Question on Tax Implication in Property Transfer

Question on Tax Implication in Property Transfer

Member since 2020 · 6 posts · 0 votes

Hey Guys,

I had a question that I was hoping that someone can answer. My brother and I have a townhome together as an investment property (in Tampa, FL). My brother wants out of the property. I do not want to sell. My fiance agreed to take his half of the ownership of the property. So as it stands now, my brother and I are 50%/50% owners and mortgage holders on the property. We want it switched to where I retain 50% and my fiance will flip with my brother and retain the other 50% ownership of the property, releasing my brother from the title/ownership and mortgage. However, after talking to the bank, the only way this could occur is through refinancing with closing costs ranging from $4500-$7000. Which would not be profitable in investment terms. So we reached a compromise, where my brother wants the initial $18,000 he invested in the property and my fiance and I will pay that to him and pay off the current 100K in mortgage and then he will do a quit claim deed to transfer the title over to me and my fiance.
   My question is as follows, will there be any tax hits with this type of transaction? As it is not technically a " sale of a property" (or is this still considered a sale?) will my fiance or myself get hit with any unforeseen taxes, fees or penalties if we do it this way? I don't know if this would be considered a "gift". As I am already 50% owner, I do not believe it will affect me (correct me if I am wrong) but what about my fiance who will essentially gain a property in this way. The lifetime gift tax exemption is $11.58 million, as I understand. The annual gift tax exclusion is $15,000. 

Thanks!

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  • Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    6y
    Originally posted by @Sofia Kolesnikova:

    Hey Guys,

    I had a question that I was hoping that someone can answer. My brother and I have a townhome together as an investment property (in Tampa, FL). My brother wants out of the property. I do not want to sell. My fiance agreed to take his half of the ownership of the property. So as it stands now, my brother and I are 50%/50% owners and mortgage holders on the property. We want it switched to where I retain 50% and my fiance will flip with my brother and retain the other 50% ownership of the property, releasing my brother from the title/ownership and mortgage. However, after talking to the bank, the only way this could occur is through refinancing with closing costs ranging from $4500-$7000. Which would not be profitable in investment terms. So we reached a compromise, where my brother wants the initial $18,000 he invested in the property and my fiance and I will pay that to him and pay off the current 100K in mortgage and then he will do a quit claim deed to transfer the title over to me and my fiance.
       My question is as follows, will there be any tax hits with this type of transaction? As it is not technically a " sale of a property" (or is this still considered a sale?) will my fiance or myself get hit with any unforeseen taxes, fees or penalties if we do it this way? I don't know if this would be considered a "gift". As I am already 50% owner, I do not believe it will affect me (correct me if I am wrong) but what about my fiance who will essentially gain a property in this way. The lifetime gift tax exemption is $11.58 million, as I understand. The annual gift tax exclusion is $15,000. 

    Thanks!

     When making decisions remember that the lifetime exemption is temporary and will expire.  After it expires the limit is much lower.

    You probably need to do a purchase agreement with your sibling and lay out what you are doing and record that.  So there would not be a gift, but a purchase.  

    Hopefully someone who has done this will chime in!

  • Member since 2020 · 6 posts · 0 votes
    6y

    Lynnette,

    Thank you for your input. However, as I understand if we do this as a "purchase" there will be tax implications which we want to avoid. Thereby, paying off my brother and mortgage and then having my brother do the quick claim deed to transfer title to my fiance and I, is what we are thinking would be the best way to go about this without incurring any other fees/penalties. However, since I am not married, I am concerned for the possible hidden fees that my fiance will have to pay if we do it this way. As I do not know in depth the what the IRS laws are. Believe me I consulted a real-estate attorney who couldn't give me an answer, then tax attorney who also could not tell me a clear answer and stated that maybe a CPA can answer this question. 

  • Lititz, PA · Member since 2013 · 595 posts · 272 votes
    6y

    This is a very good question.  Please post back with the solution you find as often times there is no follow up on these type of posts.  

  • Investor · Tampa, FL · Member since 2016 · 681 posts · 288 votes
    6y

    Hello Sophia Kolesnikova. I think you are over thinking this transfer of ownership. I would just call Stewart Title on W. Cypress St. in Tampa and consult with Chris Campbell. If you pay your brother off is one Quit Claim Deed. The other is if you can really pay off the existing Mortgage in whose name would the property be? The Quit Claim Deed does not have to continue ownership in your fiance's name. You complicate things by wanting him on the Title. If you pay off your brother with money from your fiance and then pay off the mortgage you can get another Loan and settle up. 

  • Member since 2020 · 6 posts · 0 votes
    6y

    Michael,

    Thank you for this reply and information in who to contact. I will definitely reach out to Chris. Michael, I had another question for you that I was hoping you would be able to answer. If as stated above my fiance and I pay off the mortgage and my brother, is it possible then to have my brother quick claim deed to our established LLC without suffering any unforeseeable tax implications if we do it this way? Thank you.

  • Investor · Tampa, FL · Member since 2016 · 681 posts · 288 votes
    6y

    Hello Sofia. I'm not a lawyer, but, I did this once with my girlfriend when we started to buy fixer upper houses to rent in Tampa. The first one stalled as a Flip and she wanted out. I paid her off At Cost and that should not be a tax event. She "invested" her money and it did not produce a "profit" and I paid her off without any Cap Gain. Right? You say that you formed an LLC with your fiance? Then, you want to pay off the mortgage and transfer the ownership from you and your brother to the LLC? It's a step by step explanation that is needed. Is that your Goal? Then, doing that At Cost without any Profit should not create a Cap Gain...correct? You would have a Tax Stamp and Title costs etc. as far as I see... With my girlfrend bailing out on me, I rented for a couple of years and sold at a $20,000 profit. I pay Tax on the Gain after all the Deductions allowed for me as I am considered as a Real Estate Professional. I manage and repair and spend all my time selling off what's left of my R.E. Portfolio as an Active Investor. I am currently selling four Commercial lots on Dale Mabry and Interbay Blvd. I have Carry Forward Deductions from the 2008 Crash, enough to make all my Profit, Tax-free as I do not have the $3000 Individual Deduction Limit. I will have enough on that Sale to pay Cash for a fixer upper home in Brandon. That property will be worth up to $50,000 more after the Rehab. As soon as it is fixed up and I establish as my Residence, I have the manager at Republic Bank offering to give me a Home Equity Line of Credt at 70% or more, Loan to NEW Value. No Cost. You want to get as much as possible and at 80% LTV I could get back the Cost of the new home with a Credit Card to use all the money over again. No questions asked. I have been waiting eleven years to get out of this hole and back to being Flush with Cash to do Flips, one at a time. You can't get into trouble if you have Cash to Buy and Fix Up. Carrying Costs are cut to a minimum, without any Deadlines. If you get nervous, you can Rent for a year and try again later. I am also Selling my current Residence, again Tax-free after living there for two years. I will net a Profit of at least $50,000 for this 11 years Rental that I moved into. With the remaining Profit from the Sale of the Commercial property and the Equity Line of Credit and the Tax-free profit from Sale of my Residence I will have enough to "farm" the area where I am moving to and never spend all the money. I will be free of the Banks and Hard Money etc. as long as I just do, one at a time going forward with 1031 Exchanges and moving into one to sell as my Residence, Tax-free. I have properties in Brazil and I will spend most of my time down there and just keep up one Residence and one Fixer Upper/Rental for Sale in Tampa area as my Business. Talk with Chris Campbell at Stewart Title about your Plan. The reason my Agent got me to use Stewart Title 30 years ago was because they are also the only Underwriter in Tampa. I want to sit down and get hard copies of all the Deals and ask questions and not be Esigning everything and not get hard copies etc. You can call Chris during any Closing process and get answers right away. Takes the Stress off of doing R.E. Deals.

  • Member since 2020 · 6 posts · 0 votes
    6y

    Michael,

    Thank you for your input. I will reach out to Chris this Monday for his input. Michael, I have a property with my fiance (separate one then in the previous discussions) now in Tampa and a tenant living in the property. The lease is under my and my fiance's name. However, we are transferring the property to the LLC. My question is does do we have to amend the lease from our names to the LLC. As I have researched, it appears that this is not needed. The information I received is that the tenant must just send rent for make checks out to now the LLC ones the transfer occurs and not to us personally. Is this correct? He currently has a month to month contract. Thanks.

  • Investor · Tampa, FL · Member since 2016 · 681 posts · 288 votes
    6y

    Hello Sofia, it appears that someone convinced you to start a Business and not be a Sole Proprietor in order to lower Taxes? Depending on how many properties you intend to have in your Rental Portfolio is whether or not it is necessary to register an LLC. I could see it if you were a Flipper and you had a Team of Subs and were protecting yourself from being personally liable on your properties. If you were like me and just wanted to do the "Ten years to a Million" plan with ten rentals that you fix and manage yourself? You may now have the LLC in order to have a formal contract arrangement with your partner, which makes sense. So, you can Quit Claim your brother, even at a loss for him, to be off the one property. You have to be careful not to trigger the Mortgage payoff in full, clause, until you are ready to pay it off. Than, you would require a transfer to your LLC? Sounds like you started one way and now are convinced to LLC the portfolio. If you were living in that property, you could go, like I am doing, to Republic Bank in Temple Terrace and get most of your money back with a HELOC at the low interest rates we have now. The second property is with your fiance and it is going to be transferred to your LLC. That is with Stewart Title and Chris Campbell will have all the details on how to do that. Your question is if you need to renew the Lease in the name of the LLC and get the tenant to send checks to the LLC? They are on a month to month. How long do you want them as tenants? Is it time to make a new lease or not? In Tampa you could extend the current lease for another six months without it being under Hotel Tax Rules. And make the new contract in the LLC name. Or I would think that for a few months you could continue month to month with the check in your names and deposit them in the LLC account as if you were just the Rental Managers. It sounds like you are looking to build a big, longterm, Rental Portfolio. Good luck.

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