Why are you going to give your house away? Are you trying to do Medicaid planning? Specifically to answer your question, though, you are supposed to file a gift tax return to report any gift that exceeds the exemption of $13,000 or $26,000 if your spouse goes in on the gift. However, no gift tax is due, until your total gifts exceed $5 million, as the law currently stands. (This will change to a new number, if Congress passes a new law, or to $1 million, if no law is passed in 2012 or if passed in 2013 but not made retroactive to January 1, 2013. I hope you can answer the questions at the beginning of my answer. If so, you probably need the services of an elder law attorney.
Answered on Sep 14th, 2012 at 5:10 PM