Question - Cash Out Refinance & Multiple Owners - Taxable Income?

Question - Cash Out Refinance & Multiple Owners - Taxable Income?

Selma, CA · Member since 2017 · 26 posts · 2 votes

Hello,

My wife and I Co-own a house with my brother and his wife. This house was deeded to us by my grandmother. My brother and his wife currently live in the house. The house is fully paid off.

We’ve been discussing ways to “divide the inheritance” so to speak.

We’ve learned that we can take money out via cash out refinance so my brother and his wife can essentially “buy us out”. We figure we could get a loan for half the value of the house (say about $185,000). My wife and I would then use that money toward buying a house of our own.

My question is this. I understand that this refi cash is normally not taxable income because it’s a loan.

However, if ONLY my brother and his wife apply for the refinance of $185,000 and then ONLY my wife and I take this money for buying our own house, does that mean the money has technically changed hands, and would it now be taxable?

Or, what if we all 4 applied for the refinance (since we all own the house) but only my wife and I are listed as buyers of the new house? Would this variation incur tax liability?

Or... what if we all 4 refinance and we all 4 are buyer on the new house. Do we avoid taxation?

Just trying to understand since I’m worried a lender will not bother to explain this to us and just let it be our problem to discover later on.

Thanks!

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  • Chris MasonPro Member
    Moderator
    Lender · CA · Member since 2015 · 9k+ posts · 10k+ votes
    7y

    I'm 99% sure this isn't a taxable event when it comes to income taxes (only a tax professional could ever be 100%).

    Before: $185k in real estate equity.

    After: $185k in your checking account.

    Net worth difference: $0.

    What would they be taxing? You moved money from your left pocket to your right pocket...

    So far (knock on wood) I've never had a past client call me with "you said this wouldn't be taxed as income, you a-hole!"

    If this is in California, the folks refinancing may encounter a county transfer tax, $1.10 per $1000 in value. Some cities also have city imposed transfer taxes, these will mostly be your more progressive areas like Los Angeles and Oakland/Berkeley.

  • Selma, CA · Member since 2017 · 26 posts · 2 votes
    7y

    Ah, that makes sense. Thanks so much for the explanation!

  • Selma, CA · Member since 2017 · 26 posts · 2 votes
    7y

    I thought of another concern...

    If my brother and his wife apply for the refi and give me the 200k to buy me out, am I not realizing a capital gain? And we’ve all owned for less than a year (October 2018), so would I be subject to the short term capital gains tax?

  • Selma, CA · Member since 2017 · 26 posts · 2 votes
    7y

    For anyone interested, I just spoke to a tax professional about my questions (California). I’m sure most of this is well known on this site, but maybe it will help some new people like me.

    He said my brother and his wife can do the refi and give the full amount to my wife and I. They would just have to file the gift tax form. If they don’t want to pay the gift tax, they just don’t pay it, but this will lower their lifetime $11.4 million tax free limit on their “estate” by the amount gifted. That’s plan A.

    Plan B is they refi and give us our half of the value in chunks over time. $15,000 from each spouse to each spouse for up to $60,000 per calendar year with until it’s all paid out. Would take about 2.5 years from now.

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