Gift Rules


N

Nicky

I bought a condo a few years back, paid $45K, units now
selling for $70K. Both my boys living there, and going to
school. One will graduate this May, the other should follow
in a year. I would like to give them the place as a gift.

What would be the best approach to minimize the tax burden?

Thanks,

-nick
 
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B

Benjamin Yazersky CPA

Nicky said:
I bought a condo a few years back, paid $45K, units now
selling for $70K. Both my boys living there, and going to
school. One will graduate this May, the other should follow
in a year. I would like to give them the place as a gift.

What would be the best approach to minimize the tax burden?
First of all this is a gift tax, not an income tax issue.

Gifting outright will use up some of your lifetime
exclusion. However, gifting it over a few years by using
only the max allowable exclusion amount each year might
work. Another approach would be to sell it to the boys for a
mortgage. Then you gift down the mortgage up to the max
allowable exclusion each year.

___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] >>>
-----> real address on hobokeni or hobokenx <-----
 
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K

kastnna

I bought a condo a few years back, paid $45K, units now
selling for $70K. Both my boys living there, and going to
school. One will graduate this May, the other should follow
in a year. I would like to give them the place as a gift.

What would be the best approach to minimize the tax burden?
Follow the link below. Their answer is short and concise.
Pay close attention to the basis repercussions and the
potnetial need for annual reappraisal. Hopefully, the basis
adjustments won't come into play because the childrens' gain
at sale will not be above the exclusion limits.

http://thinkglink.com/Gifting_Property.htm

Good luck.
 
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S

Seth Breidbart

Nicky said:
I bought a condo a few years back, paid $45K, units now
selling for $70K. Both my boys living there, and going to
school. One will graduate this May, the other should follow
in a year. I would like to give them the place as a gift.

What would be the best approach to minimize the tax burden?
Who is married?

If none, you can give them each $12K worth of equity each
year; in about 3 years, that's all of it. If you're
married, you (and your spouse) can give each $24K per year,
so they get it all by next year. (If they're married, the
amount similarly increases.)

Seth
 
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J

joetaxpayer

Nicky said:
I bought a condo a few years back, paid $45K, units now
selling for $70K. Both my boys living there, and going to
school. One will graduate this May, the other should follow
in a year. I would like to give them the place as a gift.

What would be the best approach to minimize the tax burden?
You have a few choices.

Gift them partial ownership, at the rate of $12K/year per
child.

Gift the whole amount and file the paperwork for the amount
in excess of $24K, and take the unified credit against it.
(i.e. you are reducing the amount you can leave them when
you pass on) Sell them the property for market value, but
take back a note for the excess (the amount over the $12K
per) and 'forgive' the $12K/ year. Gift them money in
07,08,and 09, then sell them the property for the cash.

I think that's it.

JOE
 
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N

Nicky

joetaxpayer said:
Nicky wrote:
You have a few choices.

Gift them partial ownership, at the rate of $12K/year per
child.

Gift the whole amount and file the paperwork for the amount
in excess of $24K, and take the unified credit against it.
(i.e. you are reducing the amount you can leave them when
you pass on) Sell them the property for market value, but
take back a note for the excess (the amount over the $12K
per) and 'forgive' the $12K/ year. Gift them money in
07,08,and 09, then sell them the property for the cash.

I think that's it.
Thank you all for this advise!

This is very useful information. I've started looking at the
tax codes for more detail.

-nick
 
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