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Capital Gains - gift portion??? PLEASE help!!!

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TX75143

Junior Member
What is the name of your state (only U.S. law)? TX

My husband inherited a home from his father in 1994. He paid the mortgage for a number of years and allowed younger brothers and sisters as well as his mother to live in the house with him. When we got engaged in 2009, he made arrangements to sell the house to his brother.

The problem is that he received only $110,000 from his brother, and the escrow company gave him a 1099-S with 300,000 on line 2. The company told him that since houses were going for $250-300K in that neighborhood, he would have to list the remainder as a "gift" which is all spelled out in the closing statement.

There are misc smaller fees, but the main numbers are "total consideration" of $300,000, gift equity transfer of $135,000, loan payoff of $53,000, and balance due of $110,000 (the amount of the check he actually received.

He has been laid off since last September and it wasn't a good year at work. He made $17,000 last year, and I made $6,000. We really can't afford extra taxes on money he never really received, and I could really use some help and guidance of what needs to be done, if anything can be?

Oh, we were married in August of 2009. He lived in the house since his father's death, did not collect rent from his brothers and sisters or mother, and moved out when he transferred it to his brother in April 2009. I never lived there (since he moved out before we were married).

More details:

Father passed away in 1994.
House is located in California
Loan balance at that time was about $75,000
Value of home was also around $75,000
My husband took over that loan (refinance), transferred the deed solely into his name, and took out an additional loan of $40,000 in order to build an addition onto the house so the entire family (his brother and sisters as well as mother) could all live there.
So his total indebtedness on the house was about $115,000
He paid on it until March/April 2009, then sold it to his brother
His brother took out a loan of about $160,000, paying off the rest of the loans ($53,000) and giving my husband $110,000

So his real "proceeds" from the house was about $48,000 considering the loan was paid off as well? I'm not exactly sure how to consider everything.

I don't have any idea how to handle it on taxes either. It was his primary residence, he didn't own any other property. He used part of the money to live on while laid off, put $43,000 into buying a house (paid off) in February 2010.

Please, please, any advice is appreciated. I've just filed simple forms for the past few years, since I lost my business, and I'm not up on all the tax laws, as well as I never had a capital gains to file. Thank you to anyone who can help!!!What is the name of your state (only U.S. law)?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? TX

My husband inherited a home from his father in 1994. He paid the mortgage for a number of years and allowed younger brothers and sisters as well as his mother to live in the house with him. When we got engaged in 2009, he made arrangements to sell the house to his brother.

The problem is that he received only $110,000 from his brother, and the escrow company gave him a 1099-S with 300,000 on line 2. The company told him that since houses were going for $250-300K in that neighborhood, he would have to list the remainder as a "gift" which is all spelled out in the closing statement.

There are misc smaller fees, but the main numbers are "total consideration" of $300,000, gift equity transfer of $135,000, loan payoff of $53,000, and balance due of $110,000 (the amount of the check he actually received.

He has been laid off since last September and it wasn't a good year at work. He made $17,000 last year, and I made $6,000. We really can't afford extra taxes on money he never really received, and I could really use some help and guidance of what needs to be done, if anything can be?

Oh, we were married in August of 2009. He lived in the house since his father's death, did not collect rent from his brothers and sisters or mother, and moved out when he transferred it to his brother in April 2009. I never lived there (since he moved out before we were married).

More details:

Father passed away in 1994.
House is located in California
Loan balance at that time was about $75,000
Value of home was also around $75,000
My husband took over that loan (refinance), transferred the deed solely into his name, and took out an additional loan of $40,000 in order to build an addition onto the house so the entire family (his brother and sisters as well as mother) could all live there.
So his total indebtedness on the house was about $115,000
He paid on it until March/April 2009, then sold it to his brother
His brother took out a loan of about $160,000, paying off the rest of the loans ($53,000) and giving my husband $110,000

So his real "proceeds" from the house was about $48,000 considering the loan was paid off as well? I'm not exactly sure how to consider everything.

I don't have any idea how to handle it on taxes either. It was his primary residence, he didn't own any other property. He used part of the money to live on while laid off, put $43,000 into buying a house (paid off) in February 2010.

Please, please, any advice is appreciated. I've just filed simple forms for the past few years, since I lost my business, and I'm not up on all the tax laws, as well as I never had a capital gains to file. Thank you to anyone who can help!!!What is the name of your state (only U.S. law)?
He has to file a gift tax return for the portion of the equity that he gifted to his brother. That will not result in any actual tax unless he has exceeded his lifetime gifting exclusion of 1,000,000.

Since the home was his primary residence, and he had capital gains of less than 250,000 (110,000 cash plus 135,000 gift = 245,000) he can also exclude that money from income as well.

Both transactions however are somewhat complicated if you are not experienced with tax. It may be in his best interest to see a tax professional this year.
 

FlyingRon

Senior Member
The capital gain is even less than $245,000. The basis is probably $75,000 + the $40,000 capital improvement mentioned. But as mentioned, even not accounting for the basis, it all can be excluded.

Lidj didn't mention it, but California follows the federal rules on the exclusion as well, so he's safe for both state and feds.
 

TX75143

Junior Member
Thanks to both of you, very much. I would have posted my thanks sooner, but we don't have internet and I had to come back to the library to get online. So thank you!!! I'll look into those other things that need filing and see if I can do it. Otherwise, I'll see if we can find a tax professional. Thanks so much!
 

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