Skip to main content
January 5, 2025
Solved

If I Buy a house for my daughter and her husband and then in a few years, sell it to them at a loss to me, are there tax implications?

  • January 5, 2025
  • 2 replies
  • 0 views
No text available
    Best answer by Bsch4477

    You don’t get to deduct any loss from selling personal property. The difference between the fair market value of the home and the amount you sold it to them for is a gift requiring form 709 but you would probably not owe gift tax in view of the lifetime high gift/estate tax exclusion. 

    2 replies

    Bsch4477Answer
    Employee
    January 5, 2025

    You don’t get to deduct any loss from selling personal property. The difference between the fair market value of the home and the amount you sold it to them for is a gift requiring form 709 but you would probably not owe gift tax in view of the lifetime high gift/estate tax exclusion. 

    January 5, 2025

    the loss won't be deductible by you. if you sell for less than fair value. a gift tax return might be required.

    you have not stated whether there's a mortgage.  if they maintain the house, pay the mortgage if any and real estate taxes, they may be regarded as equitable owners (for income tax purposes) which would entitle them to deduct the real estate taxes and mortgage interest they pay.

     

    You might want to discuss this with a tax pro since it might be a lot simpler to gift them the cash to buy the house.  One downside to what you suggest is that you are the legal owner and probably will need to carry insurance 

     

     

     

     

     

    tennreed1Author
    January 5, 2025

    What if we rented it to them for a small amount?  Does it then not be considered personal property?

    Employee
    January 5, 2025

    Rental of a dwelling unit (for profit):

    • The tax treatment of rental income and expenses for a dwelling unit that you also use for personal purposes depends on how many days you used the unit for personal purposes.
    • Renting to relatives may be considered personal use even if they're paying you rent, unless the family member uses the dwelling unit as his or her main home and pays rent equivalent to the fair rental value.
    • Refer to Publication 527.