Taxation of Property Received as a Gift Flashcards

1
Q

Is there an income tax effect on the receipt of a gift?

A

NO

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2
Q

What happens if there is the Sale of a Gift that is:

Above the Previous Owner’s Basis

A

If a gift property is sold by the recipient for more than the previous owner’s basis, the difference is a taxable gain to the person making the sale.

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3
Q

What happens if there is the Sale of a Gift that is:

Drops in value below previous basis

A

The sale could create a loss even though the seller never paid for the item.

= Proceeds from Sale - Lower of the Owners Previous Basis / FMV @ Date of Gift

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4
Q

What happens if there is the Sale of a Gift that is:

REBOUND: when the sales price is below the previous basis, then rebounds back above

A

No taxable gain or loss.

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5
Q

What is the holding period for gift property?

A
  • If you get to use the prior owner’s basis (gains), then you also use the prior owner’s holding period.
  • If you don’t get to use the prior owner’s basis (losses), then your basis starts on your first day of ownership.
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6
Q

Gift Tax Exemption for The Donor

A

Although no tax is paid by the recipient, the DONOR may have to pay gift tax if the gift is greater than $15,000 to any one person.

*Married couples can give away $30,000 without a gift tax.

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7
Q

Gift Tax Exemption - in what cases can you give more than $15,000?

A

If you are paying

MEDICAL BILLS

TUITION (not room and board) (MUST BE PAID DIRECTLY TO COLLEGE)

GIFTS BETWEEN SPOUSES ARE TAX FREE

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8
Q

Business Deductible Gifts to customers are limited to:

A

$25 per customer

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9
Q

Business deductible gifts to employees:

A

Excluded up to $25, as long as gifts are not cash or gift certificates

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10
Q

Would the sale of an inherited property be S-T or L-T?

A

Long-term holding period

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11
Q

Basis for Inherited Property?

A

Inherited property is assigned FMV at the date of death

“Step up basis”

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12
Q

What does the word conveyance mean?

A

The day that inherited assets are received

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13
Q

The executor of the will can choose an alternate date to value all the assets. What date is this?

A

Either the date of death, or six months after.

*If any property is conveyed during the 6 months, value is FMV on date of conveyance.

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14
Q

When property is received as a gift, and property is sold for ABOVE the donor’s basis, what is the holding period used?

A

Gain, receive the holding period of the donor

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15
Q

Property purchased from a RELATED PARTY, what is the holding period?

A

From the date of purchase

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16
Q

To get the $250,000 exemption, can the property be used as a vacation home?

A

NO, must be a primary residence.