Posted on: 31st Dec, 2009 09:43 am
i have taken over some property, that i previously owned ... my daugher and son-in-law mortgaged it, then moved. to keep from losing it, i took over the payments and put a renter in the property. i need to refinance it, the rate is horrible. but the current mortgagor will not budge. i have thought about quit claiming it ... getting it in my name or that of an llc, and then proceeding ... but if no value is assigned, what about capital gains, and where do i go with monies invested when it was vacant, and monies for repair? any help?
Hi dougdoulos,
Capital gains taxes will come into the picture when you are the owner of the property and you are selling it off. The capital gains taxes would depend upon the amount of profit you incur by selling the property. You have mentioned that you've taken over the payments from your daughter but are you the owner of the property as well?
Thanks
Capital gains taxes will come into the picture when you are the owner of the property and you are selling it off. The capital gains taxes would depend upon the amount of profit you incur by selling the property. You have mentioned that you've taken over the payments from your daughter but are you the owner of the property as well?
Thanks
No, that is part of the refinance problem. the property is still in the name of my daughter and son-in-law.
Hi Guest!
Welcome to forums!
If you are not listed in the property as a co-owner of the property, then you won't have to worry about the capital gains taxes. As your daughter and son-in-law are the owners of the property, they would be responsible for the taxes. However, you won't be able to sell off the property without their signatures.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If you are not listed in the property as a co-owner of the property, then you won't have to worry about the capital gains taxes. As your daughter and son-in-law are the owners of the property, they would be responsible for the taxes. However, you won't be able to sell off the property without their signatures.
Feel free to ask if you've further queries.
Sussane
Assume you obtain a reverse mortgage on a home with a basis of $500K and you keep that reverse mortgage until you die. At the time of your death the reverse mortgage balance is 1 million dollars, the house is worth $750K and your heirs just let the FHA or lender take the house. Does your estate have to pay a capital gains tax on the $250,000 of appreciation? Will the IRS consider the shortfall from $750K to the loan balance of 1 million dollars debt foregiven and will it be income to your estate?
That was quick. My daughter and son in law would not be involved because as the mortgagor in a reverse mortgage you can just give the house that is under water to the FHA or the lender without the heirs taking title. My concern is how the FHA will treat the deficiency and will the forgiven bebt be income to the estate of the orginal borrower?
Hi Don Cummings!
Welcome to the forums!
As far as I know, the estate won't have to pay any capital gains taxes for the appreciated value. The IRS, also, won't come after anyone for taxes.
Feel free to ask if you've further queries.
Sussane
Welcome to the forums!
As far as I know, the estate won't have to pay any capital gains taxes for the appreciated value. The IRS, also, won't come after anyone for taxes.
Feel free to ask if you've further queries.
Sussane