Gift Affidavit

A Gift Affidavit is a sworn statement validating that something of value was given to a person as a gift and that no money changed hands.

Many people use a Gift Affidavit when they are gifted something of value, such as a house, a boat, an artwork, or a plot of land, to name a few. The document affirms that the original owner transferred the gift ownership to you without accepting money in return.

Moreover, this document states that the gift in question was not a loan, and you did not give anything in exchange.

What Is a Gift Affidavit?

There are several reasons for using a Gift Affidavit. Perhaps someone has gifted you a house or a valuable artwork. People also get a Gift Affidavit if the gift in question requires a title transfer, such as a vehicle.

The Gift Affidavit affirms it was indeed a gift and not a loan, and you did not obtain it in exchange for money or favor.

Although you do not always need a Gift Affidavit, the document becomes useful if there is ever a need to prove you are the gift owner. In the event of a divorce or, more commonly, when you have to file taxes, this statement may come in handy.

Without a Gift Affidavit, the court may adjudge the asset as a loan or a way to avoid paying taxes, which can result in both parties getting charged with fraud.

Other Names for Gift Affidavit

Depending on your state, a Gift Affidavit may also be known as:

• Affidavit of Gift
• Gift Affidavit Form

Who Needs a Gift Affidavit?

Any individual gifted a house, land lot, artwork, money, boat, or anything else of value should get a Gift Affidavit. In most cases, family members are the ones giving these gifts, but you should still consider getting a Gift Affidavit to prove a voluntary transfer of ownership. In most states, a Gift Affidavit or sales receipt is mandatory when a vehicle's ownership is transferred from one person before the vehicle can be registered to the new owner at the DMV.

Why Use Swyftfilings for Your Gift Affidavit

Customized for you, by you

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Outsourced Services Agreement.

Specific to Your Jurisdiction

Laws vary by location. Each document on Swyftfilings is customized for your state.

How to Create a Gift Affidavit with Swyftfilings

Creating a Gift Affidavit and protecting the asset received does not have to be a hassle, just so long as the document is accurate and thorough. Your best bet is to use the Gift Affidavit template on our website to generate your custom affidavit.

Let Swyftfilings help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Gift Affidavit

To create your document, please provide:

• Recipient Information: The legal name and contact info of the person receiving the gift.
• The Donor Information: The legal name and other info of the person transferring the ownership of an asset to the recipient.
• Sworn Facts: A statement of fact, at the threat of perjury, affirming that a donor voluntarily gave the asset to a recipient.
• Gift Details: In-depth information about the gift. It should include a description of the present, the value, and when the original owner gave it to the recipient. If the gift is a car, it should also contain the VIN (Vehicle Identification Number).
• Location: The place where the gift happens.
• Notary Information: The information of the notary public who will notarize the statement and signature.
• Signatures: Only the donor has to sign the affidavit, which has to happen in front of a notary public.

Gift Affidavit Terms

• Donor: A person who transfers the ownership of an asset to another.
• Donee: A person who receives a donated gift or asset.
• Asset: In the context of a Gift Affidavit, this is the gift in question.
• Value: In the context of a Gift Affidavit, this is the market value of the present.

Gift Affidavit Signing Requirements

Before signing the Gift Affidavit, review the statement to ensure everything is in order. Only the donor has to sign the document, though it is not uncommon for the donee to sign it, which has to be done in the presence of the notary public tasked with notarizing the document.

What to Do with Your Gift Affidavit

After both parties sign the statement, each should keep a copy of the document, especially the recipient. The affidavit can be used to prove the absence of tax liability (only up to the gift tax threshold in most cases) or that the asset was voluntarily given, as needed.

Depending on your state, a Gift Affidavit may also be known as:

If you need to formalize agreements and ensure legal compliance, this document is an essential tool.

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Gift Affidavit.

Laws vary by location. Each document on Swyft Forms is customized for your state.