What are the tax implications of selling a gifted home?

Full question:

My father gave his home to my brother & I via a 'Deed of Gift' 4 yrs. ago. The Fair Market Value at that time might have been $60,000. We have sold the house for $54,000 and will net about $24,000 each after closing costs & realtor fees. What are the Federal income tax points that we need to be aware of? Do we each have a $24,000 capital gain or a $3,000 capital loss?

  • Category: Taxes
  • Date:
  • State: Alabama

Answer:

When property is given as a gift, the recipient generally takes on the donor's cost basis. In your case, since your father gave you the home, your basis is likely the same as his, which is the Fair Market Value at the time of the gift, around $60,000. Since you sold the house for $54,000, you have a loss.

Your net proceeds of $24,000 each do not represent capital gains because you sold the property for less than its basis. Instead, you each have a capital loss of $6,000 ($60,000 basis - $54,000 sale price). You can use this loss to offset other capital gains or deduct up to $3,000 against ordinary income on your federal tax return. For specific advice tailored to your situation, it's best to consult with a local tax professional who can review all relevant details.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

When you receive property as a gift, you typically do not pay taxes at the time of the gift. However, if you later sell the property, you may be subject to capital gains tax based on the difference between the sale price and the cost basis. The cost basis is usually the donor's basis, which is often the fair market value at the time of the gift. If you sell for less than this basis, you may incur a capital loss instead.