My parents sold me their house for 450K with a gift of equity if $150K. So my loan was for $300K. If I decide to sell, what is my basis on the house when I want to calculate gain on sale?

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If the purchase price was $450k then that’s your starting basis. Whether the down payment was a gift or not is irrelevant, and whether you have a mortgage or not is irrelevant. (Your parents would have owed gift tax on that size gift though unless they did the paperwork to use part of their lifetime gift exemption).

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Basis is going to be the amount paid (including mortgage) regardless of FMV at the time of purchase. So seems like that’s 450.

FMV of house at time of transfer is my guess. Sounds like that was 450k so I'd say that's your basis.


I got an A- in tax law like 6 years ago so take this was a grain of salt.

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What was the official sale recorded as?

Basis would probably be what the sale was recorded at the county office.

But I'm not a RE lawyer.

You don’t get a step up in basis when there is a transfer as a gift.

What did the purchase price say on the contract? What purchase price did you send to the title company and governmental recording office?

450K

You can’t claim a basis of $550 if your parent claim they sold the house for $450. You might have been better off if you bought the house for $550 and took a gift equity of $250. However the records are all set now. The title company recorded the sales price which is your basis.

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