Gifted non-rental property in another state
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Level 2

Gifted non-rental property in another state

In 2019 my father transferred the deed of his home and two undeveloped properties to me. My father still lives in the home but I do not charge or receive any rental income from the home nor the two empty lots.  There is no mortgage balance on any of the 3 properties but I do pay the state property taxes on each. The home and lots are located in a different state than the one I reside. Even though I am not charging or receiving any rental income on the home (and of course empty lots) do they need to be classified as "income" property? Do I need and should I file a state tax return for the property taxes paid in that separate state?

4 Replies
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Level 15

Gifted non-rental property in another state

Couple of things you need to be aware of here, in case you aren't already.

You won't report the acquisition of "ANY" property on your tax return what-so-ever. But you will report/claim the property taxes you pay on the house your dad lives in, in the same exact place where you claim the property taxes you pay on the house you physically live in (assuming you own your primary residence.)  I would fully expect all property tax bills to have you named as the owner of the property, which makes you legally liable and obligated to pay it.

For the raw land, what are you plans for it? This determines if you will treat it as investment property, or personal property for tax reporting purposes.

Next, since you were gifted the land and did not inherit it, that means you were also gifted the cost basis of the person who gifted it to you. For example, if your dad paid $10,000 for his house back in 1970 and it's fair market value when he gifted it to you was $300,000, your cost basis is $10,000. That means if you sell it for $300,000 you will pay taxes on the $290,000 gain.

Whereas if your dad left it to you in his last will and testament, then "your" cost basis upon inheriting the property after has passing would be the fair market value on the date of his passing. So if that was the case and the property was worth $300,000 when he passed and you sold it for $300,000, then you would not pay taxes on one single penny.

So you need to be aware of what your cost basis is so you will know what the tax implications will be for you, when/if you sell it in the future.

Do not confuse the above with UGMA or UGST as that is not considered a "gift" and the FMV is figured differently on a totally different set of criteria for each.

 

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Level 15

Gifted non-rental property in another state

The property does not have to be classified as "income property" (it would be property held for investment at best) and you would not have to file income tax returns strictly as a result of holding real property in another state. 

 

Regardless, you should be aware of the SALT limitation.

 

See https://turbotax.intuit.com/tax-tips/home-ownership/claiming-property-taxes-on-your-tax-return/L6cSL...

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Level 2

Gifted non-rental property in another state

Thanks Carl for your detailed answers!

It is clear to me now where/how I take into account in TT the property taxes I paid for the deeded properties from my father. 

Would I need to also file a State Tax return for these out of state properties (NV) even though they are not rental/income properties?

 

 

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Level 2

Gifted non-rental property in another state

Thx Tagteam - Looks like I should have read your reply before posting my second question to Carl.

So it sounds like I do not need to file a NV state tax return on top of my IN (primary residence) return. I just need to account for the NV property tax I paid in 2019 in TT together with my IN property tax.

I think at this point I would consider the out of state house as my 2nd residence, and the two empty lots as "held for investment" at this time. I might decide later to sell the one home and build a home on the two lots.

 

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