View Full Version: Familly Transfer Of 3 Properties -- Basis ?

Familly Transfer Of 3 Properties -- Basis ?

ceinvests
2008-03-26 08:37

Hello All... I am asking for some creative feedback on a few deals done within our family.
1. Son1 bought a 2nd home 11-05 and son2 rehabbed it for him, 4/07 son1 quitclaimed over and son2 refi. ?? Ok to assign costs and rent for placing into rental status on 1/07? Ok to pay him 5-10K gift for this? ?Can he raise cost basis purchase, rehab and gift if he does?

2. Dad bought 2nd home 5-05 and son2 rehabbed, never charging. Paid 10K 'gift' for quitclaiming in 4/07. Dad still carrying loan, son paying. Same ?'s Soon will refi. loans out of Dads name.

3. Mom bought 2nd home 4-05, son2 rehabbed, charging. Mom placed into rental 7-06, sold 1031 to son 11-06 for fair market. Mom keeping loan until timing right. No ? here.

Any issues or ideas welcome.


NewKidInTown3
2008-03-26 22:17

Quote:

On 2008-03-26 08:37, ceinvests wrote:
3. Mom bought 2nd home 4-05, son2 rehabbed, charging. Mom placed into rental 7-06, sold 1031 to son 11-06 for fair market. Mom keeping loan until timing right. No ? here.



You may not have any questions here, but this scenario intrigues me. Could you give a few more details about the structure of the exchange? How was your qualified intermediary able to construct an exchange that allowed your wife to hold a note for the sale of the relinquished property?


ceinvests
2008-03-27 08:16

Son tried to assume loan. Lender would not allow. Lender cannot call loan that parent holds. HUD1 shows the payoff of loan per the day of settlement and worked all numbers as if it was a new loan since the lender still has same lean on property, so risk/loss is on son. All exchange $ were transferred 1031 from son sale to nonrelated, son 1031 purchase this property from Mom, Mom 1031 into new property w/new loan. Strict 2 year hold for son and Mom.

Any thoughts on cost basis per properties?


NewKidInTown3
2008-03-29 17:01

Ok, so Mom is not the note holder, just the mortgagor, right? Mom is not really holding a note that she can foreclose on if the son defaults.

Do I have it right?

For your other properties, the details are too sketchy and the transactions are complex enough, even before adding the related party rules to the mix, that you should seek assistance from a licensed tax professional.


ceinvests
2008-03-30 11:24

Correct, Mom is not the lender... GMAC/Central Bank is (or whomever the investor actually is). She does have to assign interest to him since they would not allow assumption, but that is clean. She also watches to protect her credit (not a problem/same as a lender protects his interest financially) I never thought of the seller holding note for 1031... is that do-able?

What are your thoughts about the gift monies from family to family for transfer of deed as in other situations. Rehabs were done on 2nd homes w/cost never accounted for. Now, son2 has placed into rental status after transfer. Any issues here?


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