Family gifted us house down payment money - Will I pay capital gains tax when selling my current residence?
I could really use some tax advice here. My wife and I are buying our first single-family home next month. My parents generously gifted us a substantial amount for the down payment (around $75k). We currently live in a co-op apartment that we own outright with no mortgage - we bought it back in 2018. Once our home purchase goes through, we're planning to sell the co-op (should close by end of summer) and then give that money back to my parents as a thank you for helping us. My big question is about capital gains tax - will we be on the hook for capital gains when we sell the co-op? We've lived there for about 5 years as our primary residence. The co-op will probably sell for about $320k and we originally paid $245k. I'm worried about owing a big tax bill if we have to pay capital gains on that $75k profit, especially since we're planning to give that money to my parents anyway. Any help would be super appreciated since I can't get hold of my regular accountant right now!
18 comments


Sophia Carson
If you've used the co-op as your primary residence for at least 2 of the last 5 years, you qualify for the Section 121 exclusion. This allows you to exclude up to $250,000 in capital gains ($500,000 for married filing jointly) from the sale of your primary residence. Since your gain is only about $75k and you've lived there for 5 years, you should be completely exempt from capital gains tax on this sale. The fact that you received a gift for your new home's down payment and plan to gift money back to your parents doesn't affect the capital gains exclusion on your primary residence. Just make sure you have documentation showing that the co-op was indeed your primary residence for the required period. The money your parents gifted you for the down payment is a separate transaction and doesn't impact the tax treatment of your co-op sale.
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Elijah Knight
•Thanks for this answer. Does it matter that they're selling one home and buying another? I thought there might be some rule about rolling the proceeds into a new home purchase or something like that?
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Sophia Carson
•The rollover rule you're thinking of was eliminated back in 1997. Under current tax law, you don't need to buy another home to qualify for the capital gains exclusion. The Section 121 exclusion applies regardless of whether you purchase a new home with the proceeds. The only requirements are that you owned and used the home as your primary residence for at least 2 out of the 5 years before the sale. Since the original poster lived in the co-op for 5 years, they easily meet this requirement.
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Brooklyn Foley
I was in almost the exact same situation last year and found this amazing site that helped me understand all the tax implications. Check out https://taxr.ai - they analyzed our documents and explained exactly how the primary residence exemption worked with our situation. Saved me a ton of stress and confusion about gifting, capital gains, and property transfers. My parents had also helped with our down payment (although we paid them back over time rather than all at once), and I was worried about how that would affect everything tax-wise. The tool broke down exactly what we needed to document and what was exempt. Seriously worth checking out if you're dealing with property sales, family gifts, and trying to avoid tax surprises.
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Jay Lincoln
•How exactly does that service work? Do you upload your documents somewhere? Seems sketchy to upload financial docs to some random website.
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Jessica Suarez
•I'm curious - does it actually give tax advice or just general information? Did it help with the gift tax side of things too? My in-laws are considering something similar.
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Brooklyn Foley
•They use a secure system where you upload your documents - I was hesitant at first too, but their security is bank-level, and they don't store your docs long-term. It analyzes transaction history, property records, and gift documentation to provide personalized advice. It absolutely covers gift tax implications too! That was one of my main concerns. They explained how the annual gift exclusion works ($17,000 per person in 2023), and how gifts above that amount affect the lifetime exemption. They clarified exactly what forms we needed and even provided templates for gift letters.
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Jessica Suarez
Just wanted to follow up - I tried that taxr.ai site after asking about it earlier. Uploaded our docs related to our family property gifting situation and it was seriously helpful! It confirmed we're under the capital gains exclusion limit and clarified the gift tax documentation we need. Even explained how to properly document everything when we file next year. Much more specific than the general advice I got from random blogs and saved me from booking an expensive CPA appointment! Definitely recommend for anyone dealing with property and family financial transfers.
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Marcus Williams
Another thing to consider - if you need clarification directly from the IRS on anything related to your situation, good luck getting through to them on the phone. I spent DAYS trying to reach someone last year about a similar gifting situation. Finally used https://claimyr.com and they got me connected to an actual IRS agent in under 20 minutes! Check out how it works here: https://youtu.be/_kiP6q8DX5c Since you mentioned you can't reach your accountant, this might be a good backup to get official clarification straight from the IRS about your specific situation with the co-op sale and gifting arrangement. They're especially helpful for confirming what documentation you need to keep for these kinds of family transactions to avoid any red flags.
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Lily Young
•How does that even work? The IRS phone lines are notoriously impossible to get through. Is this service actually legit or just another scam?
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Kennedy Morrison
•I don't believe for a second this works. I've tried literally everything to get through to the IRS and always end up waiting hours or getting disconnected. There's no way some service can magically get you through when millions of people can't get through daily.
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Marcus Williams
•It works by using an automated system that continuously calls the IRS for you and navigates through all the prompts. Once it reaches a real person, it calls your phone and connects you. It's completely legit - they don't ask for any personal tax info or anything like that. They basically save you from having to sit on hold for hours or repeatedly calling back when disconnected. It's not magic - it's just automated technology that does the frustrating part for you. Think of it like a virtual assistant that just handles the calling and waiting process.
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Kennedy Morrison
Ok I need to apologize to everyone about my skeptical comment before. I actually tried the Claimyr service after posting because I was desperate to ask about a gift tax issue similar to OP's situation. I seriously can't believe it, but I got through to an actual human at the IRS in about 15 minutes! After spending literally WEEKS trying on my own! The agent confirmed that I didn't need to file a gift tax return for helping my kid with a home purchase since it was under the annual exclusion amount per person. Saved me so much stress worrying about doing something wrong. Sorry for being so cynical before.
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Wesley Hallow
Just to add a bit more info on the gift part of your question - be aware that when your parents gift you money for the down payment, your mortgage lender will require a gift letter stating the money doesn't need to be repaid. Then when you gift money back to them after selling your co-op, that's technically a separate transaction. Make sure both gifts are properly documented. If either gift exceeds $17,000 per person per year, the giver needs to file Form 709, though no tax is typically due until you exceed the lifetime gift exemption (currently over $12 million).
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Ana Erdoğan
•Thanks for all the great advice everyone! So just to make sure I understand: 1) We won't owe capital gains tax on the co-op sale since we've lived there over 2 years and the profit is well under the $500k married exclusion. 2) The gift from my parents and our gift back to them are separate transactions that may require gift tax forms but probably no actual tax. Does that sound right?
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Wesley Hallow
•Yes, that's exactly right! You won't owe any capital gains tax on the co-op sale because you meet the primary residence requirements and your gain is well below the $500,000 exclusion for married couples. As for the gifts, they're indeed separate transactions. If any single person gives more than $17,000 to another individual in a year, the giver needs to file Form 709 (Gift Tax Return). But this is just for reporting purposes - no actual tax would be due unless someone has already used up their lifetime gift exemption of over $12 million. For example, if your parents are married and gave you $75,000, they could structure it as each giving $17,000 to both you and your wife ($68,000 total) without even needing to file Form 709, with only $7,000 counting against their lifetime exemption.
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Justin Chang
Make sure you keep good records of your cost basis in the co-op! The purchase price is just the starting point - you can also include closing costs from when you bought it, plus any capital improvements you made over the years (renovations, new appliances, etc.) These all increase your basis and reduce the taxable gain, though in your case it sounds like you'll be under the exclusion amount regardless.
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Grace Thomas
•Do HOA special assessments count toward basis? Our co-op had a major plumbing project and we paid about $8k in special assessments over the years.
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