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Do You Owe Taxes On That Gift?

As a Certified Financial Planner, I'm check with an accountant.)
often asked about issues regarding Inheritances aren't subject to Federal
inheritance, gifting and the resulting Estate Tax unless the estate's value is
taxes. Here's a classic example of just over a certain amount, which is currently
how complicated these situations can be, two million dollars. Because all assets
using a question from a reader in owned by the deceased are included in the
Michigan we'll call Bob. estate's valuation (i.e. retirement
Bob writes, "I have a question about my accounts, annuities, life insurance,
mom's home that I inherited. Before my etc.), reaching that two million dollar
mom died she put her real estate into limit is easier than you think.
joint ownership between her and my Even if there is no gift or estate tax
sister. It was supposed to help make when the assets are transferred, there
settling her estate easier. Before mom can be capital gain taxes when the assets
passed away, my sister died. After my are sold. The trick is determining the
sister died, mom placed the real estate asset's original value, or cost basis,
jointly between herself and me. Mom and that depends on whether the asset was
passed away over a year ago and I am now a gift or an inheritance.
contemplating the sale of her house. When you receive a gift, you also receive
After mom's death I had the home the cost basis the person giving the gift
transferred to my and my wife's names. had. So, if a parent paid $10,000 for a
What are my capital gains liabilities on home and it was worth $100,000 when it
the sale of the house? Do I pay capital was gifted to the child, the child now
gains on the whole sale, half the sale, has a cost basis of $10,000. If the house
or none of the sale?" is sold 5 years later for $125,000, the
Bob's lack of knowledge is nothing out of child will owe taxes on a gain of
the ordinary. Few people are aware of the $115,000.
tax implications and needlessly end up If the house was instead inherited by the
creating a tax headache for themselves child, the cost basis is the value of the
and their loved ones. house at the time of inheritance, which
Let's explain what an inheritance is and in our example would be $100,000. So when
how it differs from a gift. An the house is sold 5 years later for
inheritance is money, property, or $125,000, the child only owes taxes on
another asset of value that is the gain of $25,000. In tax parlance, the
transferred after death. A gift occurs house received a step-up in basis when
when money, property or other assets are transferred after death. It doesn't
transferred before death. An inheritance receive a step-up if transferred prior to
and a gift are handled very differently death.
from a tax standpoint. Let's apply this to Bob's situation. When
Each of us can give gifts up to $12,000 Mom added Sister's name to the deed, it
per year to any person we want without was a gift to the sister of 50% of the
any Federal tax implications. (There may value of the home and Sister's cost basis
be some state gift tax implications so was 50% of Mom's cost basis.




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