Join Early Retirement Today
Reply
 
Thread Tools Search this Thread Display Modes
Question on selling home to son
Old 02-10-2018, 11:21 AM   #1
Thinks s/he gets paid by the post
street's Avatar
 
Join Date: Nov 2016
Posts: 3,185
Question on selling home to son

I have seen few threads related to this subject but haven't seen this question asked.

If I wanted to sell my home to my son or anyone can I sell it for $10.00? The home would be worth a lot more then that. Can I sell it for any price I want too? Is there any legal or financial consequences that could occur?

If I lived in the home and he owned it should be any issues with that arrangement I would think.
__________________

street is online now   Reply With Quote
Join the #1 Early Retirement and Financial Independence Forum Today - It's Totally Free!

Are you planning to be financially independent as early as possible so you can live life on your own terms? Discuss successful investing strategies, asset allocation models, tax strategies and other related topics in our online forum community. Our members range from young folks just starting their journey to financial independence, military retirees and even multimillionaires. No matter where you fit in you'll find that Early-Retirement.org is a great community to join. Best of all it's totally FREE!

You are currently viewing our boards as a guest so you have limited access to our community. Please take the time to register and you will gain a lot of great new features including; the ability to participate in discussions, network with our members, see fewer ads, upload photographs, create a retirement blog, send private messages and so much, much more!

Old 02-10-2018, 11:31 AM   #2
Thinks s/he gets paid by the post
OldShooter's Avatar
 
Join Date: Mar 2017
Location: City
Posts: 4,677
Legal, but potentially big tax implications. Unnecessary ordinary income tax or capital gain tax for the buyer. Talk to a CPA or an elder-law attorney before pulling the trigger and make sure you understand basis step-up. Not sure what problem you're trying to solve but there are going to be better ways.
__________________

OldShooter is offline   Reply With Quote
Old 02-10-2018, 11:33 AM   #3
gone traveling
 
Join Date: Nov 2011
Location: The Deep South Bay
Posts: 744
You can quite claim it to him tax free
97guns is offline   Reply With Quote
Old 02-10-2018, 11:39 AM   #4
Thinks s/he gets paid by the post
OldShooter's Avatar
 
Join Date: Mar 2017
Location: City
Posts: 4,677
Quote:
Originally Posted by 97guns View Post
You can quite claim it to him tax free
The issue comes when son goes to sell the house and has an unnecessarily low basis. I think there may be a need for a gift tax return in the event of the quit claim. Finally, if the son does not have a warranty deed it may cause difficulty when he goes to sell. All reasons to consult experts before pulling the trigger on any scheme.
OldShooter is offline   Reply With Quote
Old 02-10-2018, 11:50 AM   #5
Thinks s/he gets paid by the post
street's Avatar
 
Join Date: Nov 2016
Posts: 3,185
Thanks and I could understand some of the issues brought up. I'm not wanting to break any laws or walk the fine line just wondering if I sell a property at a low price why it would have any repercussions for doing so.
street is online now   Reply With Quote
Old 02-10-2018, 12:00 PM   #6
Thinks s/he gets paid by the post
 
Join Date: Jan 2006
Posts: 3,664
I would speak to a professional before doing anything. I thought that you would have to file it as a gift towards your lifetime exemption. Anything over $15,000 per year has to go towards the lifetime exemption. Also, if you rent below market rate that is also a gift. Up to $15,000 per year you don't need to do anything but go over that and you need to file it... I think. Talk to a pro. You don't want to get hit with a big tax bill.
aaronc879 is offline   Reply With Quote
Old 02-10-2018, 12:01 PM   #7
Thinks s/he gets paid by the post
Senator's Avatar
 
Join Date: Feb 2014
Location: Williston, FL
Posts: 3,925
What are you trying to do, avoid LTC grabbing it? Or avoiding probate? Or?

Sell it to him for the maximum amount that you can to get your capital gains exclusion. What he actually pays you is a different matter. A loan can be forgiven at death.

Or have a transfer on death that you can put in the deed.

Or Quit claim it to him, and file (or not) the Quit Claim deed with the county.

Sell it to him and have a deferred payment plan, with a contract for deed.
__________________
FIRE no later than 7/5/2016 at 56 (done), securing '16 401K match (done), getting '15 401K match (done), LTI Bonus (done), Perf bonus (done), maxing out 401K (done), picking up 1,000 hours to get another year of pension (done), July 1st benefits (vacation day, healthcare) (done), July 4th holiday. 0 days left. (done) OFFICIALLY RETIRED 7/5/2016!!
Senator is offline   Reply With Quote
Old 02-10-2018, 12:27 PM   #8
Thinks s/he gets paid by the post
street's Avatar
 
Join Date: Nov 2016
Posts: 3,185
Senator >>> For all the reasons you mentioned and there is probably more. Not for any one concern but of course to be able to sell it too him and for him to have it at the least expense for him. That may be my objective more then any thing.

You had some very good advise Senator that is what I wanted some options.

Thanks
street is online now   Reply With Quote
Old 02-10-2018, 12:47 PM   #9
Thinks s/he gets paid by the post
 
Join Date: Dec 2014
Posts: 2,429
If you sell it to your son for much less than fair market value and you go into LTC, you may need to be careful of the look back period for medicaid helping with LTC. They could possibly undo the sale or just not support you for LTC.
bingybear is offline   Reply With Quote
Old 02-10-2018, 02:35 PM   #10
Thinks s/he gets paid by the post
 
Join Date: Dec 2014
Location: Huntsville, AL/Helen, GA
Posts: 4,087
You would do best to let the son get the house in probate. He would have the house appraised at that time and that would essentially be the "basis" of the house. Whenever he sells the house, less taxes would-be paid, if applicable.

Whenever selling any asset, you want the highest basis possible or to lower the amount of taxable. appreciation.
Bamaman is offline   Reply With Quote
Old 02-10-2018, 05:08 PM   #11
Administrator
Alan's Avatar
 
Join Date: Jul 2005
Location: N. Yorkshire
Posts: 26,393
Would gifting the house get over the basis and future cap gain issue? If the house is valued at $250k then gifting the house would be the same as gifting him $250k to then buy the house.
__________________
Retired in Jan, 2010 at 55, moved to England in May 2016
Enough private pension and SS income to cover all needs
Alan is offline   Reply With Quote
Old 02-10-2018, 05:31 PM   #12
Thinks s/he gets paid by the post
gauss's Avatar
 
Join Date: Aug 2011
Posts: 2,778
Dad willed me his residence before he died. I went to Probate Court, functioned as P.R., and transferred the title to myself via a Personal Representatives Deed.

I calculated the FMV of the house on the date of death. When eventually I sell the house, I will use the FMV of the house on the date of death to establish my basis.

Dad controlled the house exclusively while he was alive. No gift taxes to worry about in this case.

A fairly easy process IMHO.

-gauss
gauss is offline   Reply With Quote
Old 02-10-2018, 05:34 PM   #13
Recycles dryer sheets
Blueskies123's Avatar
 
Join Date: Sep 2014
Location: Miami
Posts: 308
If you sell it to him for $10 his basis will be $10. If he inherits it his basis will be FMV when you pass. See an expert, not some guy on the internet.
__________________
FIRE July 2015
Blueskies123 is offline   Reply With Quote
Old 02-10-2018, 05:48 PM   #14
Recycles dryer sheets
akidagain2018's Avatar
 
Join Date: Oct 2017
Posts: 119
I agree with others, the most tax efficient transfer would be as part of the settlement of your estate. It transfers tax free to you, him, your estate (assuming you're under the Fed and St thresholds), and he'd get the value at the 'stepped-up' basis of FMV at time of transfer. What's your plan? You going to live there now and for the foreseeable future? Or is he? Related party sales generally still have to be accounted for (including for IRS purposes) at FMV. To do otherwise is an obvious attempt to avoid tax due.
akidagain2018 is offline   Reply With Quote
Old 02-10-2018, 06:03 PM   #15
gone traveling
 
Join Date: Nov 2011
Location: The Deep South Bay
Posts: 744
My dads home was in a trust and the cost basis resets to the market value at date of his death, we sold the house a few months after he passed and paid no cap gains on it, the gains would have been around $700k

My uncle foolishly just sold off his retail building for 3.1 mil and his tax obligation is 1 million on it, I mentioned doing a 1031 exchange into some income property but only mentioned it that was all.
97guns is offline   Reply With Quote
Old 02-10-2018, 06:06 PM   #16
Thinks s/he gets paid by the post
street's Avatar
 
Join Date: Nov 2016
Posts: 3,185
Thanks and some very good advise. It is interesting when questions like these come up how much a person can learn. I'm not looking to do anything that is illegal but to get your experience on how to handle homes, land and earthly possessions. I also know that your advise is still to go see an expert on the subject but the advise given is a value for thought and opens new views.

Thanks to all some great stuff.
street is online now   Reply With Quote
Old 02-10-2018, 10:34 PM   #17
Thinks s/he gets paid by the post
 
Join Date: Jan 2013
Location: SoCal, SE Florida, Lausanne
Posts: 1,503
Quote:
Originally Posted by street View Post
I have seen few threads related to this subject but haven't seen this question asked.

If I wanted to sell my home to my son or anyone can I sell it for $10.00? The home would be worth a lot more then that. Can I sell it for any price I want too? Is there any legal or financial consequences that could occur?

If I lived in the home and he owned it should be any issues with that arrangement I would think.
"Adding a family member to the deed as a joint owner for no consideration is considered a gift of 50% of the property's fair market value for tax purposes. If the value of the gift exceeds the annual exclusion limit ($15,000) the donor will need to file a gift tax return (Form 709) to report the transfer."

Set it up as an inheritance and you can transfer the home to your trust that your son can inherit or state the transfer of your home in your will. He will be exempt from taxes for the first $5.6 million.
Freedom56 is offline   Reply With Quote
Old 02-10-2018, 10:54 PM   #18
Full time employment: Posting here.
 
Join Date: Jul 2013
Posts: 923
Also, if you sell it on a contract, there is a minimum interest rate that must be charged.

A couple other things to think about. If there is a divorce in the future, will the gift of a house get split up in the divorce. If they get sued, could they lose it that way if they own it outright.

I also have a house to sell to my son. I am thinking that the correct way is to sell it to them at a fair price, with the interest rate slightly above the IRS minimum. Lengthy contract, with a transfer on death type clause. If I choose to gift them something each year to offset payments, that is an option. Or I can build an investment account using their payments, and transfer that account on death. Right now, I suspect that starting an investment account with their name as the beneficiary might make the most sense.
__________________
Well it's all right, we're heading to the end of the line...
Clone is online now   Reply With Quote
Old 02-11-2018, 06:57 AM   #19
Thinks s/he gets paid by the post
 
Join Date: Dec 2014
Posts: 2,429
Quote:
Originally Posted by Clone View Post
Right now, I suspect that starting an investment account with their name as the beneficiary might make the most sense.
Not sure what good this will really do. From this thread I would guess you already have them as a beneficiary. You could just have them to receive a given % of your investment assets without having a separate account. This is no negative issue to create a separate account
bingybear is offline   Reply With Quote
Old 02-11-2018, 07:08 AM   #20
Give me a museum and I'll fill it. (Picasso)
Give me a forum ...
target2019's Avatar
 
Join Date: Dec 2008
Posts: 6,097
Quote:
Originally Posted by street View Post
Thanks and some very good advise. It is interesting when questions like these come up how much a person can learn. I'm not looking to do anything that is illegal but to get your experience on how to handle homes, land and earthly possessions. I also know that your advise is still to go see an expert on the subject but the advise given is a value for thought and opens new views.

Thanks to all some great stuff.
There is a federal and state consideration, I would guess. As you have started, find out everything which may apply to your situation, and filter that through someone who can provide sound, legal advice.
__________________

target2019 is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
selling home and simple living question moneymama FIRE and Money 91 06-04-2015 12:10 AM
Selling the house to my son advise Booo FIRE and Money 22 05-13-2014 08:44 AM
Question About My Son's Lease tgotch Other topics 20 01-31-2011 08:22 PM
Getting son home from Miami today, what fun mf15 Travel Information 3 02-05-2010 05:14 PM
Another question for my son bigla FIRE and Money 13 11-11-2007 11:07 PM

» Quick Links

 
All times are GMT -6. The time now is 11:10 AM.
 
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
×