State of __________ Rev.
133C96D
AFFIDAVIT OF GIFT
I hereby affirm under penalty of perjury, on this __________, that:
1. My name is __________ (the "Donor"). My date of birth is __________. I currently reside at
__________, __________, __________ __________. My social security number is __________.
My telephone number is __________.
2. I write this affidavit as evidence of the transfer of a gift to __________ (the “Donee”), who
currently resides at __________, __________, __________ __________.
3. The gift is __________.
4. On a one time basis I am transferring securities listed in the attached exhibit as a gift to the
donee.
______________________________
Donor’s Signature
______________________________
Donee’s Signature
Affidavit of Gift (Rev. 133C96D) 1/1
NOTARY ACKNOWLEDGEMENT
State of __________ )
) (Seal)
County of __________ )
The foregoing instrument was acknowledged before me this _______ day of __________________,
20_____, by the undersigned, __________, who is personally known to me or satisfactorily proven to me
to be the person whose name is subscribed to the within instrument.
_____________________________________
Signature
_____________________________________
Notary Public
My Commission Expires: ________________
Affidavit of Gift (Rev. 133C96D) 2/1
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GENERAL INSTRUCTIONS The Consequences of Not Having One
What is an Affidavit of Gift? The consequences of not having an affidavit of gift will
depend on the type of gift given. For example, the person
An Affidavit of Gift is a formal way of recording something receiving a car as a gift will be required to pay taxes on it
was given to another person as a gift. The affidavit is a as if it were purchased unless there is a valid affidavit of
sworn legal statement affirming a valuable item was gift.
voluntarily transferred from one person to another as a
present. For example, the gift given could be a car, boat, Gifts of cash or assets of up to $14,000 per person per
land, house, or money. year are exempt from federal taxes. Without an affidavit of
gift, you may be required to prove that the cash or assets
Typically, an affidavit of gift is required when the gift has were in fact a gift, or you will pay taxes on these items.
significant value or requires a title or deed transfer to Additionally, the gift could be potentially classified as a
complete the change in ownership. The purpose of an loan or sale.
affidavit of gift is to clearly state the intention of the gift
giver, to document that this process was not a loan or The Most Common Situations of Using One
sale, and declare that no other value was exchanged for
the item. Depending on the item given, the designation of The two most common situations for using an affidavit of
a gift may also be relevant at a state or federal level for gift are:
taxation, registration and other purposes. Common terms
used in an affidavit of gift include gift giver, donor, gift,
When transferring the title of a car to a family
value, recipient, and notary public.
member as a gift, or
As a reference, this document may also be referred to as
Giving a member of the family money to use for
Gift Affidavit or Gift Affidavit Form. the down payment of a home.
In both situations, if it is proven the assets were given as
When Do I Need One? a loan instead of a gift, and the affidavit of gift was used
solely to avoid taxes, both the donor and recipient could
An affidavit of gift is needed when a donor voluntarily be charged with fraud and may face prosecution.
gives a valuable item to someone else. It is most often
used when gifting a car or a significant amount of cash to What Should the Affidavit Include?
another person, usually a family member. It documents
that a donor acted voluntarily when giving the item and
was not forced in any way to do so. Affidavit of gift also An affidavit of gift is a simple and straightforward
serve as proof that the gift was not a loan, and therefore document. At a minimum, it should include:
the giver cannot demand its return, any payments, or
other compensation. Many states require an affidavit of Donor address
gift when a car is being transferred from one person to Donor information
another for no payment, or for an amount significantly less
Statement of gift
than the value of the car. A bank may also require an
affidavit of gift to document how a buyer is financing the Recipient information
down payment of a home. An affidavit of gift may also be Gift description
used in a divorce to prove what is, and is not, jointly Notary details
owned property.
Affidavit of Gift (Rev. 133C96D)
