Gifting property generally does not avoid capital gains taxes; it usually transfers the potential tax liability to the recipient. While you avoid immediate tax upon gifting, the recipient inherits your original cost basis ("carryover basis"), meaning they face a high tax bill if they sell it later, rather than a "stepped-up" basis at death.
Gifts of cash have no capital gain tax implications, but gifts of assets like stock or real estate that have a tax cost and have appreciated in value since the asset was purchased carry with them significant capital gain tax implications if and when that asset is sold.
Drawbacks to gifting real estate
Here are four potential options you may want to consider:
Generally, from a tax perspective, it is more advantageous to inherit a home rather than receive it as a gift before the owner's death.
If the person who receives the gifted property (the donee) sells it after holding it for more than 24 months, the profit will be taxed as long-term capital gains at a rate of 12.5%.
You can avoid capital gains taxes on inherited property by minimizing the time for appreciation. Selling immediately after inheritance typically results in minimal capital gains tax because there's little time for the property to appreciate beyond its stepped-up basis.
The popular "5 Gift Rule" focuses on meaningful giving with categories: Something they want, something they need, something to wear, something to read, and something to experience/do, ensuring a mix of joy, practicality, and lasting memories, while general gift-giving rules emphasize thoughtfulness, personalization, considering the recipient's interests, keeping it appropriate for the occasion, and presentation.
Gift With a Reservation of Benefit
Suppose you continue to live in the property after you have gifted it. In that case, you will be seen as having “reserved the benefit” of the property, and the gift will be set aside for Inheritance Tax purposes, even if you should survive the gift by seven years.
The "6-year rule" for Capital Gains Tax (CGT) in Australia allows you to treat a former main residence as tax-exempt for up to six years after you move out, even if you rent it out, enabling you to avoid CGT on any growth during that period. You qualify by moving out, choosing to treat it as your main home for tax, and can reset the rule by moving back in. If you rent it out for longer than six years, only the portion of the gain after the six-year mark becomes taxable.
Generally, the following gifts are not taxable gifts.
Basis of Property from Gifts
Generally, a taxpayer who acquires property by gift takes a basis in the property equal to the donor's adjusted basis in the property at the time of the gift (referred to as transferred or carryover basis).
Gifting property means losing control, facing potential capital gains tax issues (no "step-up in basis" for the recipient), risking the asset in the recipient's creditors or divorce, and complicating Medicaid eligibility due to look-back periods, all while potentially creating family conflict or financial insecurity for the giver.
Selling a Principal Place of Residence Within Two Years
As mentioned, if the inherited property was the deceased's principal residence, selling it within two years of their death can result in a full CGT exemption. This is one of the simplest and most effective ways to avoid paying CGT.
Consider the potential impact of capital gains taxes
If you gift cash, generally there are no income tax consequences for the recipient, though there could be gift and estate tax implications to the donor. But if you give appreciated securities, the capital gains taxes can be significant.
Capital gains tax rates
A capital gains rate of 0% applies if your taxable income is less than or equal to: $48,350 for single and married filing separately; $96,700 for married filing jointly and qualifying surviving spouse; and. $64,750 for head of household.
A Living Trust Does Not Eliminate Capital Gains Taxes
Another common myth is that putting a home or investments in a trust removes capital gains tax obligations. However: If you sell an asset while it's in a revocable living trust, you still owe capital gains tax on any profit.
Give more money away
Lifetime gifting is a straightforward way to begin reducing your IHT bill. By gifting money during lifetime, that would have been part of an inheritance anyway, you reduce the size of your estate so that there is smaller amount subject to IHT on your death.