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The good news is you do not have to report the value of the
gift in income. Of course, once youve received the gift,
if it generates income you will report that income. For example,
if shares of stock youve received later pay dividends,
the dividends are taxed to you.
Complications can arise if and when you sell the property
you were given. You will have to determine your gain or loss
on the sale and for this you will need to know your basis.
For most property you buy yourself, the basis is simply your
cost. For property received as a gift, however, special basis
rules apply.
The general rule is that you receive the same basis in the
property that the donor had in it. This is sometimes referred
to as a carryover basis, because the donors
basis carries over to the donee -you-along with the gift.
Many taxpayers are unaware of this rule and believe their
basis to be the value of the gift when they receive it.
Example.
Lyle buys stock for $1,000 and gives it to his niece Ellen
when its worth $8,000. Ellen later sells it for $11,000.
Ellens basis in the stock is only $1,000-the same basis
Lyle had. Thus, she must report $10,000 of gain on the sale.
Note,
if Ellen had sold the property for just $6,000, she would
still have to report a gain (of $5,000 on her $1,000 basis),
even though the property declined in value in her hands. She
would only be able to report a loss if she were to sell it
for less than $1,000.
Loss property. Special rules
apply for property which has gone down in value in the hands
of the donor. For such property, at the time of the gift,
the donors basis (cost) will be higher than the value
of the property. In this case, you must keep track of two
figures for basis purposes. To measure gain on a later sale,
the general carryover basis rule applies and your basis is
the same that the donor had. But to measure loss on a later
sale, your basis is limited to the (lower) value of the property
at the time of the gift.
Example
(1). Karen buys stock for $12,000 and gives it to her
nephew Ed when its worth $8,000. Ed later sells it for
$6,000. To measure loss, Eds basis in the stock is only
$8,000-the value of the stock on the date of the gift. Thus,
Ed has only a $2,000 loss on the sale.
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Example
(2). The facts are the same as in Example (1), except
that Ed sells the stock for $15,000. To measure gain, Eds
basis is $12,000, the same basis Karen had. Thus, Eds
gain is $3,000.
Under these rules, if a donee of loss property sells it for
an amount in between the propertys date of gift basis
and (lower) value, there will be no gain or loss on the sale.
Example
(3). The facts are the same as in Example (1), except
that Ed sells the stock for $10,000. Here, to measure Eds
loss his basis would be $8,000, so theres no loss on
the sale for $10,000. Similarly, to measure Eds gain,
his basis would be $12,000, so theres no gain on a sale
for $10,000. Thus, Ed would report no gain or loss.
Did the donor pay gift tax?
If the value of the gift is more than $10,000, the donor may
have paid federal gift taxes on it. If this is the case and
the property had appreciated in value in the donors
hands, you will be able to increase your basis. The
rule is you add to your basis that portion of the gift tax
paid which is allocable to the increase in value at the date
of gift.
Example.
Larry buys stock for $50,000 and gives it to Diane when its
value is $150,000. He pays $30,000 in federal gift tax on
the transfer. The increase in value ($100,000) is two-thirds
of the value of the gift. Thus, Diane will increase her basis
in the stock by $20,000 (two-thirds of the $30,000 in gift
tax paid). Dianes total basis is thus $70,000: the $50,000
carryover basis plus the $20,000 under the gift tax rule.
Getting basis information.
Its important to get the basis information you need
from the donor. Many donors include this in the cover letter
that accompanies the gift. If your donor didnt, you
may find it awkward to say, Thanks for the generous
gift what did you pay for it? Accordingly, if
you would like us to contact the donor on your behalf to explain
the need from your tax standpoint, please let us know. In
any event, dont delay in getting the basis information
you need: the donor may destroy the records needed to establish
basis once hes given away the property. If you cant
establish basis, IRS can impose a zero basis in which case
you will have to report the entire sale price as gain. Dont
put yourself at risk in this fashion.
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