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Do You Owe Taxes On That Gift?

As a Certified Financial Planner, I'mInheritances aren't subject to Federal
often asked about issues regardingEstate Tax unless the estate's value is
inheritance, gifting and the resultingover a certain amount, which is
taxes. Here's a classic example of justcurrently two million dollars. Because
how complicated these situations can be,all assets owned by the deceased are
using a question from a reader inincluded in the estate's valuation (i.e.
Michigan we'll call Bob.retirement accounts, annuities, life
Bob writes, "I have a question about myinsurance, etc.), reaching that two
mom's home that I inherited. Before mymillion dollar limit is easier than you
mom died she put her real estate intothink.
joint ownership between her and myEven if there is no gift or estate tax
sister. It was supposed to help makewhen the assets are transferred, there
settling her estate easier. Before momcan be capital gain taxes when the
passed away, my sister died. After myassets are sold. The trick is
sister died, mom placed the real estatedetermining the asset's original value,
jointly between herself and me. Momor cost basis, and that depends on
passed away over a year ago and I am nowwhether the asset was a gift or an
contemplating the sale of her house.inheritance.
After mom's death I had the homeWhen you receive a gift, you also
transferred to my and my wife's names.receive the cost basis the person giving
What are my capital gains liabilities onthe gift had. So, if a parent paid
the sale of the house? Do I pay capital$10,000 for a home and it was worth
gains on the whole sale, half the sale,$100,000 when it was gifted to the
or none of the sale?"child, the child now has a cost basis of
Bob's lack of knowledge is nothing out$10,000. If the house is sold 5 years
of the ordinary. Few people are aware oflater for $125,000, the child will owe
the tax implications and needlessly endtaxes on a gain of $115,000.
up creating a tax headache forIf the house was instead inherited by
themselves and their loved ones.the child, the cost basis is the value
Let's explain what an inheritance is andof the house at the time of inheritance,
how it differs from a gift. Anwhich in our example would be $100,000.
inheritance is money, property, orSo when the house is sold 5 years later
another asset of value that isfor $125,000, the child only owes taxes
transferred after death. A gift occurson the gain of $25,000. In tax parlance,
when money, property or other assets arethe house received a step-up in basis
transferred before death. An inheritancewhen transferred after death. It doesn't
and a gift are handled very differentlyreceive a step-up if transferred prior
from a tax standpoint.to death.
Each of us can give gifts up to $12,000Let's apply this to Bob's situation.
per year to any person we want withoutWhen Mom added Sister's name to the
any Federal tax implications. (There maydeed, it was a gift to the sister of 50%
be some state gift tax implications soof the value of the home and Sister's
check with an accountant.)cost basis was 50% of Mom's cost basis.



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