My 90 yr old client gifted 4 rental properties and her personal residence to her grandson. I understand that his basis will be her basis and both the FMV and basis will be stated on the gift tax return. I am not sure of how to prepare her 1040. I was thinking to just stop the depreciation as of the date of the gift. Is there anything else that has to be done on the 1040 so IRS knows the properties were disposed of by gifting?
Gift of rental property
Jan 19, 2021
Last reply: 5 years ago
4 Replies
This isn't an answer to your question, and you may know this already, but it would have been much better for her to sell (on an installment sale) or lease the properties to her grandson, and then let him inherit then when she dies.
I know that we don't have all of the details, and there 'might' have been a valid reason to have done it this way, but to Stu's point, the son now has properties with a low basis, possibly close to zero, and a huge tax bill on the sale of any of these.
On a personal note - same thing happened in my family. Grandmother died, transferred house to father, well before her death. Father to mother, long before he died. I had a long talk with mom, told her the way to protect the house was to put it in a trust for my sister, I offered to pay the cost. She ignored the advice and the family lawyer transferred to my sister. Now, mom passed 5 years ago, and sister has a house with original basis, $4000, instead of the step-up to about $1M. I'm a cynic, and unless I know why the lawyer did this, I'm not harboring good thoughts about him/her. (If it was for medicaid/ nursing home issues, there's still a lookback provision, 5 yrs, I believe)
Sounds like the lawyer did this because that is what your mom instructed him to do. Likely even after he gave her the same advice you did. I have seen similar.
And the lawyer may well not have properly educated his client. I've seen too many lawyers who know nothing about estate or tax planning, advise on those matters and cause problems that can't be fixed.
Join the Discussion
Have something to add? Share your thoughts — no account required.
Didn't find your answer?
Ask the community — no account required