The IRS may treat the mortgage as a present, regardless of the undeniable fact that a note was handed during the time of transfer, in the event that IRS deems the transfer just isn’t genuine and was not produced in good faith.
Example: A $100,000 note between a dad and son, that your dad will not expect you’ll ever be paid back. Even though the note is correctly documented, the IRS will deem the transfer a present. Something special income tax return needs to be filed, and tax will be determined if it surpasses the $15,000 per recipient gift taxation exemption ($30,000 if gift splitting with partner).
Then no money actually has to be paid to the government, as it will merely reduce the “free†amount available for future gifts and for transfers to beneficiaries at death if the lifetime exemption amount has not been fully utilized.