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| johnlee94539[at]hotmail.com (john) wrote: - quote - > My wife and I transferred $400,000 to my parents' stock
Yes. But if you don't live in a community property state,> account last year. In order to avoid gift tax, the transfer > was made in the form of loan without interest rather than > gift. Their stock account has not been profitable since > last year > According to $100,000 rule, no imputed interest will be > accessed. > (my wife loan to my dad $100,000, > my wife loan to my mom $100,000, > myself loan to my dad $100,000, > myself loan to my mom $100,000) > Is my assumption correct? you probably should have filed a gift tax return electing to split the gift between you and your wife. Stu << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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| john wrote: - quote - > My wife and I transferred $400,000 to my parents' stock
Looks like the barn door is already open!> account last year. In order to avoid gift tax, the transfer > was made in the form of loan without interest rather than > gift. Their stock account has not been profitable since > last year > According to $100,000 rule, no imputed interest will be > accessed. > (my wife loan to my dad $100,000, > my wife loan to my mom $100,000, > myself loan to my dad $100,000, > myself loan to my mom $100,000) > Is my assumption correct? Are there any other tax > consequences? > Thanks in advance. Yes there are consequences. The $100,000 rule applies to lending a family member money to buy a home or start a business. That appears not to be the case here. Even in those cases there is a limit based on the borrower's net investment income. Assuming you handled this in a business like manner (a bona-fide loan), you would have imputed interest. If not handled in a business like manner, you may have made a gift that requires a Gift Tax Return to be filed. Given the complexity of the imputed interest rules, you should have discussed this with a professional. You need to do that immediately to see what can be salvaged. -- Alan http://taxtopics.net << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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| My wife and I transferred $400,000 to my parents' stock account last year. In order to avoid gift tax, the transfer was made in the form of loan without interest rather than gift. Their stock account has not been profitable since last year According to $100,000 rule, no imputed interest will be accessed. (my wife loan to my dad $100,000, my wife loan to my mom $100,000, myself loan to my dad $100,000, myself loan to my mom $100,000) Is my assumption correct? Are there any other tax consequences? Thanks in advance. << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
| Tags |
| family, loan, members |
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