Gifts of Real Property in Illinois
Gift deeds convey title to real property from one party to another with no exchange of consideration, monetary or otherwise. Often used to transfer property between family members or to gift property as a charitable act or donation, these conveyances occur during the grantor's lifetime. Gift deeds must contain language that explicitly states that no consideration is expected or required. Ambiguous language or references to any type of consideration can make the gift deed contestable in court.
A lawful gift deed includes the grantor's full name and marital status, as well as the grantee's full name, marital status, vesting information, and mailing address. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or co-ownership. For Illinois residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by the entirety. An estate conveyed to two or more unmarried persons is considered a tenancy in common, unless otherwise specified (765 ILCS 1005/1). A conveyance to a married couple vests as tenancy by entirety unless otherwise specified (765 ILCS 1005/1c).
As with any conveyance of realty, a gift deed requires a complete legal description of the parcel. Recite the source of title to maintain a clear chain of title, and detail any restrictions associated with the property. In Illinois, if the signer is not personally known to the notarial officer, a witness must acknowledge and sign the deed (765 ILCS 5/24). All signatures must be original.
In Illinois, most conveyances of real property are subject to a Real Estate Transfer Tax and require a Real Estate Transfer Declaration (Form PTAX-203). However, because a gift deed transfers real property from one party to another with no exchange of valuable consideration, this type of conveyance is exempt from the tax and does not require a declaration (35 ILCS 200/31-45e). Record the completed gift deed with the recorder's office where the subject property is located. Contact the same office to confirm recording fees and accepted forms of payment.
With gifts of real property, the recipient of the gift (grantee or donee) is not required to declare the amount of the gift as income, but if the property accrues income after the transaction, the grantee is responsible for paying the requisite state and federal income tax .
In Illinois, there is no state gift tax. Gifts of real property in Illinois are, however, subject to the federal gift tax. The person or entity making the gift (grantor or donor) is responsible for paying the federal gift tax; however, if the donor does not pay the gift tax, the donee (grantee) will be held liable . For questions regarding state and federal tax laws, consult a tax specialist.
In accordance with federal law, individuals are permitted an annual exclusion of $15,000 on gifts. This means that gifts valued below $15,000 do not require a federal gift tax return (Form 709). Even so, donors should consider filing one for many gifts of real property .
This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact an Illinois lawyer with any questions about gift deeds or other issues related to the transfer of real property.
Deeds.com Illinois Gift Deed Forms Have Been Updated as Recently as Wednesday June 24, 2020
What others like you are saying:
Roger G. said: Straight to the point and easy to use site.
Reply from Staff: Thank you!
Charles R. said: No review provided.
Reply from Staff: Thank you for your review. Have a fantastic day!
Barbara E. said: Fast efficient, just what I needed.
Reply from Staff: Thank you so much Barbara. We appreciate your feedback.
Frank C. said: It was easy
Reply from Staff: Thank you Frank.
RAYMOND W. said: Thank you for the comprehensive forms - very much appreciated!
Reply from Staff: Thank you Raymond.
Norbert C. said: Great resource and everything went smoothly except email was performed through autofill prompted by the system but the autofill added a letter that gave wrong email. I can still sign in with wrong email since the system recognizes it as mine even though it is wrong. May be my fault and not the system since I did not catch the discrepancy in time. I would suggest a field that allows a correction to any misinformation prior to signing out from the initial sign on. Still think it is a great resource if all documents are processed and accepted by the pwers to be. Thanks.
Reply from Staff: Thank you!
Select County where the property is located.