caroljo
Level 5
12-07-2019
02:16 AM
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My client sold their house to their granddaughter for 325,000 and gifted her 81,250 as gift of equity. Do I use that amount as a expense of sale or not?
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rbynaker
Level 14
12-07-2019
02:16 AM
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Here's the other thread:
https://accountants-community.intuit.com/questions/1527620
Which leads you to Reg 1.1015-4:
https://www.law.cornell.edu/cfr/text/26/1.1015-4
Rick
https://accountants-community.intuit.com/questions/1527620
Which leads you to Reg 1.1015-4:
https://www.law.cornell.edu/cfr/text/26/1.1015-4
Rick
caroljo
Level 5
12-07-2019
02:16 AM
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Thank you all very much for your time.
abctax55
Level 15
12-07-2019
02:16 AM
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"or not?"
Not. Gifting to a relative is not deductible (unless that relative is a not-for-profit).
HumanKind... Be Both
Marc-TaxMan
Level 8
12-07-2019
02:16 AM
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IRS considers it 2 transactions: part sale (with proportional basis); part gift with carryover basis.
Assuming full value is $320,000 IRS considers approx 75% to be a sale (of 75% of their basis) and 25% to be a gift.
The 75% purchased gets new basis to purchaser; the 25% gift gets carryover basis to donee.
abctax55
Level 15
12-07-2019
02:16 AM
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Good answer - I read the question *they sold the house, gave her cash*.
I really shouldn't answer questions until all the coffee is on board
I really shouldn't answer questions until all the coffee is on board

HumanKind... Be Both
caroljo
Level 5
12-07-2019
02:16 AM
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They sold the house for 325,000, the settlement sheet shows 81,250 "gift of Equity from sellers", with a balance of 243,000 loan amount from buyer. So how do I report this? I probably shouldn't ask questions until all the coffee is on board also.
rbynaker
Level 14
12-07-2019
02:16 AM
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I think we had a similar discussion a couple years ago and @TaxMonkey had a great cite for it. I remember the regs being counter-intuitive to me but I don't remember what they said. 🙂
TaxMonkey
Level 8
12-07-2019
02:16 AM
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Marc. Taxman if you have a chance please review the thread linked below, and 1.1015-4. I do not believe that your answer is consistent with the Treas Reg.