Is giving my girlfriend money for her mortgage closing costs and down payment considered fraud?
"With the standard ""I am not a lawyer"" disclaimer, consider this question: If you and your girlfriend split up sometime after purchasing the house but before getting married, would you expect her to repay you for the closing costs and downpayment?  That is, if you write her a check for $5k, and 6 months after she signs the papers for the house one of you decides to break up with the other, would you expect her to write you a check for $5k in return?   That is the difference between ""a gift"" and ""a loan disguised as a gift"".  If the answer is no, you don't expect it back, then everything is fine and you're in the clear - it's perfectly legal to give someone money.  If the answer is yes, you would want to be ""paid back"", then it's not a gift and you run the risk of running afoul of the regulations.   With respect to a previous answer about ""gifting money that is not taxed"", in the US one person can give another up to $14,000 without worrying about gift taxes, and even in the event that you exceed that amount, the excess would simply eat into the lifetime exemption of $5,250,000.  (Individual states may have different rules and exempt amounts that would apply to state taxes.)   Please also consider the income issue for your ""rental agreement"".  Your GF would be expected to declare that amount and pay income tax on it as a business.  She might also declare part of that amount as expected income for purposes of securing the loan, but that may run into its own issues (you're not a roommate, and presumably the home is not a duplex or set up as apartments, and presumably she would not offer a similar deal to someone other than you)." When you purchase a mortgage, you have to prove the source of your down payment.  Primarily this is so that the mortgage lender knows that there are no other outstanding liens against the property.  If you show that some or part of your down payment was a gift, there is no fraud, but it may affect your qualification for the mortgage. Consult a lawyer in your area to determine if there is a legal way to gift the money that is not taxed.  If all else fails you could just pay the tax.  Also, you should research whether your gift is above the floor of taxable gifts. "you have 2 concerns: the lender and the irs. either way you should be fine the lender just wants to know that you have no legal claim to the property or other compensation. simply signing a gift declaration should clear that up, making this a ""gift"" from their perspective.  they probably have some standard form you can sign. otherwise, just a simple note that says ""i, so-and-so, gave whats-er-name x$ on the y of june, 20## as a gift, with no expectation of repayment"".  then, only way you could get charged with ""fraud"" is if you seek compensation for this ""gift"" in the future.  even then, the bank would probably have to find out about the compensation and complain pretty strongly to get a prosecutor interested in a small dollar misrepresentation case with little or no provable intent. a bigger concern is the bank being uncomfortable with the future renter also giving a gift. that just ""smells weird"". and bankers hate anything weird. it probably won't prevent the mortgage from getting approved, but it might delay the underwriters a few days while the wring their hands about it. the irs is a bit more complicated. they tend to be the ""heads we win, tails you lose"" types.  assuming they consider this a gift, then you are fine, since it is under the annual gift exclusion (~14k$ these days); you don't even have to tell them about it.  however, if she gives you a large financial gift in the near future, they may decide to interpret those two events as a single transaction turning this into a no interest loan. even then, you should be fine since the irs generally doesn't care about loans under 100k$ with ""missing"" interest under 1k$/yr. since this is a small loan and interest rates are so low, you have no worries. further irs reading on gift loans: https://www.law.cornell.edu/uscode/text/26/7872" It's a gift if there are no strings attached. If you are rationalizing it to try to make it a gift for tax or any other purpose when there really is a connection between the transactions, or when you expect any kind of value or benefit in return for it, then it's not a gift... don't make it one and don't call it one. That would indeed likely be fraud. Play be the rules and sleep easy, is how I like to live. "Sheesh, are people kidding here? It's a gift. It's not fraud. Just keep in mind that, because it's a gift, you cannot get it ""back"" if you break up--you are giving it to her. If you happen to get married at some point in the future, you will then own part of the apartment, but that is a completely separate matter. Give her the money, don't expect it back. Ever." The issue here is that the transaction (your funds to her account) looks very similar to the rent payments which you plan to make in the future. Those rental payments (if deemed to be commercial) would normally be subject to tax. Consider the scenario where rather than an up front $5000, and $5000 over 2 years, you paid her $10000, and paid no rent. That might be an attempt to avoid paying tax. A commercial transaction can't be re-labeled as a gift just based on your election - the transaction needs to be considered as a whole. However, an interest free, unsecured loan connected with you paying rent at market rate would be (depending on local laws) simply foolish (to some extent). I don't think you are able to structure the transaction as a joint purchase (since the mortgage will prevent her from allocating a part of the property to you). Its also likely that you can live in her house and contribute an adequate amount to the household costs without creating a taxable income for her. For example in the UK, up to ~£4000 pa rental income generated from the property in which you reside does not need to be declared. You need to identify the scenarios where your particular arrangement could be imagined as resulting in a taxable or potentially taxable event - then make sure you are not avoiding those events just by choosing how you label the events. Regarding the mortgage company, they will want to know where the down payment came from, and as long as you are honest about it, there is no fraud. It's possible that the mortgage company may have some reservations about the deal now that they know where the down payment came from, but that will depend on the size of the deal and other factors. If everyone involved has decent credit, and this is a fairly standard mortgage, it will probably have no impact at all. Omg, the answer is easy. Tell the TRUTH, and nothing is fraud. Down payment gifts are SOP's, and every lender works with that. EACH lender has their own rules. Fannie May and Freddie Mac could care less, and FHA and VA backed loans allow for full gifting unless the buyer's credit is below the standard 620, then 3.5% must come from the buyer. Standard bank loans want to know the source of the down payment for ONE REASON ONLY: to know if the buyer is taking ON A NEW DEBT! The only thing you will need do is sign a legal document stating the entire down payment is a gift.  That way the bank knows their lendee isn't owing a new substantial debt, and that there aren't two lenders on the house, because should she default, the bank will have to pay you back first off the resale. Get it? They just want to know how many hands are in the fire. There is not any fraud involved. Anybody can gift money to another person. "There are several areas of passive fraud by being unclear on what you are doing.  When a citizen buys a house, the mortgage lender wants all the details as to how the buyer rounded up the money.  That is so they can use their own formulas to assess the buyer's creditworthiness and the probability that the buyer will be able to keep up on payments, taxes and maintenance; or have they overextended themselves. The fraud is in the withholding of that info. By way of tricking them into making a favorable decision, when they might not have if they'd had all the facts.  Then there's making this sound all lovey-dovey, good intentions, no strings attached, no expectations. You're lying to yourself.  What you've actually done is put money between yourselves, because you have not laid down FAIR rules to cover every possibility.  You're not willing to plan for failure because you don't want to admit failure is possible, which is vain.  Once you leap into this bell jar, the uncertainty of ""what happens if..."" will intrude itself into everyone's thoughts, slowly corroding your relationship.  It's a recipe for disaster.  That uncertainty puts her in a very uncomfortable position.  She has to labor to make sure the issue doesn't explode, so she's tiptoeing around you to avoid fights.  Every fight, she'll wonder if you'll play the breakup card and threaten to demand the money back.  The money will literally come between you. This is what money does.  Thinking otherwise is a young person's mistake of inexperience.  Don't take my word on it, contact Suze Orman and see what she says. Your lender is also not going to like those poorly defined lovers' promises, because they've seen it all before, and don't want to yet again foreclose on a house that fighting lovers trashed.  (it's like, superhero battles are awesome unless you own the building they trashed.)  This thing can still be done, but to remove this fraud of wishful thinking, you need to scrupulously plan for every possibility, agree to outcomes that are fair and achievable, put it in writing and share it with a neutral third party.  You haven't done it, because it seems like it would be awkward as hell - and it will be! - Or it will test your relationship by forcing direct honesty about a bunch of things you haven't talked about or are afraid to - and it will! - And to be blunt, your relationship may not be able to survive that much honesty.  But if it does, you'll be in much better shape.   The other passive fraud is taxes.  By not defining the characteristics of the payment, you fog up the question of how your contribution will be taxed (if it will be taxed). A proper contract with each other will settle that.  (there's an argument to be made for involving a tax advisor in the design of that contract, so that you can work things to your advantage.)  As an example, defining the payment as ""rent"" is about the worst you could do, as you will not be able to deduct any home expenses, she will need to pay income tax on the rent, but she can cannot take landlord's tax deductions on anything but the fraction of the house which is exclusively in your control; i.e. none."
"The seriousness of your situation depends on whether your girlfriend was owed a refund for each tax return she failed to file, or whether she owed additional money. If she owed money on one or more of the tax returns she failed to file, stop! It is time to consult a lawyer. At the very least, you need to contact an accountant who specialises in this sort of thing. She will owe interest and penalties, and may be liable for criminal prosecution. There are options available and lawyers who specialise in this sort of thing (e.g. this one, from a simple google search). If she is in this position, you need professional help and you need it soon, so you can make a voluntary disclosure and head off criminal prosecution. Assuming the taxes are fairly simple, you are likely looking at a few thousand dollars, but probably less than $7,500, for professional help. There will be substantial penalties assessed as well, for any taxes owing. If you wait until the CRA starts proceedings, you are most likely looking at $10,000 to $50,000, assuming the matter is not too complicated, and would be facing the possibility of a jail term not exceeding five years. If she was due a refund on every single one of the tax returns she failed to file, or at least if she did not owe additional money, you are probably in a situation you can deal with yourself. She will want to file all of the tax returns as soon as possible, but will not be assessed a penalty. I have personally filed taxes several months late a number of times, when I was owed a refund. You may still want to consider professional help, but it is probably not necessary. Under no circumstances should she allow her father near her finances again, ever. You should also be careful to trust any responses to this question, including my response, because we are unlikely to be professional accountants (I certainly am not). You are well outside the abilities of an H&R Block ""accountant"" in this matter and need a real certified accountant and/or a lawyer who specialises in Failure To File cases." "See ""Structuring transactions to evade reporting requirement prohibited."" You absolutely run the risk of the accusation of structuring. One can move money via check, direct transfer, etc, all day long, from account to account, and not have a reporting issue. But, cash deposits have a reporting requirement (by the bank) if $10K or over. Very simple, you deposit $5000 today, and $5000 tomorrow. That's structuring, and illegal.  Let me offer a pre-emptive ""I don't know what frequency of $10000/X deposits triggers this rule. But, like the Supreme Court's, ""We have trouble defining porn, but we know it when we see it. And we're happy to have these cases brought to us,"" structuring is similarly not 100% definable, else one would shift a bit right."" You did not ask, but your friend runs the risk of gift tax issues, as he's not filing the forms to acknowledge once he's over $14,000." "Disclaimer: I am a law student, not a lawyer, and don't claim to have a legal opinion one way or another. My answer is intended to provide a few potentially relevant examples from case law in order to make the point that you should be cautious (and seek proper advice if you think that caution is warranted). Nor am I claiming that the facts in these cases are the same as yours; merely that they highlight the flexible approach that the courts take in such cases, and the fact that this area of law is complicated. I don't think it is sensible to just assume that there is no way that your girlfriend could acquire property rights as a rent paying tenant if arranged on an informal basis with no evidence of the intention of the arrangement. One of the answers mentions a bill which is intended to give non-married partners more rights than they have presently. But the existence of that bill doesn't prove the absence of any existing law, it merely suggests a possible legal position that might exist in the future. A worst-case assumption should also be made here, since you're considering the possibility of what can go wrong. So let's say for the sake of the argument that you have a horrible break up and your girlfriend is willing to be dishonest about what the intentions were regarding the flat (e.g. will claim that she understood the arrangement to be that she would acquire ownership rights in exchange for paying two thirds of the monthly mortgage repayment). Grant v Edwards [1986] Ch 638 - Defendant had property in the name of himself and his brother. Claimant paid nothing towards the purchase price or towards mortgage payments, but paid various outgoings and expenses. The court found a constructive trust in favor of the claimant, who received a 50% beneficial interest in the property. Abbot v Abbot [2007] UKPC 53, [2008] 1 FLR 1451 - Defendant's mother gifted land to a couple with the intention that it be used as a matrimonial home. However it was only put into the defendant's name. The mortgage was paid from a joint account. The claimant was awarded a 50% share. Thompson v Hurst [2012] EWCA Civ 1752, [2014] 1 FLR 238 - Defendant was a council tenant. Later, she formed a relationship with the claimant. They subsequently decided to buy the house from the council, but it was done in the defendant's name. The defendant had paid all the rent while a tenant, and all the mortgage payments while an owner, as well as all utility bills. The claimant sometimes contributed towards the council tax and varying amounts towards general household expenses (housekeeping, children, etc.). During some periods he paid nothing at all, and at other times he did work around the house. Claimant awarded 10% ownership. Aspden v Elvy [2012] EWHC 1387 (Ch), [2012] 2 FCR 435 - The defendant purchased a property in her sole name 10 years after the couple had separated. The claimant helped her convert the property into a house. He did much of the manual work himself, lent his machinery, and contributed financially to the costs. He was awarded a 25% share. Leeds Building Society v York [2015] EWCA Civ 72, [2015] HLR 26 (p 532) - Miss York and Mr York had a dysfunctional and abusive relationship and lived together from 1976 until his death in 2009. In 1983 Mr York bought a house with a mortgage. He paid the monthly mortgage repayments and other outgoings. At varous times Miss York contributed her earnings towards household expenses, but the judge held that this did ""not amount to much"" over the 33 year period, albeit it had helped Mr York being able to afford the purchase in the first place. She also cooked all the family meals and cared for the daughter. She was awarded a 25% share. Conclusion: Don't make assumptions, consider posting a question on https://law.stackexchange.com/ , consider legal advice, and consider having a formal contract in place which states the exact intentions of the parties. It is a general principle of these kinds of cases that the parties need to have intended for the person lacking legal title to acquire a beneficial interest, and proof to the contrary should make such a claim likely to fail.  Alternatively, decide that the risk is low and that it's not worth worrying about. But make a considered decision either way." A bank is putting money on the line for you when they loan you money, which is not something they have to do. Not telling them what you intend to do with the money they are giving you, when asked, is fraud, which if you are caught will put you into very deep trouble. I'm not going to speculate on the nature of your relationship with your wife, but the fact that you are worried about what would happen in the event of a divorce is a bit concerning.  Presumably you married her with the intent of staying together forever, so what's the big deal if you spend 50k upgrading the house you live in, assuming you won't get divorced? Now, if you really are worried about something happening in the future, you might want to seek legal advice about the content of the prenup.  I am guessing if the 400k were your assets before marriage, you have full claim to that amount in the event of a divorce*.  If you document the loan, or make some agreement, I would think you would have claim to at least some of the house's appreciation due to the renovations if they were made with your money*. *obligatgory IANAL "I am not aware of any place that the tax forms ask, ""How many people live in your house?"" They ask how many dependants you have, and not everyone who lives in your house is your dependant. There are very specific rules about that. If your girlfriend is being claimed as a dependent on her parents' tax return, then she cannot also be claimed on anyone else's return, and there's no need to investigate further. To claim someone as a dependent, they have to meet a number of conditions. I am not a lawyer. See IRS Publication 17. But the gist of it is that they must, (a) either be a relative (there's a list of what sorts of relatives qualify) or live with you all year; (b) Living with you must not violate local law; (c) Must make less than $4000 per year; and (d) You must provide over half of their support. Your girlfriend may meet the ""live with you all year"" or maybe not. But the real stumper is likely to be (d). Unless your parents are paying her tuition, they almost certainly don't meet this test." If it's real, it's illegal. She needs someone to be a middle man who transfers money and doesn't ask questions. The list of possible reasons should be plenty obvious and range anywhere from fraud to terrorism.  There are thousands of ways to get already transferred money back from your account. If the source of the money is some kind of fraud that's only detected 2 years later, someone will ask you for the money back in 2 years. If real people who operate within legal and moral boundaries want to pay someone, they do not ask someone on Facebook to do it for them. "That wasn't an ""inheritance"" that arrived out of the blue and the ""bank"" contacted your girlfriend by email, was it? A UK tax code is basically an assessment of how much money you can earn in the UK before you have to pay tax on it - basically it's a coding for a tax allowance and as a UK tax payer HMRC (the UK version of the IRS) gives you one for free. If your girlfriend is not a UK tax payer she should get the necessary paperwork to show that she isn't, although I'm not sure if that's got any bearing on inheritance tax. There are no lawyers involved in that process normally, any appropriately accredited accountant can do that for you in the UK if you're not in the UK. When I had to apply for a change of tax status in the UK it certainly didn't cost me $9.6k to do so via my accountant there. In fact the whole thing cost a few pounds to pay for my accountant's time and that was it. In fact, that whole thing smells fishy to me as someone who used to live in the UK. Care to divulge the name and possibly address of the bank? Here's inheritance tax information straight from the horse's mouth. That should clear up any questions if your girlfriend is even liable for any inheritance tax in the UK in the first place. And then, given the sums involved, get the recommendation for a good lawyer and a good accountant in the UK (or an accountant who can recommend a lawyer) to make sure that that end of the transfer goes smoothly." A non-cash transaction will not be a problem. The bank will have to fill out federal paperwork if there are large amounts of cash involved.  This is to stop the underground economy.  This can even extend to non-banks. If you were to walk into a car dealer or some other stores and hand them a bag  of cash they will also report it. You can do what you propose without having to transfer any money between accounts. Your girlfriend can put the furniture and landscaping on her credit card, or write checks to the stores or companies. Based on the number of questions on this site regarding how to transfer funds between banks and accounts, the mechanics of the transfer is the hard part. Resist the urge to use cash to make the transfer. That will require paperwork. Many people find that the old standard of using checks to transfer funds is easy, safe and quick. What you are doing is unethical and illegal but is very hard to catch and prosecute. The key thing for an unethical person to think about here is insurance.  For most government incentive programs you have to have the intention to live there. It is extremely hard to prove intent - unless you ask this question under your name on a public forum that is archived by many search engines and maintains a log of all changes.  For other folks, it is common for them to claim that they intended to take residence but were surprised that their finances didn't work the way they anticipated. Still, as long as the bank is paid, it is unlikely that they will investigate. However, what happens if there is a major repair needed? You have insurance -  because your bank has asked for proof of insurance before they will give a mortgage. That insurance is for an owner occupied building, which you do not have.  Your insurance will inspect your claim. If the circumstances do not match what you are insured for because you have lied to the insurance company, they will not pay your claim - which they are entitled to do.  You are operating uninsured with tenants. This is a hidden risk you may not be considering. Tenants do not treat property with the same care as an owner - this is why they are insured differently. You are now paying for insurance that you will have a difficult time ever filing a claim on.   In addition, if something were to happen that makes it time to claim the insurance value so that you can pay off the mortgage, the insurance company will investigate. They may very easily refuse to pay your fraudulent claim. They may refer you to the police for insurance fraud. The bank will want their money. If they discover that you were not occupying the property, they may just foreclose.  They may also notify the government that you were not occupying the property, at which point some one might search and find that you were showing intent to defraud the program out of money that is free for you but gotten through deception. Consider a less risky unethical path like telling people you've been locked out of your car and just need a little money to pay the locksmith to open it. You promise to pay them right back once you get in your car where your wallet is. Then take their money and go find another sucker. It's ethically equivalent and you are much less likely to go to jail. However you have to face the people you are deceiving for money, so you may feel less comfortable.  Good luck making your decisions! Unless the taxes are above 3000 per year it looks like a good deal to buy (the 30 year mtg) You could also consider getting the 30 year loan and add additional principal to your payments.   It looks like your PMI might be about $50 per month.   You will get to deduct over $3000 in interest payments the first year as well as the real estate taxes. Depending on your tax rate that might be something like $100 per month or so of incentive to chose buying over renting.   The big issue to consider is the risk of big ticket items to repair. You should keep a fund for this kind of thing... water heater, roof, fridge, cesspool, etc. good luck "Maybe a bit off topic, but I suggest reading ""Rich Dad Poor Dad"" by Robert Kiyosaki. An investment is something that puts money to your pocket. If your properties don't put money to your pocket (and this seems to be the case), then they're not an investment. Instead, they drain money from you pocket. Therefore you should instead turn these ""investments"" into real investments. Make everything to earn some money using them, not to earn money somewhere else to cover the loses they create. If that's not possible, get rid of them and find something that ""puts money into your pocket""."