I've tried to make this as brief as possible to avoid boring anyone to tears, so please ask any questions you might have. I'm trying to determine the best way to structure this real estate deal with my father-in-law(FIL).
Property: 4 BD / 2.5 BA 2-story Home
Online Value: $284k (Z: $292.5k, R: $285k, Red: $275k) less repairs
Rental Comp Range: $1500-$2100/mo - Most likely $1650-$1750
Repairs: $34k
Actual Value: $250k
Outstanding Mortgage Balance: $110k
Previous Purchase Price: $88k
RV Purchase Price: $134k
How would you structure this deal to minimize expenses, fees, & taxes given the following info:
1) FIL can give transfer property to us given any of the following strategies:
*$0 (gift)
** $110k (we assume the outstanding balance on his mortgage)
***We transfer at market rate (quit claim deed adds us to property deed, $110k refi with wife & I assuming all debt, then he's taken off deed w/ quit claim & we pay him 140 payments at $1k month for the equity he has in property w/ no interest).
****We can gift him $110k to pay off his mortgage, the he can gift us the home valued at $250k. I believe the only ramification from this is we will both have to file form 970 w/ the IRS which will reduce the gifts we can give by the said amount less $15k (so his lifetime gift allotment would be $11.4M less $235k and ours would be less $110k)? We would then be responsible for paying him for the equity on the property (140 payments of $1k/mo)
2) We want to maximize cash flow on the property, and my best guess is rent will be $1700/mo
3) The house will likely be used to pull cash out to finance another real estate purchase in the future since we will most likely have between 65-100% equity in the house. This will likely not occur for at least 1-2 years with real estate prices going absolutely gangbusters around here, we're questioning when we might see 2008 all over again. So we'd be hesitant to take on any more real estate deals unless they had terrific cash flow until we rebuilt our cash reserves to $30-40k.
Quit Claim Deed:
We plan to use a quit claim deed to transfer ownership to minimize the transaction fees. Couple tax related questions:
1) A 1031 exchange would never come into play in this scenario since there's no actual 'sale' taking place.
2) If we did an actual sale instead of a transfer, could he use a 1031 exchange to pay off his RV and pay no capital gains on the difference between the sale price and the $88k he bought it for 30 years ago?
3) If we're gifted this property, the taxes we'll eventually have to pay when we sell it will be huge - we'll have to pay cap gains on the full sale price (less expenses)
Any advice is greatly appreciated!