Home     Law Advice     Insurance Advice     Community    
Tax Law : Federal, State and Local Income Taxes, Sales Taxes, etc. For Estate, Gift and Inheritance Taxes, Please Post Under Will, Trusts & Estate Planning
Go Back   FreeAdvice Legal Forum > TAX LAW > Tax Law

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-09-2003, 11:40 AM
jocatch
Guest
 
Posts: n/a

How to handle tax on sale of house given by parents?


New York State

A couple years ago my elderly parents put their winter house in Flordia in my name because of poor health. (They lived in NYS). My mother passed away recently and now my father wants to sell the house in Flordia and use the money to live on or to give to his children. Since it is in my name, I am wondering how to I handle the sale of the house on my taxes? My wife and I both work and itemized every year and already own the house we live in here in NYS. Can I assume the money from the sale of the house is all treated as income for me? Does any of this come under captial gains? Would that the tax burden? Can I income average? The house will sell for about $40k. Should I just put away a few thousand from the sale of the house to pay my increased taxes next year?
  #2  
Old 01-09-2003, 01:31 PM
loku
Guest
 
Posts: n/a
The gain from the sale of the house will be income to you. It will be long-term capital gain, and the amount of the gain will be the difference between the sale price and your parents basis at the time of the sale (assuming the fair market value of the house at the time of the gift was more than the basis to your parents), minus the cost of any additions to the property you have made, and minus any depreciation you have taken on the house.

There is no more income averaging, so you should figure the tax on the gain and make an installment of estimated tax in that amount.
  #3  
Old 01-10-2003, 08:26 AM
jocatch
Guest
 
Posts: n/a
Well, your answer addresses what I was wondering but I don't understand. You said the taxable amount would be the selling price minus the basis of my PARENTS. Since the house is in my name I didn't know I could still use THEIR basis for the calculations. I have zero basis in it because I haven't done a thing yet regarding it. Two years ago when they put it in my name, I didn't do anything tax wise. Was I suppose to?

So if the house was bought by my parents for $25k and is sold today for $50k and they put in $5k in improvements, I would claim a profit and income of $20k on my taxes? If so then the only problem I have is trying to find all the records my father has somewhere! He is getting very forgetful and it may take a while to find all the old paperwork. Thanks for your help.
  #4  
Old 01-10-2003, 12:53 PM
Senior Member
 
Join Date: Aug 2002
Location: Washington
Posts: 3,484
The reason you use their basis is because the house was a gift. As for figuring out the basis, you might try the county property records. Somewhere there should be an excise tax return from when they bought the house listing the selling price. Building permits would help you figure out if they made any improvements & what they were.
__________________
This post does not constitute legal advice, nor does it create an attorney-client relationship. Postings are based only on the information provided and you should consult an attorney in your area before relying on information contained in this post.
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 10:54 AM.



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.