The IRS does not consider the gift of money for a down payment as taxable income for the recipient. A special tax statement is required to determine if any value exists.The tax exemption is for the value of the lien and does not include any equity of value. California doesn't enforce a gift tax, but you may owe a federal one. Are there tax consequences for down payment gift funds? The IRS taxes gifts made over a certain dollar amount. A gift letter must contain the donor's name, the gift's value, confirmation that the gift is not to be repaid, and the donor's signature. For additional information regarding this exclusion, contact our office at (925) 313-7400. Additionally, many transfers are subject to Documentary Transfer Tax and some may trigger an IRS gift tax or other legal consequences. The general rule is that any gift is a taxable gift.