In 2011, I purchased a car for over 25K in cash. A few days later, I decided to give it to a relative who needed a car. We visited the dealership and signed paperwork to transfer the ownership (I wish to make ... the legal owner of this vehicle and registered owner. Please cancel the original deal with myself as legal and registered owner and make ... the legal and registered owner). My question is if I do not report this deal as a gift to IRS, am I going to get into trouble or will this property transfer (which is in effect a gift) be reported to them?
PS: By cash, I mean writing a check on a bank account not hard cash.
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dcwilbur
Ancient Member
posted: Feb. 24, 2012 @ 8:53p
Okay, I'll agree to answer your question if you'll agree to tell me the real story.
BrunoB
Senior Member
posted: Feb. 24, 2012 @ 9:03p
dcwilbur said: Okay, I'll agree to answer your question if you'll agree to tell me the real story. This is the real story. I have an older car that runs great and purchased the newer car as a second car.
taxmantoo
Ancient Member
posted: Feb. 24, 2012 @ 9:39p
If you're married, then your wife and you each gifted half of a $25k car, and it's under the limit. If the recipient is married, then you gave half a $25k car to him and to his wife, and both gifts are under the limit.
Otherwise, you report it and take the hit against your unified credit.
BrunoB
Senior Member
posted: Feb. 24, 2012 @ 9:47p
I am single. My question is if I do not report, what is going to happen? Will this transaction be reported to IRS? Or will IRS find out about this transaction and could I be audited?
sayhey
Senior Member - 1K
posted: Feb. 24, 2012 @ 10:27p
BrunoB said: I am single. My question is if I do not report, what is going to happen? Will this transaction be reported to IRS? Or will IRS find out about this transaction and could I be audited?
You should report $12K as a taxable gift on IRS Form 709. Failure to report is tax evasion. You have to make the call for yourself. I wouldn't expect many here to advocate tax fraud_a willful act done with the intent to defraud the IRS.
Good Luck,
AugustFour
Senior Member - 1K
posted: Feb. 24, 2012 @ 10:42p
The tax code provides for an exclusion from gift of $13,000 in total gifts to each person during the year without the gift being a taxable gift. Gifts given to any person that exceed $13,000 are taxable gifts. A taxable gift first reduces the donor's lifetime credits against gift tax and estate tax. Once the gift tax credit of $5 million is used up, additional taxable gifts are required the donor to pay gift tax at rate of about 45%.
brettdoyle
Senior Member - 2K
posted: Feb. 24, 2012 @ 10:46p
How it going BrunoB???
Remember me???
I am your long lost cousin.
Did I mention my car broke down?
bigdinkel
Senior Member - 1K
posted: Feb. 24, 2012 @ 10:52p
Can I have a car? I need it for my "side" business.
Glitch99
Senior Member - 10K
posted: Feb. 25, 2012 @ 12:01a
BrunoB said: dcwilbur said: Okay, I'll agree to answer your question if you'll agree to tell me the real story. This is the real story. I have an older car that runs great and purchased the newer car as a second car.You didnt drop $25k on a new car, then decide to just give it away because you dont need it. Besides, you arent going to walk into a dealership a few days later and get them to change paperwork that has already been completed - at best you're going to get them to process an additional title/registration transfer from you to the other person, and you gifted a one-owner low-milage used car.
lastgaspjr
Senior Member
posted: Feb. 25, 2012 @ 12:14a
taxmantoo said: If you're married, then your wife and you each gifted half of a $25k car, and it's under the limit. If the recipient is married, then you gave half a $25k car to him and to his wife, and both gifts are under the limit.
Otherwise, you report it and take the hit against your unified credit.Since the gift exceeded $13k, even if you are married, you still have to file Form 709 and have your spouse consent to gift splitting in order to take advantage of this provision. You wouldn't owe any taxes.
lastgaspjr
Senior Member
posted: Feb. 25, 2012 @ 12:22a
BrunoB said: I am single. My question is if I do not report, what is going to happen? Will this transaction be reported to IRS? Or will IRS find out about this transaction and could I be audited?So your real question is "Can I break the law and not get caught?"
Look, you can give anyone $13k in gifts in 2011 and pay no tax. If married, you and your spouse can give $26k and pay no taxes. Even if you give more than this limit, there is no tax on the first $5 million in gifts you give during your life (in 2011 that increased from $1 million). Why on earth wouldn't you just fill out the stupid form and be legal rather than having to worry about the IRS catching you and audits and penalties and whatever?
BrunoB
Senior Member
posted: Feb. 25, 2012 @ 2:07a
Glitch99 said: BrunoB said: dcwilbur said: Okay, I'll agree to answer your question if you'll agree to tell me the real story. This is the real story. I have an older car that runs great and purchased the newer car as a second car.You didnt drop $25k on a new car, then decide to just give it away because you dont need it. Besides, you arent going to walk into a dealership a few days later and get them to change paperwork that has already been completed - at best you're going to get them to process an additional title/registration transfer from you to the other person, and you gifted a one-owner low-milage used car. It was the 2nd or 3rd day and they were still processing the sales. The car was leased. The document I signed was called STATEMENT OF FACTS. No additional title/registration transfer was needed. I had only to pay additional sales tax for a different City/County.
fw101
Silly Member
posted: Feb. 25, 2012 @ 2:16a
BrunoB said: It was the 2nd or 3rd day and they were still processing the sales. The car was leased. BrunoB said: In 2011, I purchased a car for over 25K in cash. PS: By cash, I mean writing a check on a bank account not hard cash. One is not the same as the other! Which is it?
BrunoB
Senior Member
posted: Feb. 25, 2012 @ 2:22a
uutxs said: BrunoB said: It was the 2nd or 3rd day and they were still processing the sales. The car was leased. BrunoB said: In 2011, I purchased a car for over 25K in cash. PS: By cash, I mean writing a check on a bank account not hard cash. One is not the same as the other! Which is it? The car was 2009 model and was a leased car (was used previously in its former life as a leased car). I wasn't leasing that car.
BrunoB
Senior Member
posted: Feb. 25, 2012 @ 2:29a
My original question is still not answered. We all know that "cost basis" is now officially reported to IRS by all brokers. I want to know if these gift transactions are also reported to IRS somehow. And how they can find out about these gift transactions.
SUCKISSTAPLES
FW Historian
posted: Feb. 25, 2012 @ 3:37a
No they aren't
BEEFjerKAY
Pics?
posted: Feb. 25, 2012 @ 1:38p
I'm still trying to figure out what a gifted car might be.
Does it mean it can do algebra in its head or that it's got a pair of really big ones.
Tiggerlgh
Member
posted: Feb. 25, 2012 @ 1:44p
The answer to your Question is Yes, you should report it, but you knew that before you posted this question.
BingBlangBlaow
Senior Member - 1K
posted: Feb. 25, 2012 @ 1:58p
BrunoB said: My original question is still not answered. We all know that "cost basis" is now officially reported to IRS by all brokers. I want to know if these gift transactions are also reported to IRS somehow. And how they can find out about these gift transactions.
Your original question is the subject. Yes.
AugustFour
Senior Member - 1K
posted: Feb. 25, 2012 @ 4:02p
NO they are not "actively" reported. But IRS may look into suspicious money, land, and other property transfer records in some cases. So the question to your answer is NO, which proves again that SUCKISSTAPLES is giving the correct advice!
consumerreports.org May 27, 2011
The Internal Revenue Service is looking at land-transfer records state-by-state for evidence of people neglecting to report within-family real-estate gifts.
This year, large family land gifts were popular because of a new tax rule that established $5 million as the amount someone can give in a lifetime before having to pay a gift tax. However, any property worth more than $13,000, gifted to one person, is still supposed to be reported to the IRS. To be precise, Form 709 reports U.S. gifts and generation-skipping transfer taxes.
The Wall Street Journal reported the IRS effort to find land gift data after examining a court document that the IRS filed in California in an attempt to gain access to information in that state. According to the document, the states that have given the IRS information on gift-like transactions include Connecticut, Florida, Hawaii, Nebraska, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, Virginia, Washington and Wisconsin.
According to that same document, the noncompliance rates in several of those states were as follows:
Wisconsin: 50 percent Connecticut and Nebraska: 60 percent Washington: 80 percent Florida and Virginia: 90 percent Ohio: 100 percent
BEEFjerKAY
Pics?
posted: Feb. 25, 2012 @ 4:22p
Tiggerlgh said: The answer to your Question is Yes, you should report it, but you knew that before you posted this question.
Whenever the IRS sends me a correspondence audit, I print out and send in a FWF thread where at least one random anonymous goof has affirmed my position.
Isn't that what everyone does?
SUCKISSTAPLES
FW Historian
posted: Feb. 25, 2012 @ 4:26p
His original question was if this type of transaction is reported to the IRS. The answer is no. You are supposed to report it yourself , a third party does not report it to the IRS .
That's very different from the IRS doing it's own inquiry. They can certainly do that, although the chances of them inquiring about this vehicle transaction are slim to none. Real property transfers are very different from car transfers, since most RE transfers exceed the annual gifting limit while most car transfers do not
BEEFjerKAY
Pics?
posted: Feb. 25, 2012 @ 4:32p
I'm thinking if the car was really all that gifted it could have answered the OPs question on its own.
edit: It would have been asking too much to expect the car to write the IRS.
Everyone knows cars don't have opposable thumbs.
vickssenn
Ancient Member
posted: Feb. 25, 2012 @ 4:41p
You plan to help out a relative in distress by offering them a car worth more than $25k? A better financial decision would be to buy them a used car and give them the remaining cash.
If I had to guess, a relative bought a car on your behalf but forgot about the gift tax during the purchase.
BEEFjerKAY
Pics?
posted: Feb. 25, 2012 @ 4:56p
Apparently it's now a gift-like car and no longer a gifted car.
Confirming my initial skepticism as to its intelligence. Or physical attributes.
BondGamer
Senior Member
posted: Feb. 25, 2012 @ 5:34p
I would be more worried about the dealership reporting you for a suspicious financial transaction. Buying cars to launder money is a big deal and states have all kinds of reporting laws for that. Unless this "relative" is in your immediate family, it is going to send up a red flag.
suezyque
Duct Tape Rules
posted: Feb. 25, 2012 @ 6:05p
This thread and the OP are BS.
BrunoB
Senior Member
posted: Feb. 25, 2012 @ 6:20p
suezyque said: This thread and the OP are BS. OK, it was my GF! LOL
BondGamer
Senior Member
posted: Feb. 25, 2012 @ 6:53p
Next topic by OP: "My girlfriend didn't love me, how do I get my car back?"
BrunoB
Senior Member
posted: Feb. 25, 2012 @ 7:01p
BondGamer said: Next topic by OP: "My girlfriend didn't love me, how do I get my car back?" I drew the line when she next asked for a condo.
jkimcpa
Senior Member - 5K
posted: Feb. 25, 2012 @ 7:12p
Why'd you give her title vs just letting her drive your car?
BrunoB
Senior Member
posted: Feb. 25, 2012 @ 7:18p
jkimcpa said: Why'd you give her title vs just letting her drive your car? Liability reasons in case of accidents, etc.
mmaf
Senior Member
posted: Feb. 25, 2012 @ 7:46p
simple answer is NO
Crazytree
Senior Member - 9K
posted: Feb. 25, 2012 @ 8:11p
A dealership helped you with DMV paperwork to do a subsequent transfer AFTER you purchased the car and they submitted the paperwork to DMV?
BS.
BEEFjerKAY
Pics?
posted: Feb. 26, 2012 @ 12:36a
BrunoB said: suezyque said: This thread and the OP are BS. OK, it was my GF! LOL
So, is your GF gifted?
skansiewicz
Dismembered Member
posted: Feb. 26, 2012 @ 10:15a
BrunoB said: jkimcpa said: Why'd you give her title vs just letting her drive your car? Liability reasons in case of accidents, etc.
Call the insurance company add her as a regular authorized driver.
You should do the same thing If you have a roommate or any other person who regularly uses your car.
BEEFjerKAY
Pics?
posted: Feb. 26, 2012 @ 3:49p
skansiewicz said: Call the insurance company add her as a regular authorized driver.
You should do the same thing If you have a roommate or any other person who regularly uses your car.
No. Actually you should tell your roommate you'll cut his nuts off if he touches your car.
The last thing you need is to have a claim on your insurance due to some goofball roommate.
The second worst thing you need is to have your insurance rates jacked up because your goofball roommate has a crappy credit score or driving record.
edit: If necessary, do the above while sharpening a large knife and idly musing about how thankful you were when your attorney was able to get them to accept anger management sessions in exchange for removing the arrest from your record.
BrunoB
Senior Member
posted: Feb. 26, 2012 @ 3:57p
BEEFjerKAY said: skansiewicz said: Call the insurance company add her as a regular authorized driver.
You should do the same thing If you have a roommate or any other person who regularly uses your car.
No. Actually you should tell your roommate you'll cut his nuts off if he touches your car.
The last thing you need is to have a claim on your insurance due to some goofball roommate.
The second worst thing you need is to have your insurance rates jacked up because your goofball roommate has a crappy credit score or driving record.
edit: If necessary, do the above while sharpening a large knife and idly musing about how thankful you were when your attorney was able to get them to accept anger management sessions in exchange for removing the arrest from your record. You xeroxed my mind! LOL
Skipping 11 Messages...
SUCKISSTAPLES
FW Historian
posted: Feb. 29, 2012 @ 10:21p
BrunoB said: BondGamer said: Next topic by OP: "My girlfriend didn't love me, how do I get my car back?" I drew the line when she next asked for a condom. Katoey?
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