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QuitClaim vs Capital Gains, FL

Posted on: 11th Dec, 2012 10:25 am
My boyfriends sister is the legal owner of the house we live in. We are putting the house up for sale in 3/2013. Would it be better that she does a QuitClaim to him or pay the capital gains tax. He will be using the money from the sale for another house in New Mexico... which will be our primary residence. Thank you.
Hi ksloan,

Your boyfriend's sister wants to transfer the property to him, then she can file a quitclaim deed for the same. After your boyfriend becomes the owner of the property and sells it off, he will be liable for paying the capital gains taxes.
Posted on: 11th Dec, 2012 07:06 pm
Will she be liable for any gift tax? If so, is it higher than what the capital gains tax would be? Thanks!
Posted on: 12th Dec, 2012 11:04 am
Hi ksloan!

Welcome to forums!

If she transfers the property as a gift, then she will be liable for a gift tax. Currently the IRS offers taxpayers an opportunity to give substantial and meaningful gifts up to $13,000 annually (or $26,000 if you give jointly with your spouse).

Feel free to ask if you've further queries.

Sussane
Posted on: 12th Dec, 2012 07:21 pm
It would be easier to have her sell the property and pay the related taxes. Then take out a loan from her to pay for the new house. She could also gift you each year and that money could be used to pay down this loan.
Posted on: 04th Jan, 2013 10:13 pm
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