Gift of Equity from parents

Gift of Equity from parents

Investor · NW Indiana · Member since 2012 · 833 posts · 197 votes

In October 2012 I was placed on title with both my parents. I currently live in the residence with my mother. It will be my primary residence. I will be refinancing and removing them from title in a month or two.

I was told by IRS that I had to have an appraisal done on the house when I was placed on title (162K). They said that this value would be cut in thirds (54K) and would mean each parent would be gifting me (27K) . I subtract the 13K annual allowable gift without having to be taxed and get 14K. I was told that they would not have to pay any taxes if they put it against their lifetime gift tax credit.

I was wondering if the mortgage amount still owed on the property has any affect on the gift tax claimed?

And when I refi and remove them from title, I was told that I have to have another appraisal and that they would claim the rest of their thirds next year. What if it was placed in a trust, which I may want to do?

I feel like I’m missing something and don’t want to miss out on possible tax relief or there to be another way. I just don’t want my parents to have to pay any more taxes then necessary and don’t want it to be a burden on them. Thanks.

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  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    13y

    Carolina E,

    If there equity in the property?

    Are you removing them from the title? You did not have to list ownership percentage on the title. So I recommend that you figure out with your parents how much they are giving you. I recommend that it should be 13k each in 2012. Then they should gift you 14k each more in equity the next year(2013).

    Yes, the mortgage amount will reduce the total value.

    If the property is worth 162. Subtract the mortgage value then you will figure the gift amount. I recommend that you write up an agreement for them to gift

    If you have a question feel free to ask. I deal with this on a daily basis.

    -Steven

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