Is it a requirement to obtain a licensed appraiser to give an fmv of real estate for gift tax return purposes? Most realtors are more than willing to do an fmv.

[Anonymous]

The real estate gifted is substantially more than the annual exclusion for gifts.

[bobweissman]

When my father died, the estate attorney advised me to have my parents’ home appraised for the step-up in dad’s half of the basis.

I would advise you to do the same. A realtor is almost guaranteed to provide a higher FMV than an appraiser. For gift tax purposes, you’d prefer a lower value.

[Anonymous]

The gift tax return is only a one time thing and quite simple.  That is, no skip persons and, the person who gifted the property has never and in all likelihood will not gift again.  The value of the property is under $500,000.00.  For those reasons we do not mind using a realtor's fmv.  Notwithstanding the value will be inflated.   Again, will the IRS ALLOW a realtor's FMV in lieu of an appraiser's ?  Thanks for your help!

[TaxGuyBill]

I don't know if the IRS will accept your situation at all.  Last year you posted that you were gifting a property BACK to your uncle that he already gifted to you.  That definitely raises a lot of 'red flags' if it is a legitimate gift or not.  

[Anonymous]

they don't have to accept any valuation by anyone pro or not.  they do have auditors that specialize in valuations. 

as to appraiser or realtor, take your pick.  

know that FMV may be meaningless if the property is sold because in many cases original basis is used to determine taxable gain.  

.  

Column D. Donor's Adjusted Basis of Gifts

Show the basis you would use for income

tax purposes if the gift were sold or

exchanged. Generally, this means cost

plus improvements, less applicable

depreciation, amortization, and depletion.

For more information on adjusted

basis, see Pub. 551, Basis of Assets.

[Anonymous]

Thanks. I'm aware of the higher FMV. My question is , is it a requirement to get an appraiser, for gift tax purposes. The money you shell out to an appraiser is offset by the higher FMV from a realtor. This is and will be the only gift in both parties lifetime. Higher fmv is not a concern.

[Anonymous]

Could you explain? The property is not sold and not likely will be in the near future.

[Anonymous]

May not be a big deal to IRS. Both 709's would be filled out correctly. Not that uncommon. Comments?

[Anonymous_]

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@Anonymous wrote:
....s it a requirement to get an appraiser, for gift tax purposes. 

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I will provide a link (below) to the relevant Treasury Regulation concerning the method used to determine the fair market value of property transferred. In particular, read Section 301.6501(c)-1(f)(3) and then you decide.

https://www.law.cornell.edu/cfr/text/26/301.6501(c)-1

[Anonymous]

Thx. May take some time to see how this would apply to my situation.

[Anonymous_]

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@Anonymous wrote:
Thx. May take some time to see how this would apply to my situation.

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In sum, it states that if you do not use an appraiser, you need a very detailed description of the method used to determine the fair market value of the property transferred.