Best choice (by Sandra [MO]) Nov 27, 2024 4:59 PM
Best choice (by Richard [MI]) Nov 27, 2024 5:23 PM
Best choice (by Just Tim [AR]) Nov 27, 2024 7:37 PM
Best choice (by Robert J [CA]) Nov 28, 2024 12:35 AM
Best choice (by Ray-N-Pa [PA]) Nov 28, 2024 10:11 AM
Best choice (by Joel Miller [PA]) Nov 28, 2024 11:19 AM
Best choice (by S i d [MO]) Nov 29, 2024 10:25 AM
Best choice (by LisaFL [FL]) Nov 29, 2024 8:03 PM
Best choice (by WMH [NC]) Nov 29, 2024 9:06 PM
Best choice (by Joel Miller [PA]) Nov 29, 2024 10:31 PM
Best choice (by Jim [CA]) Nov 30, 2024 3:32 AM
Best choice (by WMH [NC]) Nov 30, 2024 9:59 AM
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Best choice (by Sandra [MO]) Posted on: Nov 27, 2024 4:59 PM Message:
Hello everyone my husband is 68 and retired, Im 59 and still working part time! We have 3 rental properties. I know if we sell the rental my husband medicare will go up maybe in 500 a month range. We had our 1st rental in 2010 and 2012 and 2014 the last one. We have a son who is 23 . If we don't sell our rentals what is the best way to pass it to our son ? What are the tax implications for him? I hate to pay extra for medicare since its based on on income --172.59.xxx.xx |
Best choice (by Richard [MI]) Posted on: Nov 27, 2024 5:23 PM Message:
There are people with better tax knowledge than me on here but here is what I think/know.
1. Each of us has particular needs and other stuff that affects the tax that will be due.
2. You should consult a tax expert that can assess your particular situation.
3. In general, with current tax rules, which may likely change, once you are both gone, your son inherits the properties at a stepped up basis at that time. This may change - hey, it's the government.
4. There's one strategy that says keep the places, borrow against them and let the children inherit.
5. There's also the idea of using 1031 exchanges to swap existing places for others.
6. Also, depending on what happens in this country, some people consider investing in other countries and real estate there. But then you have to deal with the rules and taxes there.
Looks like some research is needed to see what works best for you. --75.7.xx.xx |
Best choice (by Just Tim [AR]) Posted on: Nov 27, 2024 7:37 PM Message:
Most likely, a revocable trust (living trust) with you and your husband as co-trustees and your son as successor trustee and heir. Your son would be able to immediately take over the management and complete control of the properties when the last of the two of you passes without having to get court approval of any kind (or before under certain circumstances such as incapacitation). Your son's basis in the properties would be the value upon the date the last of you two passed, so if he sells he would have no gain / no tax. --68.1.xxx.xxx |
Best choice (by Robert J [CA]) Posted on: Nov 28, 2024 12:35 AM Message:
My first rental I purchased at 18 years old, some 46 years ago. Too many of my fellow investor/landlords will over to their kids in the form of a LIVING FAMILY TRUST. But kids are dumb and parents were too lazy to teach their kids on what to do and how to handle things.
For example, when I die, My Living Family Trust gets divided into two trusts. I decedents Trust and the Survivors Trust. So if my wife re marries my trust's income goes to my wife but when she passes on, my trust goes to our kids. Her trust, 1/2 of our trust, can go wherever she wants.
Most kids take assets out of their parents trust and then when they divorce, all of the parents assets goes to the X, not the grand kids.
You have to consult a Probate/trust lawyer. Not a family lawyer, or other types. And pay around $5,000 to set things up. --173.205.xxx.xx |
Best choice (by Ray-N-Pa [PA]) Posted on: Nov 28, 2024 10:11 AM Message:
I would put it into a land trust instead of living trust.
If you still want to sell the place though, you could do an installment sale - that would limit the tax hit to just the money that is corrected.. --24.101.xxx.xxx |
Best choice (by Joel Miller [PA]) Posted on: Nov 28, 2024 11:19 AM Message:
If you don't have mortgages on the properties (and your son actually wants to own and operate rental properties now and not just in the future when he inherits them), you could consider selling the properties to your son now using seller financing. Like Ray said, the income from the gain would be spread out, so it would not impact your Medicare as much.
In this scenario, you enjoy the monthly mortgage payments (like you enjoy the rent now), and the management shifts to your son, although you could help him out as much as you all agree is practical.
Having your son inherit the properties implies that you actually owned and operated them until death, which may not be that much fun.
I am the author of the best-selling book "Build Real Estate Wealth: Enjoy the Journey of Rental Property Investment" which is available on Amazon. It would be a great resource for you and your son in this matter. --184.56.xx.xxx |
Best choice (by S i d [MO]) Posted on: Nov 29, 2024 10:25 AM Message:
Richard's answer is likely best: seek professional help from people who do this day-in and day-out. I would agree, based on what my CPA has told me, that the best case scenario is to bequeath the property to him in your estate, assuming current law doesn't change.
The stepped up basis requires that at the time your son inherits, the property must be appraised. That will become his new basis in the property. If/when he sells someday, he will only owe taxes on the different between his net profits and the new basis (less any depreciation). A considerable savings indeed, especially if you owned the property for a lengthy period and it was fully depreciated. The stepped up basis eliminates all taxes owed from appreciation of the asset as well as the deprecation recapture.
I am not a tax expert. Consult a CPA in case I'm mistaken on any of the above.
Thank you for being thoughtful about this aspect of your life. I've met too many people who don't want to talk about death or their estate, and once it's too late it becomes a mess for those left behind. It is a gift of love to your family to set your wishes out clearly and legally and make sure everyone knows about them.
--184.4.xx.xx |
Best choice (by LisaFL [FL]) Posted on: Nov 29, 2024 8:03 PM Message:
Joel Miller, your understanding is incorrect based on my experience. You can not sell a property to a family member under an installment sale and spread out the taxes based on when the payments are received. It is treated/taxed as if the funds were paid in full the year of the sale- even though they are not.
I wanted to do the same thing and it’s just not doable when selling to a family member even if they pay market price.
I would love to be wrong. --75.89.xxx.xxx |
Best choice (by WMH [NC]) Posted on: Nov 29, 2024 9:06 PM Message:
The thing is, you *cannot* appear to be avoiding taxes. If you are going to sell to a family member, you must sell at fair market value and charge market interest and involve any professional you would involve if you were selling to a stranger. If it appears you were in any way trying to avoid taxes - and the IRS *will* scrutinize a transaction between family members - you can trigger the gift tax to the seller or capital gains in year of purchase, or both. Or more. --173.28.xx.xxx |
Best choice (by Joel Miller [PA]) Posted on: Nov 29, 2024 10:31 PM Message:
I made no implication in my prior post that the intent of selling the property to their son using seller financing would be for the avoidance of taxes; only for the avoidance of having to own and operate the property until death...which doesn't seem like a great idea to me. My assumption was that the property would be sold at market value to the son with a typical interest rate via a routine closing with normal documentation.
According to my research, the installment method (for a sale to a related party) can be used if the IRS is satisfied that tax avoidance was not one of the principal purposes of the sale ( Code Sec. 453(g)). --184.56.xx.xxx |
Best choice (by Jim [CA]) Posted on: Nov 30, 2024 3:32 AM Message:
It only goes up the year you realize the increase in income. --198.54.xxx.xxx |
Best choice (by WMH [NC]) Posted on: Nov 30, 2024 9:59 AM Message:
Joel I was answering Lisa when she said it couldn't be done. As you indicated, it can, it just has to be completely above-board and transparent. --173.28.xx.xxx |
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