Tax Consequences of Gifting Your Home

Many people wonder if it is a good idea to give their home to their children. While it is possible to do this, giving away a house can have major tax consequences, among other results.

When you give any individual money or property valued at more than $13,000 in any one year (to go up to $14,000 on January 1, 2013), you have to file a gift tax form. Further, under current law you can gift a total of $5,120,000 million over your lifetime without incurring a gift tax. If your residence is worth less than this threshold, you likely will not have to pay any gift taxes, but you will still have to file a gift tax form.

While you may not have to pay gift taxes on the gift, if your children sell the house right away, they may be facing steep taxes. The reason is that when you give away your property, the tax basis (or the original cost) of the property for the donor becomes the tax basis for the recipient. For example, suppose you bought the house years ago for $150,000 and it is now worth $350,000. If you give your house to your children, the tax basis will be $150,000. If the children sell the house, they will have to pay capital gains taxes on the difference between $150,000 and the selling price. The only way for your children to avoid the taxes is for them to live in the house for at least two years before selling it. In that case, they can exclude up to $250,000 ($500,000 for a couple) of their capital gains from taxes.

Inherited property does not face the same taxes as gifted property. If the children were to inherit the property, the property’s tax basis would be “stepped up,” which means the basis would be the current value of the property. However, the home will remain in your estate, which may result in estate tax consequences.

Beyond the tax consequences, gifting a house to children can affect your eligibility for Medicaid coverage of long-term care. There are other options for giving your house to your children, including transferring the house into a trust or selling it to them. Before you give away your home, consult an elder law attorney who can advise you on the best method for passing on your home.

R Fatoullah

Practice Areas: Aged and Aging; Elder law; Estate Planning; Medicaid; Medicare; Long Term Care Insurance; Wills; trusts; Health Care; Guardianships; Probate; Taxzation; Trusts & Estates; Veteran's Benefits/Planning; Planning for Same Sex Couples. Admitted: 1977, New York and Massachusetts Member: New York State Bar Association (Member, Executive Committee, Elder Law Section); National Academy of Elder Law Attorneys (Board of Directors; Co-Chair, Public Policy Committee; Chair, Health Care Decision making Subcommittee of the Public Policy Committee; Member, Public Relations Committee and Long Term Care Task Force); Member, & Present Chair Legal Committee of The Alzheimer's Association (Long Island Chapter). Biography: Phi Beta Kappa. Certified Elder Law Attorney by the National Elder Law Foundation. Lecturer, New York State Bar Association, The National Academy of Elder Law Attorneys, The Alzheimer's Association and many other organizations. REciepient of; rose Kryzak Senior Leadership Award for providing outstanding legal services to seniors; AARP's Building Bridges Award. Contributing articles found in: The New York Times, Long Island Newsday, The New York Law Journal, The Wall Street Journal, Queens Courier.