Hal_Al
Level 15

Get your taxes done using TurboTax

Yes. You simply report the actual sales price (after the $28,000 "discount") on form 8949 and sch D. You are not allowed to show a loss on the sale. 

Since the gift is less than the gift tax rule, you do not need to file a gift tax return. "Gift Tax" is somewhat of a misnomer.  Even though a gift tax return may be required, very few people ever actually pay federal gift tax. So, you could make an even bigger gift of equity to avoid capital gains. But keep in mind that long term capital gains are taxed a lower rate than ordinary income and at 0% for many people.

The purpose of the gift tax return is usually only to document a reduction in the allowable estate tax exemption.

See https://turbotax.intuit.com/tax-tools/tax-tips/Tax-Planning-and-Checklists/The-Gift-Tax-Made-Simple/...

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