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Chloe Martin

What's the best way to transfer home ownership to a sibling without tax consequences?

My brother owns a house free and clear that our father currently lives in. It was originally our grandparents' place. Since I'm going to be handling a major renovation project for our dad (complete gut job, new kitchen, bathrooms, the works), my brother is thinking about transferring the property to me. I'm trying to figure out if there's a way to do this without getting hit with a bunch of taxes or transfer fees. Are there any major issues we should know about before doing this? The family has always viewed this as our dad's home even though it's technically in my brother's name. Eventually when dad passes away, we'll probably sell it and split the money between all the siblings. My brother has always said he doesn't even count this house as part of his assets.

This is actually a common situation in families. There are several ways to transfer ownership, each with different tax implications. The cleanest approach would be for your brother to gift the house to you. In 2025, the annual gift tax exclusion is $19,000 per recipient, but your brother can use part of his lifetime gift and estate tax exemption (currently around $13 million) to cover any value above that without paying gift tax now. He would need to file a gift tax return (Form 709), but wouldn't necessarily owe any taxes if he hasn't used up his lifetime exemption. Another option is to sell the house for a nominal amount, but this could potentially create more tax issues than a straight gift. The IRS might view the difference between fair market value and the sale price as a gift anyway. Be aware that when you eventually sell the property, you'll inherit your brother's tax basis (what he originally paid plus improvements), which might result in significant capital gains taxes later.

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Thanks for the thorough explanation. I'm a bit confused about the tax basis part. So if my brother bought the house for $150k years ago, and we eventually sell it for $350k after our dad passes, we'd owe capital gains on the $200k difference? Even if he gifts it to me now?

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Yes, that's correct. When property is gifted, you take on the original owner's tax basis (called a "carryover basis"). So if your brother bought it for $150K and you later sell for $350K, there would be capital gains tax on the $200K difference. If you inherited the property after your brother passed away instead of receiving it as a gift, you'd get what's called a "stepped-up basis" to the fair market value at the time of death. This often results in much lower capital gains taxes, which is why some families choose to keep property in one person's name until death.

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I was in almost this exact situation with my mom's house and my sister! I was so confused about all the tax implications and legal issues. I tried researching online but got totally overwhelmed with conflicting advice. I finally found this AI tax assistant at https://taxr.ai that analyzed our situation and explained all our options clearly. It showed me the exact forms we'd need to file, the potential tax impact now vs. later, and even helped us understand the property tax reassessment risks in our state. The best part was it let me upload the property deed and my mom's trust documents and actually explained what all the legal jargon meant in plain English. Saved me hundreds compared to what a lawyer wanted to charge for a consultation!

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Did it actually give you personalized advice? I'm suspicious of these AI tools because they seem to just spit out generic information you could find anywhere. How specific was it to your situation?

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I'm also curious - did it handle the specific situation with your mom still living in the house? That's the part I'm struggling with in my family's situation. I've heard there can be Medicaid lookback period issues if the parent might need long-term care eventually.

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It actually did give personalized advice based on the documents I uploaded and questions I asked. It pointed out specific clauses in our deed that would affect the transfer and explained what they meant for our situation, not just generic info. Regarding the parent still living in the house situation, that's exactly what it helped us with! It explained that even though we were transferring ownership, we needed to document that our mom retained "life estate" rights to protect her living situation. It also warned us about the Medicaid 5-year lookback period and suggested alternatives if long-term care might be needed.

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Just wanted to update after trying that taxr.ai site. I was really skeptical at first, but it was actually super helpful for our family's situation with my mom's house. I uploaded our property documents and explained our situation (transferring house between siblings while mom continues living there). It immediately flagged that in our state, transferring property can trigger reassessment for property taxes, which would have increased our annual tax bill by thousands! Showed us a specific exemption form for parent-child transfers we could use instead. The part about Medicaid planning was especially helpful. My mom's only 68 but has some health issues, and I had no idea about the 5-year lookback period. Saved us from potentially making a huge mistake! Definitely worth checking out if you're dealing with family property transfers.

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When my dad tried transferring his house to me while he continued living there, we ran into endless IRS hold-ups and couldn't get anyone on the phone to explain what was happening. After waiting on hold for 3+ hours multiple times, I was ready to give up. A friend suggested trying https://claimyr.com to get through to an actual IRS human. I was super skeptical but checked out their demo video (https://youtu.be/_kiP6q8DX5c) and figured it was worth a shot. They actually called the IRS, waited on hold FOR ME, and then called me when they had an agent on the line! The IRS agent explained exactly which forms we needed to file for our situation and why our previous attempt had been flagged. Literally saved us months of back-and-forth and potential penalties.

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Wait, so they just wait on hold for you? How does that even work? I've been trying to get through to the IRS about a gift tax question for weeks...

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Sounds like a scam to me. Why would anyone pay for something you can do yourself for free? Just put your phone on speaker and wait while doing something else. These services prey on people's impatience.

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They use some kind of system that waits on hold so you don't have to. When they get an IRS agent, they call you and connect you directly to that agent. It's not just waiting on hold - they navigate all the IRS phone tree options for you too. It's definitely not a scam. I was skeptical too but it literally saved me from taking another day off work just to sit on hold. When you've called multiple times and waited 3+ hours each time without getting through, the value becomes pretty obvious. The IRS agent I finally spoke with solved my issue in 15 minutes after I'd been struggling for weeks.

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I have to admit I was completely wrong about Claimyr. After my snarky comment, I was so frustrated with not getting answers about my gift tax question that I actually tried it last week. Got connected to an IRS agent in about 45 minutes (after I'd previously spent 4+ hours on hold myself over multiple days). The agent explained that I was using the wrong form entirely for my parent's property transfer and directed me to the correct sections of Form 709. The irony is that by "wasting money" on this service, I ended up saving about $2,300 in unnecessary gift taxes I was about to pay. Sometimes you have to admit when you're wrong, and I was definitely wrong about this one.

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Has anyone explored creating a trust for the property instead of transferring ownership directly? My family did this with my grandmother's house and it worked really well. The house was put into a revocable living trust, and we were named as co-trustees along with our mom. This avoided any immediate tax issues, gave us legal authority to manage the property/renovations, and simplified things when she eventually passed. It also protected the house if any of us got divorced or had financial problems.

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That's an interesting approach I hadn't considered. Would setting up a trust be expensive? And would it still allow my dad to live there without complications?

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Setting up a basic family trust isn't nearly as expensive as most people think. We paid about $1,500 for an estate attorney to set everything up properly, but that investment saved us easily 10x that amount in the long run. And yes, your dad could absolutely continue living there - that's actually one of the main benefits. The trust document would specify his right to live there for his lifetime (called a life estate). It also makes it super clear who has authority to make decisions about renovations, which prevents family disagreements later.

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Just a heads up - don't forget about homeowner's insurance when you transfer ownership! We did a similar transfer between siblings and didn't update the insurance policy immediately. Had a pipe burst two months later and found out the hard way that the policy was invalid because the ownership had changed. Cost us thousands out of pocket.

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This is such a good point that people overlook. Same goes for warranties on appliances, service contracts, utilities, etc. We had to reapply for everything when we transferred our mom's house.

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Thanks for backing me up on this. Also forgot to mention - property tax notifications will start going to the new owner's address by default unless you specifically set up a different mailing address. My brother nearly missed a payment deadline because of this!

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This is a great discussion with lots of helpful insights! I'm dealing with a similar situation where my elderly parents want to transfer their house to me while they continue living there. One thing I'd add is to make sure you check your state's specific laws about property transfers. Some states have additional exemptions or requirements that can significantly impact the tax consequences. For example, in California there's Proposition 13 protection for certain family transfers, but other states might have different rules. Also, if you're planning a major renovation like you mentioned, consider whether it makes sense to do the transfer before or after the work is complete. The timing could affect the property's assessed value for tax purposes. You might want to consult with both a tax professional and an estate planning attorney to make sure you're covering all the bases - the upfront cost could save you thousands in the long run. Good luck with the renovation project! It sounds like a wonderful thing you're doing for your family.

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That's really helpful advice about checking state-specific laws! I'm new to all this property transfer stuff and honestly feeling a bit overwhelmed by all the different considerations everyone has mentioned. The timing question about doing the transfer before or after renovations is something I hadn't even thought about. If we do the major gut renovation first while the property is still in my brother's name, would that potentially increase the tax basis for when I eventually sell it? Or would the renovation costs get "lost" in the transfer? Also, I'm curious about what you mean by Proposition 13 protection in California - are there similar protections in other states that families should know about? It seems like every state has its own quirks when it comes to property transfers. Thanks for the encouragement about the renovation project! It definitely feels like the right thing to do for dad, but I want to make sure we handle all the legal and tax stuff properly so there aren't any surprises down the road.

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Great questions! Regarding renovation timing and tax basis - if your brother does the renovations while he still owns the property, those improvement costs would typically be added to his tax basis. When he gifts the property to you, you'd inherit that increased basis (original purchase price plus improvements), which could reduce your capital gains tax later when you sell. However, there's a catch - you'd need good documentation of all renovation expenses to prove the increased basis to the IRS. Keep every receipt, contract, and permit! As for state-specific protections like California's Prop 13, many states do have similar programs. For example, Florida has the "Save Our Homes" cap, Texas has various homestead exemptions, and several states offer senior citizen property tax deferrals or freezes. The key is that these protections often only apply to transfers between certain family members (usually parents to children) and may have specific requirements about continued occupancy. I'd definitely recommend getting a consultation with a local estate planning attorney who knows your state's specific rules. Many offer initial consultations for a reasonable fee, and like others have mentioned, it could save you thousands in the long run. The peace of mind alone is worth it when you're dealing with family property and major renovations!

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This thread has been incredibly helpful! I'm actually an IRS employee (though I have to add the usual disclaimer that this isn't official tax advice), and I want to commend everyone for raising such important considerations. A few additional points that might be helpful: **Documentation is absolutely critical** - whatever route you choose, keep meticulous records. For gifts, you'll need Form 709 filed by April 15th of the year following the gift. For renovations, as others mentioned, keep every single receipt and get proper permits. **Consider the "related party" rules** - since you're siblings, certain transactions might get extra IRS scrutiny. A legitimate gift is fine, but if you try to structure this as a sale for less than fair market value, it could be treated as a partial gift anyway. **Don't forget about state gift taxes** - while most states don't have them, a few do (Connecticut, Minnesota, etc.). Make sure you're not caught off guard if you're in one of those states. **Medicaid planning note** - several people mentioned this, and it's crucial. If your father might need long-term care within 5 years, any property transfers could affect his eligibility. The "life estate" approach mentioned earlier can help with this. The trust option someone suggested is often overlooked but can be really smart for situations like this. It gives you management control while protecting everyone's interests. Best of luck with your decision - it sounds like you're asking all the right questions!

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Thank you so much for chiming in with the official perspective! It's really reassuring to hear from someone who works at the IRS directly. The point about related party rules is something I definitely hadn't considered - that's exactly the kind of thing that could trip us up if we're not careful. And you're absolutely right about the documentation. I'm already starting to feel overwhelmed thinking about keeping track of every receipt for what's going to be a massive renovation project, but I can see how crucial that will be. The state gift tax issue is another great catch. We're in Texas so I think we should be okay there, but I'll definitely double-check that assumption. One follow-up question if you don't mind - when you mention getting "extra IRS scrutiny" for related party transactions, what does that typically look like in practice? Are we talking about a higher chance of audit, or just more detailed documentation requirements upfront? I want to make sure we're prepared for whatever level of scrutiny might come our way. Thanks again for taking the time to share your insights. It really helps to know we're thinking about this the right way!

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Great question! By "extra scrutiny," I mean the IRS has automated systems that flag certain types of related party transactions for review. This doesn't necessarily mean an audit, but it could mean: - Your return gets selected for document matching (they'll verify the gift amount matches between the giver's Form 709 and any other reported values) - Questions about fair market value if the transaction seems underpriced - Requests for additional documentation to support the transaction The good news is that if you're doing a legitimate gift with proper documentation, this scrutiny usually results in no issues. The problems arise when people try to disguise gifts as sales or don't properly report the transaction. For your situation, I'd recommend getting a professional appraisal of the property before the transfer, even for a gift. It establishes fair market value and shows you're being transparent about the transaction value. This is especially important given the upcoming renovations - you want a clear baseline value established. Also, since you mentioned Texas - you're correct that there's no state gift tax there, which simplifies things considerably! Just make sure to coordinate the timing with your renovation plans, as others have mentioned.

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Wow, this has been such an educational thread! As someone completely new to property transfers and tax implications, I'm grateful for all the detailed advice everyone has shared. I'm actually in a somewhat similar situation with my grandmother's house that my uncle currently owns but my family has been maintaining. Reading through all these responses has made me realize there are so many factors I hadn't even considered - from state-specific laws to insurance updates to Medicaid planning. The point about getting a professional appraisal before any transfer really resonates with me. It seems like that baseline documentation could prevent a lot of headaches down the road, especially with the IRS scrutiny that was mentioned for related party transactions. I'm curious though - for those of you who have been through this process, how did you find the right professionals to help? It sounds like we need both tax expertise and estate planning knowledge, but I'm not sure if that means hiring multiple people or finding someone who handles both areas. Also, did anyone run into unexpected costs during the process that caught you off guard? Thanks to everyone for sharing their experiences - this is exactly the kind of real-world insight you can't get from just reading IRS publications!

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Great question about finding the right professionals! I went through this process with my family's property last year and learned a few things about getting the right help. For the professional team, I found that a good estate planning attorney who also understands tax implications was worth their weight in gold. They can handle both the legal structure (trusts, deeds, etc.) and coordinate with a CPA for the tax filing requirements. I initially tried to save money by piecing together different professionals, but it actually cost more in the long run due to miscommunication between them. As for unexpected costs that caught me off guard: - Title insurance when transferring (even between family members) - Recording fees at the county level (varies widely by location) - Property appraisal costs (but as others mentioned, this is crucial documentation) - Potential property tax reassessment in some states One tip: ask potential attorneys upfront if they handle both estate planning AND have experience with gift tax returns. Some estate attorneys punt the tax work to CPAs, which isn't necessarily bad, but you want someone who understands how the legal structure impacts the tax consequences. The investment in good professional help really pays off - especially when you're dealing with property that will eventually be sold and you want to minimize capital gains issues down the road.

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This thread has been incredibly informative! I'm dealing with a similar family property situation and had no idea there were so many layers to consider. One thing I haven't seen mentioned yet is the impact on homestead exemptions. In many states, if your father has been claiming a homestead exemption on the property (which reduces property taxes), transferring ownership could affect his ability to maintain that exemption. Some states allow it to continue if he retains life estate rights, but others don't. Also, regarding the renovation timing question that came up earlier - there's another angle to consider. If you do major improvements while your brother still owns the property, those improvements might trigger a property tax reassessment even before any ownership transfer happens. In some areas, pulling permits for major renovations automatically flags the property for reassessment. I'd suggest checking with your county assessor's office about their specific policies on both ownership transfers and improvement-triggered reassessments. Every county seems to handle these differently, and it could significantly impact your decision on timing. The documentation advice everyone's giving is spot-on though. I learned that lesson the hard way with a previous property transaction where we didn't keep proper records of improvements. The IRS basically treated our improvement costs as zero because we couldn't prove them adequately. Thanks for starting this discussion - it's given me a much better roadmap for handling our own family situation!

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This is such a valuable addition to the discussion! The homestead exemption point is something I completely overlooked, and it could make a huge financial difference for families in this situation. Your point about renovation-triggered reassessments is also really important. It sounds like there's potentially a narrow window where you'd want to do the ownership transfer after any major permits are pulled but before the improvements are completed - assuming that's even possible with the timing of everything. I'm curious about your experience with the IRS not accepting improvement costs due to poor documentation. Was this during an audit, or did it come up when you were calculating capital gains on a sale? I'm trying to understand at what point they typically scrutinize those records and what level of documentation they expect. Also, do you know if digital receipts and photos of work in progress would be sufficient documentation, or do they prefer paper trails? With a major gut renovation like the original poster is planning, there are going to be a LOT of receipts to manage! Thanks for sharing that hard-learned lesson about record keeping - it's exactly the kind of real-world insight that could save others from making the same costly mistake.

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This has been an incredibly comprehensive discussion! As someone who's been lurking on this community for a while but never posted, I finally feel compelled to jump in because I just went through almost this exact situation with my family. We transferred my grandmother's house from my aunt to me last year while grandma continued living there, and I wish I'd had access to all this advice beforehand! A few additional considerations that might help: **Timing with contractors:** If you're planning a major renovation, consider coordinating the ownership transfer with your contractor timeline. We made the mistake of transferring ownership right in the middle of getting permits and bids, which created confusion about who had authority to sign contracts and make decisions. Some contractors were hesitant to work with me until we clarified the ownership situation. **Utility transfers:** Beyond just updating insurance as someone mentioned, don't forget about utility accounts, especially if your dad has any senior discounts or budget billing arrangements. We almost lost my grandmother's longstanding senior citizen discount on her electric bill during the transfer process. **Consider a "dry run" with smaller decisions first:** Before diving into a major gut renovation, maybe test out the family dynamics around property decisions with something smaller. We discovered that even though everyone agreed on the transfer in principle, there were different opinions about renovation choices that created tension later. The trust option that was mentioned really does seem like it might be worth exploring for your situation. It would give you clear authority for the renovation decisions while protecting everyone's interests. Thanks for starting this thread - it's been educational for everyone involved!

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