Skip to main content
SensibleandHourly
Level 6
April 12, 2024
Question

Can Mom gift dollars to son to care for her?

  • April 12, 2024
  • 4 replies
  • 22 views

HI everyone, 

Nothing like a last-minute client today. 

So, customer quit his job last year to take are of elderly mother with onset dementia. He claims that Mom wanted him to take 1k/week to replace his income and he does have a POA for financial and medical. They want me to do Mom's taxes, and everything seemed very above board and transparent. I met Mom, and customer's spouse. My question is, can this customer gift himself and his spouse 17k from Mom, or is it better to claim these dollars as income? She moved into their home full-time last May, so Mom's assets have paid the customer approximately 28k for 2023. 

Thank you!! 

 It's almost the 15th, 

Dawn 

This topic has been closed for replies.

4 replies

dkh
Level 15
April 12, 2024

Are they saying it's a gift ? 

 

sjrcpa
Level 15
April 12, 2024

Does his POA permit making gifts?

The more I know the more I don’t know.
qbteachmt
Level 15
April 13, 2024

"My question is, can this customer gift himself and his spouse 17k from Mom, or is it better to claim these dollars as income?"

With a full powers POA, he can just take it all. But, the gift limit (to each) is not going to cover "take 1k/week" and they are losing out on Social Security credits, if that matters. So, what about that shortfall?

"They want me to do Mom's taxes"

You could look into Mom having hired "household help."

"She moved into their home full-time last May, so Mom's assets have paid the customer approximately 28k for 2023."

And is she a dependent for them, or covering her own costs? She would contribute to the general costs to run the household (utilities, food, etc) and her lodging and personal effects (clothes, etc) as well as any personal direct costs (medical, etc). Are they doing Both? Charging her rent, room and board, personal maintenance, and also "wages?"

Don't yell at us; we're volunteers
SensibleandHourly
Level 6
April 13, 2024

Good morning, 

These are great questions. No, she is past the point of being able to say it is a gift. And I will double-check the POA language to verify that gifts are allowed. My understanding is the dollars were to compensate him for his time in taking care of her, since he is now unemployed. She does not contribute to the household per se. They are not charging her rent, but she does pay her own medical and personal costs. I can see I need to ask more questions. 😉 

sjrcpa
Level 15
April 13, 2024

"the dollars were to compensate him for his time in taking care of her"

That's not a gift.

The more I know the more I don’t know.
BobKamman
Level 15
April 13, 2024

What's missing from this discussion is whether there are any siblings and, if so, how they feel about it.  

Withdrawals from the Bank of Mom are clearly not gifts, but the issue for you is whether they are some form of taxable compensation.  Some of it appears to be sharing of household expenses.  The rest of it falls into a gray area of family transactions that are overlooked most of the time. 

SensibleandHourly
Level 6
April 15, 2024

Agree with the consensus that gifts are problematic. And, yes, there are siblings who are not recognized on the either POA and may question everything!!! 

Which is why I reached out to the community for a variety of perspectives on this one. 😉