QUESTION

Is there a tax if I give my property to my partner?

Asked on Sep 24th, 2013 on Taxation - California
More details to this question:
Is there a gift tax if I want my same-sex partner's name on the house I've own for a few years?
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4 ANSWERS

Chapter 7 Bankruptcy Attorney serving Lisle, IL at Mankus & Marchan, Ltd.
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If you give a gift valued at more than $13,000.00, you (the donor) must pay federal gift tax. The recipient does not pay any tax on the gift he receives.
Answered on Oct 02nd, 2013 at 11:24 AM

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It depends upon your status. Persons who are "married" for federal tax purposes can generally transfer property to each other without federal gift tax consequences. After the recent Supreme Court ruling in the Windsor case, same-sex couples are treated as married for tax purposes if they are married under the law of a state that recognizes same-sex marriage. The IRS has recently clarified that this means that a couple that is legally married in a state that allows same-sex marriage, but who reside in a state which does not, are still treated as married for federal tax purposes. If you are not treated as married for tax purposes, the transfer may still be tax free. However, the transfer will count against your "lifetime exemption" and you should file a gift tax return. Although estate planning is important for everyone, same-sex couples especially need advice from an estate planning attorney who deals with these types of issues regularly.
Answered on Sep 25th, 2013 at 3:19 AM

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Business Law Attorney serving Portland, OR
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There is no Oregon gift tax; there is a federal gift tax but you have a $5.12 Million lifetime exemption. You need an appraisal of the house and to file a gift tax return when you file your income taxes for 2013.
Answered on Sep 25th, 2013 at 3:13 AM

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Litigation Attorney serving Stockton, CA at Patrick Jay Edaburn
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It is tough to answer the question without more specifics as there are various permutations to the gift tax. Are you planning on getting married If so then gifting can be different than with person to person. I see this issue with my LGBT clients.
Answered on Sep 25th, 2013 at 3:08 AM

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