed by him to declare that this amt is given as gift which is gifted to us through this cheque number/date/bank etc? Depending on amount, if few thousands don't bother. If few lacs get it on a simple plain paper, if in crores, get a proper gift deed executed. There is no tax for you. My son wants to remit some money in his mother's account jointly with me(father). It is very much clear that it will be tax free in india being a gift but how will this amt be treated as gift in the eyes of income tax people? Should we have to prepare any documents or deed or we simply asked our son to send on line a scanned copy on simple paper signed by him to declare that this amt is given as gift which is gifted to us through this cheque number/date/bank etc? Whether our son shows that amt as gift in his yearly return or not. what are the implications to his tax return due to gifted As your son is US citizen, he can only gift USD 14,000 to you and equal amount to your mother in a year. Similarly your daughter in law can give you both 14000 each. If it is more, he has to pay taxes or claim it against life time exemption of 1 million (?) USD
"you have 2 concerns: the lender and the irs. either way you should be fine the lender just wants to know that you have no legal claim to the property or other compensation. simply signing a gift declaration should clear that up, making this a ""gift"" from their perspective.  they probably have some standard form you can sign. otherwise, just a simple note that says ""i, so-and-so, gave whats-er-name x$ on the y of june, 20## as a gift, with no expectation of repayment"".  then, only way you could get charged with ""fraud"" is if you seek compensation for this ""gift"" in the future.  even then, the bank would probably have to find out about the compensation and complain pretty strongly to get a prosecutor interested in a small dollar misrepresentation case with little or no provable intent. a bigger concern is the bank being uncomfortable with the future renter also giving a gift. that just ""smells weird"". and bankers hate anything weird. it probably won't prevent the mortgage from getting approved, but it might delay the underwriters a few days while the wring their hands about it. the irs is a bit more complicated. they tend to be the ""heads we win, tails you lose"" types.  assuming they consider this a gift, then you are fine, since it is under the annual gift exclusion (~14k$ these days); you don't even have to tell them about it.  however, if she gives you a large financial gift in the near future, they may decide to interpret those two events as a single transaction turning this into a no interest loan. even then, you should be fine since the irs generally doesn't care about loans under 100k$ with ""missing"" interest under 1k$/yr. since this is a small loan and interest rates are so low, you have no worries. further irs reading on gift loans: https://www.law.cornell.edu/uscode/text/26/7872"
Technically, no. Only if used for improvement or expansion to the original property.
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I would contribute this money to the deposit, but wouldn’t pay anything else-more, and want to know if they do the house up, and it increases in value how does my share gets worked out if I want it out in about l0 years? This can be simple; You have contributed 9K out of 260 K. You own Approx. 3.4% of equity in the house. Whenever this gets sold, you will get back 3.4%. Now the real trick comes in, if the house is not being sold, ie your Sister would continue using it, and you want out, then one would need to decide the fair market value. You could agree to consult some lists or agree of the fair value based on sale price of similar properties in the area. This is where it normally gets difficult and can cause disputes. we do not have much money for solicitors / lawyers, and we don't really really need them It is advisable to get a lawyer as one doesn't know what happens 10 years in future, things may go wrong between you and your sister, or your sister is no more and her fiancé  may not honor the agreement you have. There are other considerations;   It would be advisable you have your name on the property. It would help from Tax point of view in future. If you are not having your name on the property, then the money you are giving would be loan or gift and needs to have the right paper work If its a gift you can't have it back. Your sister would have to make a gift back to you later whenever you want out. So it can really be complicated and it would be worth the money you spend on lawyer
I guess most banks will not have an issue with that arrangement. The bank take collateral in the house for the amount your girlfriend needs to borrow, from her part of the house. Most likely the bank will accept the house' value as what you pay for it, assuming you pay fair market value - otherwise they will contact a valuation company to put a value of your new house. If they feel that her share of the house (50%) can cover her loan, they will definitely agree with the deal. You being a foreigner will, probably, have little to say in the matter, as long as you do not need to borrow money for your share of the house.
Once your sister and you make your first payments, you've paid $20,645, and your sister has paid $1400. But your sister also owes rent. Zeroth order estimate for rent is that it's equal to mortgage payment, so that's $2045 (I assume that $2045 is actually your total payment, not just your escrow payment. Unless I'm misunderstanding what the term means, $2045 is an absurdly high amount for a monthly escrow payment.) So your sister now has made a net capital contribution of ... negative $645. So you're giving your sister a gift of $7740 each year, and are the sole equity owner of the house. There's a $14000/year gift tax exclusion, and I think that both you and your husband can claim it separately, so every year you could declare your sister to have $20260 added to her capital contribution, or more if you're willing to pay gift tax. But as it stands, if there are any losses from the property, they will be borne exclusively by you; therefore, any profits should be enjoyed exclusively by you. Any other arrangement is you giving a gift to your sister. If the price of the house were to shoot up to $1,000,000 after a year, and you were to split the profits with your sister 50:50, and not pay a gift tax, you WOULD be violating tax law.
It depends on the bank - In some cases(mine included :) ) the bank allowed for this but Emma had to sign on a document waiving the rights for the house in case the bank needs to liquidate assets in to recover their mortgage in case of delays or non-payment of dues in time. This had to be signed after taking independent legal advice from a legal adviser.
Banks worry that the large gift might be a loan that is ultimately expected to be repaid. If so, that affects the cash flow of the recipient, and makes it more difficult to make the mortgage payments to the bank.  In some cases, of course, it is an informal loan: Dad advances a large $X to son to use as a downpayent, but does not charge interest and the expectation is that the money will be returned in smaller chunks as and when the son can afford to repay Dad.   In some cases, Dad truly means it as a gift, but son feels an obligation to repay the money, if not explicitly, then by paying for the first few months of Dad's nursing home stay, etc.  So, banks like to have an explicit document such as a copy of a letter from Dad saying that this money is a gift, and some assurance that this is on the up and up.   If the amount is larger than the maximum gift that can be given each year without having to file a gift tax return, then some assurance that a gift tax return will be filed is helpful. Mentioning this in the letter is good: it indicates that there are no secret handshakes or secret agreements to the effect that this is in fact a loan, with or without regular repayments.
This answer is specifically for the UK, but one building society has an account set up specifically for this. You actually refer your friend/family member to set up an account and then it can be linked to your mortgage. They don't get any interest for their account as it's all offset against your mortgage. If you then happen to give them a cash gift (up to £250 or possibly £3000 per year, I can't work out which is the reliable number, as of 2015) then it's all completely above board.