Posted by Mary in CA on May 03, 2005 at 12:57:35:
Get good CPA and tax lawyer to review situation.
Normally can’t 1031 on personal residence - but as a business? Depends on what you’ve done all the past years.
Gift of 1/2 house to son doesn’t solve problems. Son would take mother’s basis (1/2 of $60k???) - First a gift over $11k (if that’s current limit) = gift tax return, then you still haven’t solved the capital gains problem.
Borrowing is not a taxable event and if you borrow on suitable loan, loan might be assumable by buyer upon sale. Borrow against property, buy new investment property and keep old one too?
If you can turn property into rental (for how long? I’ve heard 6 months to 1 year) then you could 1031 into something else. Problem is you transfer the same basis, and as long as you’re willing to keep doing that you can defer taxes, but it also might mess up deductions on the new property.
Installment sale would allow less of a tax hit all at once . . .
Something to remember, son will inherit property at FMV but gets gift at cost basis. Better to inherit than receive by gift in that situation. If son inherits $2M building and sells for $2M - no tax due. If son receives $30k gift then sells for $2M then ($1M-30k = $970,000 taxable gain(1/2)).
Anyway, situation is complicated by running business out of home - good CPA would be invaluable.
Mary