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#10
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| dpb <none[at]non.net> wrote: - quote - > Stuart A. Bronstein wrote:
Right - because with a reverse mortgage any payment you get is really> ... > > 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. a loan, so it's non-taxable. - quote - > > Instead of a reverse mortgage what I've done in a few cases is to
One thing that OP can do to preserve some of the step-up in basis is> > 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. 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. > << ------------------------------------------------------- > |
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#9
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| Stuart A. Bronstein wrote: .... - quote - > Are payments not taxable for a reverse mortgage? I hadn't heard that,
From Pub 554 that seems to be so. I've not investigated more> and if it's true it's one of the few benefits of having one. 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
In a situation such as posed by OP, the son may be willing altho there's> 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. 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. > << ------------------------------------------------------- > |
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#8
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| dpb <none[at]non.net> wrote: - quote - > DF2 wrote:
Are payments not taxable for a reverse mortgage? I hadn't heard that,> > 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., 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. > << ------------------------------------------------------- > |
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#7
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| DF2 wrote: - quote - > In misc.taxes.moderated, dpb wrote:
As was I; the question would be whether it can be structured as a valid.... > > 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. 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. > << ------------------------------------------------------- > |
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#6
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| In misc.taxes.moderated, dpb wrote: - quote - > kmcross[at]gmail.com wrote:
I agree. It would not be a HUD or FHA reverse mortgage, but I think> > 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)? 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
Some do this to sequester assets from means testing.... :-(> otherwise taxwise seems wisest to take advantage of the step up in basis. - 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. > << ------------------------------------------------------- > |
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#5
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| 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
For commercial products or insured...is that mandatory if it were> > reverse mortgage? > Yes, you have to be living in the home - it's currently rented. 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. > << ------------------------------------------------------- > |
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#4
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| 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:
Yes, you have to be living in the home - it's currently rented.> > 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. > << ------------------------------------------------------- > |
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#3
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| 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. > << ------------------------------------------------------- > |
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#2
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| On Feb 28, 10:50*am, "Stuart A. Bronstein" <spamt...[at]lexregia.comwrote: - quote - > "kmcr...[at]gmail.com" <kmcr...[at]gmail.com> wrote:
We'd like to get some of the equity in the house out, since we are> > 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 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. > << ------------------------------------------------------- > |
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#1
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| "kmcross[at]gmail.com" <kmcross[at]gmail.com> wrote: - quote - > We're trying to figure out a way to transfer the title of my
property could increase either their or your income tax and/or estate> 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 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. > << ------------------------------------------------------- > |
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| <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. > << ------------------------------------------------------- > |
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#-1
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| 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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