Plin321 wrote:

- quote -

1 & 2) That's going to depend on whether you should have
been added as a result of your mother's will or family trust
document, both which are common in CA. However, if you had
no share of the property from her death and he just simply
added you, Questions #1 and #2 could invoke gift tax, but
per Proposition 58 from the 1970's era, there is no change
in property tax.

3) You are thinking of the law that was replaced in 1997.
Reinvestment is irrelevant.

- quote -

No.

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plin321[at]aol.com (Plin321) wrote:

- quote -

None, it's a gift to you, and gifts are taxable to the
giver, not to the recipient. Unless this is a mighty unusual
house for California, a gift of half a house will mean your
father will need to file a gift tax return and use up some
of his lifetime unified credit.

- quote -

Still no taxable consequences for you, only for him. If it
is a valuable house, then the gift will eat up a large part
of his lifetime unified credit.

- quote -

Taxable to you, unless you live in it for two years in order
to qualify for the capital gains exemption (then any gain in
excess of $250,000 is taxable). The problem is that his
basis becomes your basis (unless, in a situation that would
be rare indeed in California, the house is now worth less
than his basis: then figuring basis becomes more complex,
because there are rules that prevent giving away a tax
loss).

Since you step into his holding period as well as his basis,
the gain would be long-term (unless he acquired the house
just recently, and you were to sell soon, or if the rules on
a gift at a loss were to apply).

If he bought for $50,000 thirty years ago, it's now worth
$500,000, and he gives you the whole thing, he makes a
taxable gift of $500,000 less $11,000 = $489,000, and you
receive a house with $50,000 basis. If you sell it
immediately, you owe capital gains tax on $450,000 of
long-term gain. If you live in it for two years and then
sell for $500,000, you owe capital gains tax on $200,000.

- quote -

Not unless your father paid gift tax on the transfer. That's
one of the reasons not to do it in the first place.

There are ways to arrange transfers of real estate and other
valuable property such that as much as possible goes to your
children, as little as possible goes to the taxman or
Medicaid, and it's protected as best it can be from your and
your children's creditors. You have to get expert advice in
advance to take advantage of any of these: lawyers who
practice elder law and financial planners have the
background to do this. Asking after the fact may reveal
instead that you scored an expensive own-goal.

--
Chris Green

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plin321[at]aol.com (Plin321) wrote:

- quote -

A non-taxable GIFT to you, including 1/2 the adjusted basis
for the property. That basis was stepped up on the date of
your mother's death. Your father needs to file a Gift Tax
Return (Form 709) if the FMV of the gift is over $11,000.

- quote -

A MUCH bigger gift, but still non-taxable to you.

- quote -

Pay capital gains on the difference between selling price
and adjusted cost basis (taking selling costs in mind). What
you do with the funds is irrelevant, but there is no tax
break for reinvesting in another house. However, if this
property is a rental, you might be able to arrange a
tax-deferred 1031 EXCHANGE to another rental property.

- quote -

No, a basis stepup only occurs when you inherit an asset,
not receive it as a gift.

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plin321[at]aol.com (Plin321) wrote:

- quote -

In general and for a typical California residence ownership
situation over time what you describe can be a poor move
income tax wise. It may cost you dearly in taxes when you
make changes later. Did a professional tax or real estate
person advise this move?

A lot depends on details and plans not stated. It starts
with, did your mom and dad hold the home as community
property. If they did, when you mom died the whole basis
stepped up to FMV as of that date for your dad, the owner.
Frequently, that's a significant jump, which erases hundreds
of thousands of capital gain.

Also it depends on whether your dad wants to keep the house
as his home for the foreseeable future and/or until he dies.
If he kept it himself and willed it to you, you would get
the stepped up FMV at his death. If he kept it himself and
meets the live-in requirements and sells it before the value
increases more than $250,000 from the FMV at Mom's death –
Community Property held. He keeps it all.

If your parents didn't hold it as community property (a very
typical mistake – we've had have community property with
right of survivorship as a choice for a few years now), then
things don't work out as well. Half steps up and half keeps
the old basis, typically

Maybe there is a reason why he added you to the title but if
it just sounded like a good idea, look again carefully. I'd
say go over what's been done and his plans with a tax
professional. If you don't have an appraisal in the file
showing FMV at key dates, that's a place to start. Making
good choices in this area can mean a big difference tax
wise.

If your whole thrust is just how to handle gift taxes, I'll
leave it to someone else to address.

BC

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plin321[at]aol.com (Plin321) wrote:

- quote -

In general and for a typical California residence ownership
situation over time what you describe can be a poor move
income tax wise. It may cost you dearly in taxes when you
make changes later. Did a professional tax or real estate
person advise this move?

A lot depends on details and plans not stated. It starts
with, did your mom and dad hold the home as community
property. If they did, when you mom died the whole basis
stepped up to FMV as of that date for your dad, the owner.
Frequently, that's a significant jump, which erases hundreds
of thousands of capital gain.

Also it depends on whether your dad wants to keep the house
as his home for the foreseeable future and/or until he dies.
If he kept it himself and willed it to you, you would get
the stepped up FMV at his death. If he kept it himself and
meets the live-in requirements and sells it before the value
increases more than $250,000 from the FMV at Mom's death –
Community Property held. He keeps it all.

If your parents didn't hold it as community property (a very
typical mistake – we've had have community property with
right of survivorship as a choice for a few years now), then
things don't work out as well. Half steps up and half keeps
the old basis, typically

Maybe there is a reason why he added you to the title but if
it just sounded like a good idea, look again carefully. I'd
say go over what's been done and his plans with a tax
professional. If you don't have an appraisal in the file
showing FMV at key dates, that's a place to start. Making
good choices in this area can mean a big difference tax
wise.

If your whole thrust is just how to handle gift taxes, I'll
leave it to someone else to address.

BC

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Plin321 wrote:

- quote -

Assuming that your father cannot unilaterally REMOVE your
name from the title, this would represent a "completed"
gift, and he would need to file a gift tax return if the
value of the half interest is more than $11,000.

- quote -

Again, this would likely be a reportable gift.

- quote -

Your basis (while your father is still alive) would be your
father's basis (no step-up in the case of gifts). The basis
MIGHT be stepped up after his death IF he has retained a
"life estate" interest in the property. This gets
complicated and your father should really seek competent
tax, legal and estate planning advice.

P.S. WHY is your father doing this?

MTW

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Plin321 wrote:

- quote -

It depends on why he did it. If it was to pay or reward you
for something you did for him, it could be taxable income.
If it's just for convenience as a way to avoid probate (not
recommended for that purpose, by the way, due to possibly
higher income tax later), there should be no income or gift
tax ramifications.

If he did it just because, it's a gift. No taxable income
to you, but if it's worth more than $11,000 your father
should file a gift tax return.

- quote -

Again, it depends on why. In general it would be considered
a gift, subject to gift tax but not income tax.

- quote -

Ah, then you pay lots of income tax - at least more than if
you wait to inherit it after he dies and then sell.

- quote -

Heavens no! Well, unless it was transferred to you for
convenience, only as a way to avoid probate. And then you'd
get no step-up in basis until after your father dies.

Stu

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My father recently added me name to the title on a house in
CA, so now it it under his and my name. My mom passed away a
few years ago and the title used to be on both of their
names.

My question is, what are the tax consequences to me:

1. This year (the year in which he added my name to the title)?
2. If he were to relinquish his name and sign the title solely to me?
3. If I were to then sell the house and reinvest in another house?

Is there a step up in basis in this situation?

Thanks in advance for any help.

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