Down Payment Gift Letter Template for South Africa

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Key Requirements PROMPT example:

Down Payment Gift Letter

"I need a Down Payment Gift Letter for my parents' gift of R500,000 towards my first home purchase in Cape Town, with the transfer scheduled for March 2025; they're gifting from their overseas account so we need to include foreign currency declarations."

Document background
A Down Payment Gift Letter is essential documentation when someone receives monetary assistance from a family member or other donor to make a down payment on a property in South Africa. This document is typically required by mortgage lenders and financial institutions to verify the source of funds and confirm that the money does not need to be repaid. The letter must comply with South African regulations, including the Financial Intelligence Centre Act (FICA) for anti-money laundering purposes and the Income Tax Act for potential donations tax implications. It serves multiple purposes: protecting the lender by confirming the down payment isn't an additional loan, providing clear documentation for tax purposes, and ensuring transparency in the property transaction process. The letter should be prepared before the mortgage application process and must include specific declarations about the gift's unconditional nature.
Suggested Sections

1. Letter Date and Address Block: Formal letter heading with date and addresses of all parties

2. Donor Information: Full legal name, ID number, and contact details of the person providing the gift

3. Recipient Information: Full legal name, ID number, and contact details of the person receiving the gift

4. Property Information: Details of the property being purchased, including physical address and registration details

5. Gift Amount Declaration: Clear statement of the monetary amount being gifted, written in both numbers and words

6. Non-Repayment Statement: Explicit declaration that the money is a gift and not a loan requiring repayment

7. Source of Funds Declaration: Statement confirming the legitimate source of the gifted funds

8. Signature Block: Space for donor's signature, witness signatures, and date of signing

Optional Sections

1. Multiple Donor Declaration: Additional section when gift comes from multiple donors (e.g., both parents)

2. Relationship Statement: Declaration of the relationship between donor and recipient, used when required by specific lenders

3. Conditional Gift Terms: Any conditions attached to the gift (though generally not recommended for mortgage purposes)

4. Tax Implications Acknowledgment: Statement acknowledging understanding of potential tax implications, particularly for large gifts

5. Foreign Currency Declaration: Required when the gift involves international transfer or foreign currency

Suggested Schedules

1. Proof of Funds: Bank statements or other documentation showing the donor has the funds available

2. Donor ID Documentation: Certified copy of donor's identification document

3. Bank Account Details: Details of the account where the gift funds will be transferred from and to

4. FICA Documentation: Required documentation for compliance with Financial Intelligence Centre Act

5. Tax Clearance Certificate: If applicable, proof that donor's tax affairs are in order

Authors

Alex Denne

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

Relevant Industries

Real Estate

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Mortgage Advisor

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Industries
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