Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-16-2004, 09:42 PM
Suzanne 123
Guest
 
Posts: n/a

tax basis on sale to family member


What is the name of your state? CA
This is a four part question. First, the history:
My parents placed their home in a QPRT, but only one parent survived the term. Hence, half the house was transfered to the offspring, and the surviving parent pays rent on that half, while the other half reverted to the trust upon the death of the first parent.
First, does the half that reverted back to the estate upon the first parent's death have a stepped up basis?
Second, if an offspring wishes to purchase that interest, does he inherit the property tax basis under Prop 13?
Third, if the offspring also wishes to purchase the remaining interest from his siblings, does the tax basis remain the same? What about the parent purchasing back the interest from the offspring?
Fourth, is the cost basis on the QPRT half the original cost basis or the stepped up cost basis? And if one sibling lives out of state, can he still shelter $250,000 in gains? I'm assuming that he cannot shelter $500,000 as his spouse was not part of the QPRT, correct?
Thanks so much!
  #2  
Old 01-17-2004, 12:36 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Please post in the Tax Law forum.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

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 Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 01:40 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.