Yes, you can technically sell your house to your son for $1, but the IRS considers this a gift for the difference between the sale price and the fair market value. This transaction requires a gift tax return (Form 709) and can cause significant capital gains tax liabilities for your son when he sells it, as he inherits your original, likely lower, cost basis.
You may consider the option of selling your house to your children. If you sell the house for less than fair market value, the difference in price between the full market value and the sale price will be considered a gift.
To transfer property tax-free to family in the U.S., use methods like gifting within the annual exclusion ($19,000/person in 2025), leveraging the large lifetime exemption (around $13.99M in 2025), creating a Qualified Personal Residence Trust (QPRT), or using a life estate, but beware of capital gains for the recipient and potential Medicaid transfer penalties, with inheritance often offering a better step-up in basis to avoid future capital gains.
Inheriting a home provides a “step-up” in cost basis for capital gains tax purposes, meaning you're taxed only on appreciation after the date of inheritance. By contrast, buying a house for $1 means your cost basis is the original owner's purchase price — potentially leading to higher taxes if you sell in the future.
There are several ways to pass on your home to your kids, including selling or gifting it to them while you're alive, bequeathing it when you pass away or signing a “Transfer-on-Death” deed in states where it's available.
When selling property to family, the IRS treats sales below fair market value (FMV) as a partial gift, triggering gift tax reporting (Form 709) if over the annual exclusion ($19,000 per person in 2025). You cannot deduct losses on sales to related parties, but gains are taxed; proper documentation (like an appraisal) is crucial for any below-market sale to prove it's a bona fide transaction and avoid IRS scrutiny, especially concerning capital gains or gift tax rules.
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%. If the property is sold within 24 months, the profit is treated as short-term capital gains and taxed at 20%.
Steps to selling your home to a family member
Yes, your parents can gift you a house, but it involves navigating tax implications (like filing gift tax forms and potential capital gains taxes for you) and legal steps, with potential downsides like higher property taxes or Medicaid transfer penalties for them, making it crucial to consult a lawyer or financial advisor to understand the specific federal and state rules, especially regarding the cost basis, gift tax exclusion, and lifetime exemption.
The "2-year, 5-year rule" primarily refers to the IRS rule allowing homeowners to exclude up to $250,000 (or $500,000 married) of capital gains from the sale of their primary residence if they owned and lived in it as their main home for at least 2 years out of the 5 years before the sale, meeting both ownership and use tests within that 5-year window. There's also a "5-year rule" for Roth IRAs, requiring separate 5-year periods for contributions and conversions to avoid taxes.
The short answer: Yes, you can absolutely sell a home below market value—and legally gift the difference. It's a legitimate and frequently used estate planning strategy that can support younger generations, avoid probate, and reduce estate tax exposure.
This step-up makes inheritance a better way to transfer property to family than selling below market value in some situations. Your primary residence exclusion could offer much-needed relief if you bought your home for $1.
It allowed sellers to claim CGT exemption for the final 36 months of ownership, even if they had moved out. However, this was reduced to 18 months in 2014 and further to 9 months in 2020, which remains the rule today. This general law is in place as it prevents short-term transaction benefits concerning taxation.
You do not have to pay CGT on assets you gift (or sell) to a spouse or civil partner, unless you're separated and did not live together during the tax year in question. Additionally, you don't have to pay CGT on any assets you gift to charity.
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.
If your parents sell you their home for less than it's worth, the IRS treats that discount as a gift known as a “gift of equity.” As the gift recipient, you don't have to pay taxes on that money but your parents may have to file a gift tax form.
For smaller gifts, an individual taxpayer can benefit from the annual gift tax exclusion, which allows you to gift up to $19,000 per recipient in 2026 ($38,000 for married couples filing jointly) without having to pay taxes. There is no limit to the number of individuals you can gift this amount to in a year.
Here are five ways to avoid paying capital gains tax on inherited property.
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.