The capital gains tax implications for the recipient of a gifted home are directly tied to the property's basis and the donor's holding period. If the recipient sells the home, they will owe capital gains tax on the difference between the sale price and their basis in the home.
A: There are likely no taxes due if you gift instead of sell your home to your son. You could, in fact, avoid capital gains tax. Transferring the home to your son is considered a gift. Currently, you can gift up to the federal estate and gift tax exemption amount of $12.06 million.
Generally no. You would at least have to file a form 709 to report the amount to eventually be included in your lifetime gift/estate tax exemption. Moreover, it will put your children at a disadvantage when they sell the home compared to inheriting at your death.
A common question, and one where many taxpayers often make mistakes, is whether it is better to receive a home as a gift or as an inheritance. 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.
When you receive a gift, you generally take the donor's basis in the property. (This is often referred to as a "carryover" or "transferred" basis.) The carryover basis is increased – but not above fair market value (FMV) – by any gift tax paid that is attributable to appreciation in the value of the gift.
It might be a consideration, for example, if the parents plan to downsize to a new condo or make a former vacation home their full-time residence. However, while such generosity may be admirable, giving a house away is a decision with serious financial consequences for everybody concerned.
Use the annual gift tax exclusion.
Each year, you can give a certain amount of property to a family member without incurring gift taxes. As of 2024, the annual gift tax exclusion is $18,000 per recipient. This means you can gradually transfer property over several years to minimize tax liabilities.
Parents can make an outright gift of a home to an adult child. Any gift that exceeds the 2024 annual exclusion of $18,000 will be subject to gift tax and require that a gift tax return be filed.
You have a few options if you've already received property as a gift: You can simply keep the gift. You'll be on the hook for taxes if you sell the property, but the basis will step up for your heirs if you hold onto it until you die. They can then sell it and shelter some of the capital gains.
Any gifts exceeding $18,000 in a year must be reported and contribute to your lifetime exclusion amount. You can gift up to $13.61 million over your lifetime without paying a gift tax on it (as of 2024). The IRS adjusts the annual exclusion and lifetime exclusion amounts every so often.
If someone else pays off your mortgage or another significant debt, it could be considered a gift under tax laws.
The gift tax is a tax on the transfer of property by one individual to another while receiving nothing, or less than full value, in return. The tax applies whether or not the donor intends the transfer to be a gift. The gift tax applies to the transfer by gift of any type of property.
For gifts the holding period is the sum of the time held by the donor and the donee, sometimes referred to as a tack-on holding period.
Bottom Line. California doesn't enforce a gift tax, but you may owe a federal one. However, you can give up to $19,000 in cash or property during the 2025 tax year and up to $18,000 in the 2024 tax year without triggering a gift tax return.
If you received a gift or inheritance, do not include it in your income. However, if the gift or inheritance later produces income, you will need to pay tax on that income. Example: You inherit and deposit cash that earns interest income. Include only the interest earned in your gross income, not the inherited cash.
Gift tax is paid by the giver of money or assets, not the receiver. The good news is that this threshold is so high that few people end up having to pay the gift tax. These thresholds are referred to as exclusions.
Gift the House
But you can gift a total of $13.61 million (in 2024) over your lifetime without incurring a gift tax. If your residence is worth less than $13.61 million and you give it to your children, you probably will not have to pay any gift taxes.
Many people who are worried about what will happen to their home when they die ask us whether it would be better to simply add their child's name to their deed. We caution against adding your child to your deed and, in almost all cases, recommend including them in your will instead.
The Bottom Line: You Can Gift A House To A Friend Or Family Member. Whether you want to gift your house to a friend, loved one or charitable organization, it's possible. Gifting a house comes with benefits for you and the recipient if your estate's gross net is below the tax exemption amount.
Parents and other family members who want to pass on assets during their lifetimes may be tempted to gift the assets. Although setting up an irrevocable trust lacks the simplicity of giving a gift, it may be a better way to preserve assets for the future.