[더오래]Father who donated house to son, may be investigated by the National Tax Service

Q Heo wants to give financial help to a child who wants to move ahead of his grandchildren’s elementary school entrance. A few years ago, Mr. Heo tried to enter a house that he gave to his children with a charter, but he was unable to prepare all the deposits to pay to the tenant. It’s been a while since the donation has passed, so if you help your child a little this time, you think there will be no problem. Is it really okay?

As house prices skyrocket, more and more parents are giving money to buy homes for their children who cannot afford financial conditions. [사진 pixabay]

A On the 2nd, the National Tax Service announced that it will perform tax verification on 1822 suspected evasioners in connection with the donation of houses. It is a content that strengthens tax verification for suspects who have anomalous tax evasion by analyzing the entire process before and after the donation, from the donor’s’acquisition’ to’gift’ and then’afterwards’ for home donation. As the National Tax Service has announced that it will thoroughly verify the taxation of all processes before and after donation, even if you have already given a gift like Mr. Heo, you should not be vigilant until the end.

In most cases, tax verification related to home donation is conducted for children who receive gift and report gift tax. The tax verification focuses on the legality of the gifted child at the donation stage, such as whether the gift amount and the previous gift amount have been summed up, whether the gift deduction has been redundantly received, the gift value has been properly evaluated, etc. .

However, according to the announcement of the National Tax Service this time, it will investigate not only the children who received the home but also the parents who gave the home if necessary. If the parent who donated the house was unclear when the source of the fund was unclear at the initial stage of acquiring it, it is necessary to be cautious as the tax may be collected by investigating the related information. In some cases, it can be expanded to an integrated survey on the business of the father who donated the house, and if the house is given in the name of the mother, who is a housewife, the source of the mother’s fund at the time of acquisition can be looked back.

Therefore, if the source of the funding of the parents to be donated is unclear, the donation to the child should be made more carefully.

Gift tax must be paid by the donor who received the gift with their own funds. If you have been given cash, you can pay the gift tax with the gifted cash, but it is often difficult to pay the gift tax if you are given real estate such as a house and your children have few deposits.

However, if the gift tax is paid for by the parents secretly, the gift tax is additionally levied as the gift is regarded as the gift of cash. This is because the National Tax Service is checking whether parents paid gift tax instead of children through tax verification.

In addition, taking into account the fact that the acquisition tax burden from gifting has increased a lot, it is necessary to be careful as it is possible to check whether the acquisition tax as well as the gift tax was paid directly by the child. If the acquisition tax was paid by the parents on their behalf, the gift tax is additionally collected as a gift.

If you do not have enough money to pay the gift tax after receiving the gift of a house, it is better to apply for annuity rather than paying the gift tax instead. This is because if you apply for annuity, you can spread the burden by distributing the gift tax for up to five years. One-sixth of the total gift tax is paid within the deadline for reporting and payment, and the rest is paid once a year by collecting the child’s monthly salary.

If the gift tax is paid on behalf of the parents secretly, it is regarded as the gift of cash and the gift tax is levied. [사진 pixabay]

Even after you have received or purchased a home, you must not forget that it is the subject of observation by the IRS. For example, if you are given a house and receive a’pay-as-you-go’ that carries debts, you need to be more careful.

If a donation is received as a condition of loan succession, the National Tax Service will closely check who is paying the actual principal and interest through follow-up management every year until maturity repayment. In the process, if it is revealed that the child did not repay interest or principal with his or her income and paid for it by the parents, the gift tax is levied as the gift is deemed to have been received.

The same is true for a burden-bearing gift given through a jeonse like Mr. Heo. If the child receives the help of Mr. Heo in the process of returning the deposit to the tenant for the child to enter and sending it out, this may also be considered as a gift and gift tax may be collected. It should be borne in mind that the National Tax Service is always watching through follow-up management until the point of repayment of the rental deposit deducted as a debt when donating a burden.

Such follow-up inspections can also be carried out in the process of releasing the tenant and entering the child after a certain period of time elapses after the child buys a house with a jeonse. It is difficult to think that it will be okay since it has been a long time since the child purchased the deposit, as it is also considering the source of the funds paid to the tenant.

The IRS continues to check the repayment of loans received by children from buying houses. If you repay your loan while your income is unclear or insufficient, you may be suspicious of the source of the funds. Even if it is claimed that a part of the house was borrowed from parents during the process of buying a house, the IRS continues to look into whether the principal and interest are properly repaid.

This is why you should not be vigilant until the end, even if you have been given a home or bought it for a long time.

Tax Accountant [email protected]