My father has a home that he wants to put under my name. Will I have to pay taxes on how much the home has gone up in value?

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When you sell you will have to pay capital gains based on your fathers basis. It’s way better from a tax perspective to inherit appreciated property.

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Why wouldn’t you put this property into a land trust? That’s what I do with all my houses (three). Then, what I do, at least, is assign the beneficiary interests to an LLC (Delaware ones—an LLC for each trust, actually). I would never own property in my own name. Technically, all I really own are membership interests in LLCs and beneficial interests in trusts. Which are assigned to LLCs. Make yourself basically judgment proof.

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A2–MA does, yes (even for trusts—not LLCs) But I can’t take advantage of it because I’m officially domiciled in FL.

Not if it is classified as a gift. Parents can gift their children something high like $18M tax free in their lifetime (in the US)

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12.5/person. But that’s total lifetime gifts not just kids. So 2 parents could in theory gift 25 million (in excess of the yearly limit)

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He will have to pay gift taxes on the market value of the home if he does this. And you won’t owe taxes up front but when you sell your basis will be whatever his basis is today. It’s much better to inherit property than be gifted it from a tax perspective. That said unless he’s worth over $12mm he can use some of his lifetime exemption and gift it to you tax free. But he needs to file the proper forms with his tax return.

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Unless the house is owned in a trust, there's no way to designate a "beneficiary". He could retitle the house so that he retains a life estate and you are the remainderman, but there are issues with that type of structure as well. You really should speak to an attorney in your state to walk you through. Which structure is best for your dad. Estate/gift taxes may not be an issue, but there are lots of other things to consider.

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There are some serious tax consequences depending on when and how this property changes hands. You should really consult a tax professional to understand both sides of this.

Has your father told you why he wants to transfer the property to you?

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Is your father approaching an age where his health may be a concern?

As unfortunate as it is to say, inheriting the property after death is much better for you from a tax situation. If he’s concerned about the siblings fighting over it, then a living will is a better solution financially than adding you to the title. Research how a step-up basis in accounting works.

Speak to a real estate attorney for sure, this is easy for them and if the solution is determined, won’t cost much on your end relative to the potential tax implications of doing something incorrectly

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What is the benefits of not owning property under your own name? Can the land trust every gain ownership of my property?

Don’t do this, whatsoever. Put in trust and let it pass on death.

What's the benefit of putting a property in trust ?

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