Transfer assets into a trust
Certain types of trusts can help avoid estate taxes. An irrevocable trust transfers asset ownership from the original owner to the trust, with assets eventually distributed to the beneficiaries.
As far as avoiding other taxes, you can put money into a Roth IRA so it can grow tax free. You can set up your children as beneficiaries of the account. When you die, they will be allowed to grow the money for another ten years tax free, before they have to withdraw it.
Generally, a person receiving a gift from their family does not have to pay gift tax until a donation exceeds $18,000 (this amount increases to $19,000 in 2025). A gift tax is a government tax imposed on those who give money or property to others in exchange for nothing (or less than total value).
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.
While each situation is unique and other factors might influence the decision, from a tax perspective, inheriting a property is often more beneficial than receiving it as a gift. Considering the overall estate planning strategy and potential non-tax implications is crucial.
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.
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.
Technically speaking, you can give any amount of money you wish as a gift to one or more of your children or any other member of family. Some parents also choose to buy property and put it into their child's / children's name(s).
If you send an international wire transfer over $10,000¹, your bank or financial institution is required by law to report it directly to the IRS. Your bank may also ask for additional information, including the following¹: Evidence for the source of the funds.
One good way is to leave the inheritance in a trust. The trust can be set up with some provisions, such as making distributions over time.
The primary way the IRS becomes aware of gifts is when you report them on form 709. You are required to report gifts to an individual over $17,000 on this form. This is how the IRS will generally become aware of a gift. However, form 709 is not the only way the IRS will know about a gift.
Inheritance checks are generally not reported to the IRS unless they involve cash or cash equivalents exceeding $10,000. Banks and financial institutions are required to report such transactions using Form 8300. Most inheritances are paid by regular check, wire transfer, or other means that don't qualify for reporting.
All About the Stepped-Up Basis Loophole. A stepped-up basis is a tax provision that allows heirs to reduce their capital gains taxes. When someone inherits property and investments, the IRS resets the market value of these assets to their value on the date of the original owner's death.
One option is to leave your house to someone in your will. A will names the beneficiary for each item of property and transfers ownership after the probate process. A will can be easy to prepare.
Use a money-transfer app. Consider a bank-to-bank transfer. Set up a wire transfer. Request your bank send a check.
Can my parents give me $100,000? Your parents can each give you up to $17,000 each in 2023 and it isn't taxed. However, any amount that exceeds that will need to be reported to the IRS by your parents and will count against their lifetime limit of $12.9 million.
The IRS allows you to gift up to $18,000 in money or property to an individual each year without having to report it to the IRS (for the tax year 2024). Even if your gifts exceed $18,000, it's still unlikely you'd have to pay taxes unless you've surpassed the lifetime gift tax exclusion ($13.61 million in 2024).
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.
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.
If you do make a gift over $15,000, you'll need to file tax Form 709 with the IRS. Even if you want to apply the $15,000 to your lifetime exemption, you'll need to file the form so the IRS can keep a running total of the amounts you're counting toward your lifetime exemption.
If you choose to put your house in an irrevocable trust that names your children as the beneficiaries, the property will no longer be part of your estate when you die. By removing it, there will be no estate taxes charged in the transfer and the property will not be subject to Medicaid estate recovery.
A Lady Bird Deed is an estate planning tool that enables a Medicaid beneficiary to protect their home as an inheritance from their state's Medicaid Estate Recovery Program. A Lady Bird (Ladybird) Deed goes by a variety of names, including an Enhanced Life Estate Deed, Lady Bird Trust, and a Transfer on Death Deed.