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  #10  
Old 03-02-2009, 08:59 PM
Stuart A. Bronstein
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Default Re: Title change on property from resident alien parents to US citizen son

dpb <none[at]non.net> wrote:

- quote -

> Stuart A. Bronstein wrote:
> ...
> > Are payments not taxable for a reverse mortgage? I hadn't heard
> > that, and if it's true it's one of the few benefits of having
> > one.

> From Pub 554 that seems to be so. I've not investigated more
> thoroughly than the one section there nor looked back to
> underlying rules/law so caution still advised.


Right - because with a reverse mortgage any payment you get is really
a loan, so it's non-taxable.

- quote -

> > Instead of a reverse mortgage what I've done in a few cases is to
> > retain a life estate and sell the remainder interest. You can
> > probably get more money than with a reverse mortgage. If you can
> > find someone to buy the remainder interest, that is.

> In a situation such as posed by OP, the son may be willing altho
> there's again the loss of any basis step-up on down the road.
> And, of course, there's certainly less of a guarantee to the
> parent(s) if something goes wrong in the financial standing of the
> son that can't continue to make payments so would seem from their
> standpoint would want him to make whatever arrangements required
> for the buyout independent of them.


One thing that OP can do to preserve some of the step-up in basis is
to purchase the house from the parent at current market value. The
note would be set up so that payments would amount to $13,000 per
year per buyer, or less. Parent can then foregive the payments, and
foregive any balance when he dies.

The downside of this is that either the parent or child will have to
recognize income with respect to the [imputed] interest on the
purchase price.

Stu

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #9  
Old 03-02-2009, 08:09 PM
dpb
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Default Re: Title change on property from resident alien parents to US citizenson

Stuart A. Bronstein wrote:
....
- quote -

> Are payments not taxable for a reverse mortgage? I hadn't heard that,
> and if it's true it's one of the few benefits of having one.


From Pub 554 that seems to be so. I've not investigated more
thoroughly than the one section there nor looked back to underlying
rules/law so caution still advised.

....

- quote -

> Instead of a reverse mortgage what I've done in a few cases is to
> retain a life estate and sell the remainder interest. You can probably
> get more money than with a reverse mortgage. If you can find someone
> to buy the remainder interest, that is.


In a situation such as posed by OP, the son may be willing altho there's
again the loss of any basis step-up on down the road. And, of course,
there's certainly less of a guarantee to the parent(s) if something goes
wrong in the financial standing of the son that can't continue to make
payments so would seem from their standpoint would want him to make
whatever arrangements required for the buyout independent of them.

All in all, somebody local w/ knowledge of the overall situation and
objectives and the right experience in elder planning, etc., still seems
OP's best bet to me.

--

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #8  
Old 03-02-2009, 07:21 PM
Stuart A. Bronstein
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Posts: n/a
Default Re: Title change on property from resident alien parents to US citizen son

dpb <none[at]non.net> wrote:
- quote -

> DF2 wrote:
> > dpb wrote:

> ...
> > > For commercial products or insured...is that mandatory if it
> > > were privately financed (ie, you)?
> > > I agree. It would not be a HUD or FHA reverse mortgage, but I

> > think a bank would probably let you borrow out a lot of equity
> > given these facts. I would talk to some smaller banks regarding
> > this. As long as you are planning on borrowing less than 50% of
> > the equity, I would see this as attractive to a prudent banker.
> > But I am just speculating.

> As was I; the question would be whether it can be structured as a
> valid reverse mortgage to ensure payments aren't taxable, etc.,


Are payments not taxable for a reverse mortgage? I hadn't heard that,
and if it's true it's one of the few benefits of having one. Most of
the reverse mortgages I've seen are not financially good deals, though
they are appropriate for some people under some circumstances.

Instead of a reverse mortgage what I've done in a few cases is to
retain a life estate and sell the remainder interest. You can probably
get more money than with a reverse mortgage. If you can find someone
to buy the remainder interest, that is.

Stu

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #7  
Old 03-02-2009, 07:14 PM
dpb
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Posts: n/a
Default Re: Title change on property from resident alien parents to US citizenson

DF2 wrote:
- quote -

> In misc.taxes.moderated, dpb wrote:
....
> > For commercial products or insured...is that mandatory if it were
> > privately financed (ie, you)?

> I agree. It would not be a HUD or FHA reverse mortgage, but I think
> a bank would probably let you borrow out a lot of equity given these
> facts. I would talk to some smaller banks regarding this. As long
> as you are planning on borrowing less than 50% of the equity, I
> would see this as attractive to a prudent banker. But I am just
> speculating.


As was I; the question would be whether it can be structured as a valid
reverse mortgage to ensure payments aren't taxable, etc., ...

I didn't see anything in a _very_ quick perusal of IRS Pub's that would
seem to prohibit it, but...

--

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #6  
Old 03-02-2009, 04:43 PM
DF2
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Default Re: Title change on property from resident alien parents to US citizen son

In misc.taxes.moderated, dpb wrote:

- quote -

> kmcross[at]gmail.com wrote:
> > On Feb 28, 3:31 pm, PeterL <po.n...[at]gmail.com> wrote:

> ...
> > > You can accomplish that without a transfer of title. Checked into
> > > reverse mortgage?
> > > Yes, you have to be living in the home - it's currently rented.

> For commercial products or insured...is that mandatory if it were
> privately financed (ie, you)?


I agree. It would not be a HUD or FHA reverse mortgage, but I think
a bank would probably let you borrow out a lot of equity given these
facts. I would talk to some smaller banks regarding this. As long
as you are planning on borrowing less than 50% of the equity, I
would see this as attractive to a prudent banker. But I am just
speculating.

- quote -

> I don't know, the concept was what struck me, too, as the way as
> otherwise taxwise seems wisest to take advantage of the step up in basis.


Some do this to sequester assets from means testing.... :-(

- quote -

> Other than that, session w/ qualified elder planning counselor would
> seem probably to be worthwhile investment.


--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #5  
Old 03-02-2009, 04:00 PM
dpb
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Posts: n/a
Default Re: Title change on property from resident alien parents to US citizenson

kmcross[at]gmail.com wrote:
- quote -

> On Feb 28, 3:31 pm, PeterL <po.n...[at]gmail.com> wrote:
....

- quote -

> > You can accomplish that without a transfer of title. Checked into
> > reverse mortgage?

> Yes, you have to be living in the home - it's currently rented.


For commercial products or insured...is that mandatory if it were
privately financed (ie, you)?

I don't know, the concept was what struck me, too, as the way as
otherwise taxwise seems wisest to take advantage of the step up in basis.

Other than that, session w/ qualified elder planning counselor would
seem probably to be worthwhile investment.

--

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 03-02-2009, 05:31 AM
kmcross@gmail.com
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Posts: n/a
Default Re: Title change on property from resident alien parents to UScitizen son

On Feb 28, 3:31*pm, PeterL <po.n...[at]gmail.com> wrote:
- quote -

> On Feb 28, 2:55*pm, "kmcr...[at]gmail.com" <kmcr...[at]gmail.com> wrote:
> > On Feb 28, 10:50*am, "Stuart A. Bronstein" <spamt...[at]lexregia.com> > wrote:
> > > "kmcr...[at]gmail.com" <kmcr...[at]gmail.com> wrote:
> > > > We're trying to figure out a way to transfer the title of my
> > > > parents home to their children with minimal tax consequences. *My
> > > > parents are both elderly and have lived in the US for 40+ years,
> > > > but have remained non-US citizens with permanent green cards.
> > > > They don't currently live in the house - it's rented. *We handle
> > > > all their affairs - and want to take ownership of the house and
> > > > have legal title - but are not sure what the tax consequences will
> > > > be. *It's worth about $500,000. *Could a trust be set up? *Would
> > > > that help?
> > > > From a tax standpoint the best way for them to transfer their property
> > > is to leave it to you when they die. *Any other way of transferring the
> > > property could increase either their or your income tax and/or estate
> > > tax.
> > > Stu

> > We'd like to get some of the equity in the house out, since we are
> > helping to support our parents - all their $ is in the house and they
> > live basically on SS and pension income - which is not enough. *House
> > has been rented fro the last year.

> You can accomplish that without a transfer of title. *Checked into
> reverse mortgage?


Yes, you have to be living in the home - it's currently rented.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 03-01-2009, 12:31 AM
PeterL
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Posts: n/a
Default Re: Title change on property from resident alien parents to UScitizen son

On Feb 28, 2:55*pm, "kmcr...[at]gmail.com" <kmcr...[at]gmail.com> wrote:
- quote -

> On Feb 28, 10:50*am, "Stuart A. Bronstein" <spamt...[at]lexregia.com> wrote:
> > "kmcr...[at]gmail.com" <kmcr...[at]gmail.com> wrote:
> > > We're trying to figure out a way to transfer the title of my
> > > parents home to their children with minimal tax consequences. *My
> > > parents are both elderly and have lived in the US for 40+ years,
> > > but have remained non-US citizens with permanent green cards.
> > > They don't currently live in the house - it's rented. *We handle
> > > all their affairs - and want to take ownership of the house and
> > > have legal title - but are not sure what the tax consequences will
> > > be. *It's worth about $500,000. *Could a trust be set up? *Would
> > > that help?
> > > From a tax standpoint the best way for them to transfer their property

> > is to leave it to you when they die. *Any other way of transferring the
> > property could increase either their or your income tax and/or estate
> > tax.
> > Stu

> We'd like to get some of the equity in the house out, since we are
> helping to support our parents - all their $ is in the house and they
> live basically on SS and pension income - which is not enough. *House
> has been rented fro the last year.



You can accomplish that without a transfer of title. Checked into
reverse mortgage?

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 02-28-2009, 09:55 PM
kmcross@gmail.com
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Posts: n/a
Default Re: Title change on property from resident alien parents to UScitizen son

On Feb 28, 10:50*am, "Stuart A. Bronstein" <spamt...[at]lexregia.comwrote:
- quote -

> "kmcr...[at]gmail.com" <kmcr...[at]gmail.com> wrote:
> > We're trying to figure out a way to transfer the title of my
> > parents home to their children with minimal tax consequences. *My
> > parents are both elderly and have lived in the US for 40+ years,
> > but have remained non-US citizens with permanent green cards.
> > They don't currently live in the house - it's rented. *We handle
> > all their affairs - and want to take ownership of the house and
> > have legal title - but are not sure what the tax consequences will
> > be. *It's worth about $500,000. *Could a trust be set up? *Would
> > that help?
> > From a tax standpoint the best way for them to transfer their property

> is to leave it to you when they die. *Any other way of transferring the
> property could increase either their or your income tax and/or estate
> tax.
> Stu


We'd like to get some of the equity in the house out, since we are
helping to support our parents - all their $ is in the house and they
live basically on SS and pension income - which is not enough. House
has been rented fro the last year.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 02-28-2009, 07:50 PM
Stuart A. Bronstein
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Posts: n/a
Default Re: Title change on property from resident alien parents to US citizen son

"kmcross[at]gmail.com" <kmcross[at]gmail.com> wrote:

- quote -

> We're trying to figure out a way to transfer the title of my
> parents home to their children with minimal tax consequences. My
> parents are both elderly and have lived in the US for 40+ years,
> but have remained non-US citizens with permanent green cards.
> They don't currently live in the house - it's rented. We handle
> all their affairs - and want to take ownership of the house and
> have legal title - but are not sure what the tax consequences will
> be. It's worth about $500,000. Could a trust be set up? Would
> that help?


> From a tax standpoint the best way for them to transfer their property

is to leave it to you when they die. Any other way of transferring the
property could increase either their or your income tax and/or estate
tax.

Stu

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 02-28-2009, 07:24 PM
CMS, VA CPA
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Posts: n/a
Default Re: Title change on property from resident alien parents to US citizen son


<kmcross[at]gmail.com> wrote in message
news:0752a4a4-1e4d-41da-ab7d-4986004654fb[at]s38g2000prg.googlegroups.com...
- quote -

> We're trying to figure out a way to transfer the title of my parents
> home to their children with minimal tax consequences. My parents are
> both elderly and have lived in the US for 40+ years, but have remained
> non-US citizens with permanent green cards. They don't currently live
> in the house - it's rented. We handle all their affairs - and want to
> take ownership of the house and have legal title - but are not sure
> what the tax consequences will be. It's worth about $500,000. Could
> a trust be set up? Would that help?




What are you trying to accomplish (qualify parents for property tax
reduction or Medicaid, give children control of property, etc)?

If the children wait to inherit the property, they will get a stepped up
basis and save taxes in the long run.

Was the property the primary residence of the parents before it was rented?
If so when?



--
2:34pm 2/28/09
Charles M. Shanes, CPA
Charles M. Shanes CPA, LLC
Richmond, VA
QuickBooks ProAdvisor
Microsoft MPAN Member for SBA
www.shanescpa.com
cshanes[at]-Delete-This-Nospam-shanescpa.com

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 02-28-2009, 05:48 PM
kmcross@gmail.com
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Posts: n/a
Default Title change on property from resident alien parents to US citizenson

We're trying to figure out a way to transfer the title of my parents
home to their children with minimal tax consequences. My parents are
both elderly and have lived in the US for 40+ years, but have remained
non-US citizens with permanent green cards. They don't currently live
in the house - it's rented. We handle all their affairs - and want to
take ownership of the house and have legal title - but are not sure
what the tax consequences will be. It's worth about $500,000. Could
a trust be set up? Would that help?

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
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