Saint Louis, MO · Member since 2010 · 5 posts · 0 votes
Hi, I'll try and keep this short, but I'm a little clueless.
Backstory
I own a rental property that I want to sell to my son and his wife. The property is worth around 100k, but I only want to sell it for 40k (the remainder of the mortgage).
The problem is that if I give it to them for 40k and they ever sell it, the capital gains taxes would be significant.
Is the following a realistic scenario?
My wife and I gift them $56,000. Using gift tax rule, we can each give them 14k in a given year. So 14k x 4 = 56k.
We sell the house to them for $96,000.
They use the $56k as a down payment.
Leaving them with the $40k mortgage.
Again, I'm in over my head here, so I don't know if this is even feasible.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
9y
I believe if you sell to them at significantly less than market value, there is a way to consider it a "gift" of equity. so instead of giving them cash, you would give them $60k in equity and they would then have to get a mortgage for $40k...assuming a $100k purchase price.
Mortgage Broker · CA · Member since 2014 · 1k+ posts · 642 votes
9y
@NA NA Conventional loan guidelines do permit gifts of equity to be used as down payment for purchase of primary residences or second homes. As long as your son and his wife plan to use the property for their primary or secondary home (and not an investment), this sounds like a great plan to gift a portion of the equity to them.
If they are not planning to move into the house, you could add them to title and then having them refinance your loan. There is no seasoning period for a rate and term refinance; however I'm not sure how this would affect tax planning and capital gains.
Mortgage Broker · CA · Member since 2014 · 1k+ posts · 642 votes
9y
@NA NA The same guidelines apply for gifts whether it is cash or a gift of equity. Permitted for owner occupied properties, but not for investments.
In regards to what you wrote above - What if i put my son and his wife's name on the title now and then I transfer ownership via a quitclaim? You can put them on title now and take your name off (off title and off the mortgage) through the refinancing process. That can all be handled at closing.