Determining capital gains taxes on property can be especially difficult when the property in question was a gift. In this article we will explain how to determine your gain when you receive a gifted property, and when a 1031 exchange is a good option.
When Your Father Gifts a Property to You
If your father gifts property to you, then you may take a carry-over basis (his basis) in the property received by gift during his lifetime. See IRC Section 1015 (for intervivos gifts made during the grantor's lifetime, Taft v. Bowers, 278 U.S. 470 (1929)) and also IRC Section 1014 (for inheritance for a deceased person).
You may need to find out how low your father’s basis is, because that may be your basis received in the property if it is made during your father's lifetime.
Gain is generally determined by subtracting your basis from the net sale price (amount realized) on the sale.
1031 Like-Kind Exchange
If you want to defer the gain, you may consider doing an IRC Section 1031 like-kind exchange.
In order to qualify for a 1031 exchange, both the property given up (sold) and the new properties received must be held for investment / business or for use in your trade; so you may need to hold the gifted property for one of these qualified purposes for a period of time before exchanging out of it.
- 1031 Hotline: If you have questions about gain with gifted property, feel free to call me at 612-643-1031.
Defer the tax. Maximize your gain.
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