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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.
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.
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.
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 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.
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.
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.
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.
Beneficiaries may need to pay out-of-pocket for ongoing expenses like property taxes, utilities, insurance and general upkeep. Also, the probate process is a matter of public record. This means that the details of your estate, including information about your home, become accessible to the public.
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.
For gifts from individuals the rates are the same, as for inheritance. The standard inheritance tax rate is 40%.
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.
If someone else pays off your mortgage or another significant debt, it could be considered a gift under tax laws.
The primary difference between a gift and an inheritance is the time each occurs. A gift is an asset passed on during a person's lifetime, whereas an inheritance is passed on after the person's death.
If you want to give hefty gifts to your loved ones without worrying about paying a gift tax, you should give something that doesn't exceed the annual credit of $18,000. The good news is that the limit is set per person, and you can pay the same amount to another person in the same year without filing the return.
If you're still a dependent of your parents and they're paying for your higher education--room and board for example--this isn't considered a gift. A transfer of $100,000 to you directly is considered a gift and may be taxable to the giver.
At a glance:
The gift giver pays any gift tax owed, not the receiver. You don't have to report gifts to the IRS unless the amount exceeds $18,000 in 2024 (increasing to $19,000 in 2025). Any gifts exceeding $18,000 in a year must be reported and contribute to your lifetime exclusion amount.
You'll have to file a gift tax return if the vehicle's fair market value brings the total value of gifts you've given the recipient in 2024 above $18,000. That said, even if the gifted car is worth more than $18,000, you likely won't have to pay taxes on the gift.
If you don't file the gift tax return as you should, you could be responsible for the amount of gift tax due as well as 5% of the amount of that gift for every month that the return is past due. If you fail to pay the penalty, you could be responsible for the amount of the gift tax due and .
Bottom Line. The exclusions to the federal gift tax mean you can probably give $50,000 to each of your children without owing any tax. Since a gift of that size is more than the current annual exclusion of $18,000, you would have to file Form 709 to report the gift to the IRS.
Gift the House
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. (Note that you will still have to file a gift tax form.) The downside of gifting property is that it can have capital gains tax consequences for your children.
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.
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.