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Gift Letter For Down Payment for Philippines

Gift Letter For Down Payment Template for Philippines

A Gift Letter For Down Payment is a formal document used in the Philippines to officially declare and document a monetary gift intended for use as a down payment on a property purchase. The document complies with Philippine Civil Code provisions regarding donations and gifts, as well as relevant banking regulations and anti-money laundering laws. It serves as legal proof that funds provided for a property down payment are indeed a gift with no expectation of repayment, which is crucial for mortgage lenders and property transactions. The document includes specific declarations about the gift amount, relationship between parties, source of funds, and clear statements about the non-repayment nature of the transaction.

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What is a Gift Letter For Down Payment?

The Gift Letter For Down Payment is a crucial document in Philippine real estate transactions where property buyers receive financial assistance from family members or other donors for their down payment. This document is typically required by banks and financial institutions as part of mortgage loan applications to verify that the down payment funds are genuinely gifted and not borrowed money that would create additional debt obligations for the buyer. The letter must comply with Philippine Civil Code provisions on donations, National Internal Revenue Code requirements for gift taxation, and Anti-Money Laundering Act regulations regarding fund transfers. It's commonly used when parents help their children purchase property, or in other situations where significant monetary gifts are involved in property transactions. The document provides protection for all parties involved - the donor, recipient, and lending institution - by clearly establishing the terms and nature of the financial gift.

What sections should be included in a Gift Letter For Down Payment?

1. Date and Place: Current date and location where the letter is executed

2. Recipient Information: Name and address of the financial institution or mortgage lender

3. Donor Information: Full legal name, address, and contact information of the person giving the gift

4. Recipient (Donee) Information: Full legal name, address, and contact information of the person receiving the gift

5. Gift Amount Declaration: Specific amount being gifted, written in both numbers and words

6. Property Information: Details of the property for which the down payment is being gifted

7. Relationship Statement: Declaration of the relationship between donor and recipient

8. No Repayment Statement: Clear statement that the money is a gift and not a loan requiring repayment

9. Source of Funds Declaration: Statement explaining the legitimate source of the gifted funds (required by Philippine anti-money laundering regulations)

10. Signature Block: Space for donor's signature, printed name, and date

What sections are optional to include in a Gift Letter For Down Payment?

1. Witness Section: Section for witnesses to sign, recommended when the gift amount is substantial

2. Notary Section: Section for notarization, recommended for gifts exceeding certain amounts or when required by the financial institution

3. Tax Declaration: Statement acknowledging awareness of potential tax implications, recommended for large gifts

4. Spouse Consent: Required if the donor is married and the gift is coming from conjugal property

5. Additional Terms and Conditions: Any specific conditions attached to the gift, if applicable

What schedules should be included in a Gift Letter For Down Payment?

1. Proof of Funds: Bank statements or other documentation showing the source of gifted funds

2. Identification Documents: Copies of valid government IDs of the donor and recipient

3. Marriage Certificate: If spouse consent is included, copy of marriage certificate of donor

4. Tax Compliance Documents: Any relevant tax clearances or certificates if required for large gifts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Mortgage Document

Cost

Free to use
Relevant legal definitions




















Clauses















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Real Estate

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Mortgage Loan Officer

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Banking Compliance Officer

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