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发帖数: 2890 | 1 我的会计师回国休假去了。想到这里来咨询一下。还是写英文吧。
In Nov 2011, I helped one client bought a town house in California. When I
prepared the contract, that gentleman is the only buyer. The purchase price
is $302K. But actually his girlfriend gave him lots of money for the down
payment. Around closing time, she said she wants to put her name on the
title also. Since that was a short sale purchase, I can't add her name on
title at closing. Otherwise, whole process have to re-run. Since they live
and use the house together, there is not too much argument, right? But the
lady still feel she doesn't have any ownership of the house although she
contributed so much cash, right? I contacted a paralegal service about how
to add her name on it. They said there are two ways to do it:
1. Give 50% ownership to that lady as gift so they no need pay anything to
change the title. The problem is: Will there be a gift tax for this ($151K)
? Do they have to file a gift tax form to the IRS? Or how IRS will know
adding her name on it? County won't send the Grand Deed to IRS, right?
2. Sell 50% ownership per original purchase price $151K to her (but no
actual payment) to avoid gift tax problem. But they at least have to pay
county and city transfer tax for $664.40. No need real estate agent and
escrow involved, no need to pay commission or escrow fee for that. But does
gentleman have to pay income tax or capital gain for this $151K? No gain,
right? Again, how IRS know that?
From tax point of view, which option is better?
Thanks! |
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