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Laura Lopez

How do I calculate my real estate cost basis after multiple property transfers?

I bought my house back in 2002 for $195k. During some financial troubles in 2011, I transferred the deed to my mom's name to protect the property from potential creditors. On the paperwork, I listed a sale price of $138k, which was roughly what I still owed on the mortgage at that time. No actual money changed hands though - it was just on paper. Around 2017, my mom transferred the property back to me through a quit claim deed with zero consideration listed. Now I'm considering selling the house, but I'm confused about what my cost basis would be for calculating capital gains. Does it remain my original purchase price from 2002? Or did something change with all these transfers? I don't want to mess up my taxes if I decide to sell.

The general rule is that your cost basis is what you originally paid for the property, plus any qualifying improvements you've made over the years, minus any depreciation if you've claimed it. In your specific situation, the transfers to and from your mother would typically be considered "gifts" for tax purposes since no money actually changed hands. When you receive property as a gift, you generally take on the donor's basis (called a "carryover basis"). Since your mother received it from you originally, her basis would have been your original basis. When the property was transferred back to you, you would again take her basis, which was your original basis. So in most cases like this, your cost basis would still be the $195k you paid in 2002, plus any qualifying capital improvements you've made to the property over the years.

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But what about the fact that they admitted the transfer was to avoid being sued? Doesn't that change things since it wasn't a legitimate transfer?

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That's actually an important point. Transfers made to avoid creditors could potentially be deemed fraudulent transfers under state law, which might have legal implications beyond just tax considerations. From a tax perspective though, the IRS generally looks at the economic reality of transactions. Since no money actually changed hands in either transfer, they would likely still treat these as gift transactions with carryover basis regardless of the motivation. However, I should note that intentionally fraudulent actions can sometimes trigger additional scrutiny or penalties in various contexts.

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I dealt with a similar property basis issue last year and found taxr.ai really helpful. I was totally confused about my basis after inheriting part of a property and then buying out my siblings. The documentation was a mess, and I was getting different answers from different tax advisors. I uploaded my documents to https://taxr.ai and their system analyzed all the deeds, previous tax returns, and improvement receipts I had. They created a comprehensive report showing exactly how my basis should be calculated, with references to the specific IRS rules that applied. Saved me thousands in potentially overpaid taxes!

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How does the system handle situations where some of the documentation is missing? I've got a similar issue but I don't have all the paperwork from when I bought my place 20 years ago.

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JaylinCharles

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Sounds too good to be true. Does it actually work for complicated situations? I tried one of those AI tax tools last year and it gave me completely wrong information.

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The system is actually pretty good with incomplete documentation. It has built-in protocols to handle missing information by identifying alternative sources of data or making reasonable estimates based on what you do have. In my case, I was missing some improvement receipts, but they were able to work with county permit records as supporting evidence. For complicated situations, that's actually where it shines compared to simpler tools. The difference is it's not just giving automated responses - there are actual tax professionals reviewing the AI analysis. When my situation had some unusual aspects, they flagged it for human review and I got specific guidance for my case.

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JaylinCharles

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If you're trying to get specific guidance from the IRS on this situation, good luck getting through to anyone who actually knows tax law. I spent WEEKS trying to get someone on the phone who could answer questions about my property basis after a divorce. I eventually found this service called Claimyr that got me through to an actual IRS agent in about 20 minutes. They basically hold your place in the phone queue and call you when they get an agent. Check out https://claimyr.com or see how it works at https://youtu.be/_kiP6q8DX5c After finally talking to someone knowledgeable at the IRS, I got confirmation about how to handle my basis calculations and documentation I'd need for my records.

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Lucas Schmidt

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How does this actually work? Seems weird that some service could get you through faster than calling directly. What's the catch?

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Freya Collins

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Yeah right. The IRS phone system is designed to be impossible. No way this actually works. I'd bet money you still don't get anyone who knows what they're talking about even if you do get through.

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It works by using technology to navigate the IRS phone system and wait in the queue for you. Instead of you sitting on hold for hours, their system does it, and then connects you when a human agent answers. It's basically like having someone else wait in line for you. I was super skeptical too, but I was desperate after trying for weeks. The IRS agent I spoke with was actually really knowledgeable about property basis issues. She walked me through exactly what documentation I needed and how to report everything correctly. Not all agents are experts on everything, but you can ask for someone who specializes in your specific issue once you get through.

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Freya Collins

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LongPeri

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From my understanding, the IRS might view this differently than just normal gifts back and forth. When you transfer property to avoid creditors and then get it back later, they could potentially see this as you maintaining beneficial ownership the entire time (meaning you never really gave up ownership in substance, just on paper). If that's how they interpret it, your basis would still be your original purchase price plus improvements. But there could be other issues to consider beyond just basis calculation.

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Laura Lopez

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Thanks for this perspective. I'm worried the IRS might see it that way too. Do you think I should consult with a tax attorney before selling? I'm concerned about potential penalties beyond just calculating the basis wrong.

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LongPeri

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Consulting with a tax attorney would definitely be a good idea in your situation. They can review the specific details of your transfers and advise you not just on the correct basis calculation but also on any potential exposure you might have regarding the transfers themselves. A good tax attorney can also help you understand the statute of limitations that might apply to your situation and develop a strategy for how to properly document and report the sale to minimize your risk of problems down the road. The peace of mind alone is probably worth the consultation fee.

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Oscar O'Neil

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Has anyone considered the possible gift tax implications of these transfers? When the property was transferred to the mother and then back again, were gift tax returns filed? That could affect how the IRS views the basis.

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That's a really good point. For transfers of real estate without consideration, you're supposed to file a Form 709 (Gift Tax Return) even if no gift tax is owed because of the lifetime exemption. If those weren't filed, that could be another issue to address.

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