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How should I treat a gift of equity that shows up on a closing statement?

ironmom
Level 3
A client gifted equity to his granddaughter.  I believe I need to do a gift tax return for that amount, but can I then subtract the gift from the sale?
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TaxGuyBill
Level 15

Yes.

For example, if the paperwork shows a $200,000 sale price with a $50,000 Gift of Equity, in reality the sale price was only $150,000.  So use $150,000 as the sale price (if there is a 1099-S, you might need to get creative), and the Gift Tax return would show a $50,000 gift.

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3 Comments 3
TaxGuyBill
Level 15

Yes.

For example, if the paperwork shows a $200,000 sale price with a $50,000 Gift of Equity, in reality the sale price was only $150,000.  So use $150,000 as the sale price (if there is a 1099-S, you might need to get creative), and the Gift Tax return would show a $50,000 gift.

ironmom
Level 3

Thanks so very much:)

sjrcpa
Level 15

And if the sale results in a loss it is not allowable due to related party tules.


Ex-AllStar