Negating Real Property Deed

Sep 27, 2014 1 Replies

Couple A deeded real property (which was and is their personal residence continuously for 30+ years) to Couple B, for no monetary consideration, retaining a Life Estate, and maintaining full possession and control of the property. A year later, Couple A wants to rescind the transfer. Couple B has no objection to Couple A's change of heart/mind but doesn't want to incur any expenses or financial obligations as a result of the aborted transaction. What are the federal tax implications for Couple B if they deed their future interest in the property back to Couple A?


The original transaction can't be revoked. Therefore, it seems you have a gift of the remainderpersons interest that gets valued using IRS Pub

1457. A federal gift tax return would have to be filed. If the remainderpersons are residents of a state that also has a gift tax, then there would be another gift tax return to file.

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