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New Member
posted Jan 17, 2024 12:35:33 PM

What are the tax implication of gifting a real estate property purchased using 1031 exchange?

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3 Replies
Expert Alumni
Jan 17, 2024 1:51:11 PM

Assuming you did a 1031 exchange and then gifted the property in the exchange, you would need to file a 709  gift tax  return for the amount of the property. The first $17,000 is excluded in the return.  Please read this link to find out what the gift tax rate is for the gifted property.

 

 

Level 15
Jan 17, 2024 8:31:53 PM

also, the donee would need to know the amount of depreciation subject to recapture.  if they sell, they will be responsible for paying taxes on the depreciation you have taken on both the old and replacement property. 

Level 15
Jan 19, 2024 7:24:26 AM

What are the tax implication of gifting a real estate property purchased using 1031 exchange?

 

In short, the transferee/donee would take your adjusted basis in the property.

 

The annual gift tax exclusion for 2024 is $18,000 per donee.