Legally Minimize Capital Gains

[Jill McCann]

My mom and uncle inherited family property when my grandmother died 10 years ago. 

My uncle has lived on the land his whole life including after inheriting--it's his primary residence. 

The land is comprised of a few homes, barns, forest, and farmland. They have collected some income for having it logged years ago but that's about it.

They have accepted an offer on it and will be subject to significant capital gains. The offer is cash and from family so the deal can be structured a variety of ways. 

1. What are the best strategies to minimize taxes?

2. Is there a way to allow both parties to net the same amount of money after taxes considering my uncle will be able to reduce his liability due to it being his primary residence. 

Of note--one small piece of the whole sale is owned solely by my uncle and contains a house and about an acre of farmland. I mention this in case using it provides some option for tax savings. The offer is on all of the property together and the agreement is to split it all. Thank you!!

[Bill B.]

So get a local real estate expert to give you a current value for the sale. And then ask them for a reasonable value 10 years ago. (This difference is what you’ll be taxed on, not the total sale.)

Don’t let people tell you there’s a 15k limit per person per year. Your uncle can use his lifetime exemption. 

If the transfer on death put it in both their names you’ll have to figure out if that made it 50/50 or if you can call it 90/10 to make his portion tax free.