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.

What to 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? ›

Bottom Line. You can deposit a large cash inheritance in a savings account, either through a check or direct wire to your bank.

Do I have to report gifted money as income? ›

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.

What do banks do with physical cash? ›

They put most of the money in a local Federal Reserve Bank and keep the remaining cash in a vault. The vault helps banks provide customers with quick withdrawals while they earn interest on the money in a Federal Reserve bank.

Is a large cash gift considered income? ›

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

What are the restrictions on cash gifts? ›

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 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.

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

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.

Can I deposit a large amount of cash in a bank? ›

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 are the requirements for gift reporting? ›

A gift is reportable if its fair market value is $50 or more. In addition, multiple gifts totaling $50 or more received during the reporting period from a single source must be reported. It is the acceptance of a gift, not the ultimate use to which it is put, that imposes your reporting obligation.

What are the tax implications of being gifted money? ›

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. So you could give away the limit to several different people in a single year and still not have to file a gift tax return and possibly pay the gift tax.

Do I have to report money my parents gave me? ›

At the federal level, assets you receive as a gift are usually not taxable income. However, if the assets generate income in the future (for example, interest, dividends, or rent), such income will almost certainly be taxed.

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? ›

Put extra cash into your emergency fund.

Consider putting it in a high yield savings or money market account, which typically earn more interest than a traditional savings account.

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 more than $10000? ›

The first $10,000 is not assessed as it's in the 'gifting-free area'. The other $10,000 is assessed as a deprived asset for five years from the date of the gift.

Can my parents gift me $100000? ›

Can my parents give me $100,000? Your parents can each give you up to $17,000 each in 2023 and it isn't taxed. However, any amount that exceeds that will need to be reported to the IRS by your parents and will count against their lifetime limit of $12.9 million.

Can I give $100000 as a gift? ›

There is no limit to the number of recipients you can give a gift to. There is also a lifetime exemption of $13.61 million. Even if you gift someone more than $18,000 in one year, you will not have to pay any gift taxes unless you go over that lifetime gift tax limit.

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