topic I recently signed a quit claim deed for a property that I co-owned. What is my tax portion related to gift tax? Is it fair market value minus mortgage? in Deductions & credits

I recently signed a quit claim deed for a property that I co-owned. What is my tax portion related to gift tax? Is it fair market value minus mortgage?

dew1270 — Sat, 12 Dec 2020 15:59:03 GMT

Re: I recently signed a quit claim deed for a property that I co-owned. What is my tax portion related to gift tax? Is it fair market value minus mortgage?

Anonymous_ — Sat, 12 Dec 2020 17:05:32 GMT

"Is it fair market value minus mortgage?"

Yes, for federal gift tax purposes (i.e., filing of a Form 709 by the donor) it is the fair market value on the date of the gift less any encumbrances that reduce that value (such as the balance on the mortgage).

[EDIT: Obviously, you can only gift your share of the property (less your share of the related mortgage) since you are a co-owner]

Re: I recently signed a quit claim deed for a property that I co-owned. What is my tax portion related to gift tax? Is it fair market value minus mortgage?

Critter-3 — Sat, 12 Dec 2020 16:05:48 GMT

The mortgage has nothing to do with it at all. Generally, property received as a gift are calculated with respect to the original owner's cost basis in the property. In other words, when property is given, the recipient receives both the property and the property's cost basis.

Re: I recently signed a quit claim deed for a property that I co-owned. What is my tax portion related to gift tax? Is it fair market value minus mortgage?

Anonymous — Sat, 12 Dec 2020 17:51:14 GMT

were you a co-signor on the mortgage? if so, since we don't give legal advice see a lawyer to find out if you are still liable on the mortgage

Re: I recently signed a quit claim deed for a property that I co-owned. What is my tax portion related to gift tax? Is it fair market value minus mortgage?

Anonymous_ — Sat, 12 Dec 2020 18:08:35 GMT

@Anonymous wrote:

were you a co-signor on the mortgage? if so, since we don't give legal advice see a lawyer to find out if you are still liable on the mortgage

That is good advice, in general, but for the purposes of calculating the value of the gift, it is irrelevant whether or not the donor is a co-signer on the mortgage (or otherwise personally liable for repayment); the value of the gift is reduced by the amount of the co-owner's share of the encumbrance, regardless.

EX: A and B are co-owners of a house with a FMV of $100,000. There amount of the mortgage is $80,000, but only A signed the mortgage (i.e., is personally liable for repaying the mortgage balance). B quitclaims her share of the property to C as a gift. The value of the gift from B to C is $10,000 (one-half of the equity in the property).