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January 30, 2021
Question

Parent to child transfer

  • January 30, 2021
  • 1 reply
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Do i need to report the transfer of real property (a house) if the property was not rented in 2020?

    1 reply

    January 30, 2021

    you made a gift that probably had a FMV in excess of $15,000. a gift tax return needs to be filed. TT doesn't do the form.  there are rules he must follow if he ever sells the property

     

     

    The rule governing the basis of gifted assets is commonly referred to as the carry-over basis rule. In the case of loss assets however, this short-hand is misleading. Although a gift of appreciated property will cause the donee's basis to be the same as the donor's (with adjustments for any gift or generation-skipping transfer (GST) tax paid), a donor may not gift a tax loss. Thus, any gift of depreciated property will trigger the so-called dual basis rules under Section 1015(a). This section states, in pertinent part, that for property acquired by gift, "the basis shall be the same as it would be in the hands of the donor...except that if such basis is greater than the fair market value of the property at the time of the gift, then for the purpose of determining loss the basis shall be such fair market value."