How to create a family investment

2 Replies

I'm not sure if this is in the right place, but I'm hoping someone can at least tell me what type of professional can help me explore the questions below. 

My mother has some money that she would like to use to invest in Real Estate to create an inheritance for her three children.  She would not qualify for a mortgage, so I am considering taking out a mortgage and then using this money as a down payment.  I would carry the mortgage, but the building would generate rents that should easily cover expenses.  Here are the specific questions:

1. would she get taxed for gifting the down payment ($50-100k)

2. would I get taxed for receiving it?

3. is there some sort of family trust I could create to hold the property, and if so, can I still claim the mortgage on my taxes, since it would be in my name?

Any help in answering or even clarifying these questions is greatly appreciated. 

Amelia - You would want to discuss with either/both a CPA and attorney who deal with estate planning. I'm a CPA, but focus primarily in hedge funds, so not my niche. However, I can say that the amount she can gift you is limited to 14k per year. Anything over that amount is subject to a gift tax, which is normally paid by the person giving the gift (her).

@Amelia Goodyear

1. She can file a form 709 to use part of her lifetime exclusion to avoid paying taxes on the gift to you. HOWEVER...

It's only a gift if your mother's name is not on the title. If her name is on the title (you can own the property jointly) then she is a co-owner, and there is no gift. Based on the facts provided this seems like a course of action more in line with what your mother wants...because her heirs would get a step up in basis on her portion of the property when she passes - which is a really good tax benefit. You should sit down with a tax pro to work on all the specifics of your situation.

2. No.

3. You'll need an attorney for that one!

Best of Luck!

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