QUESTION

How much can you give away without tax penalty in New Mexico

Asked on Feb 25th, 2013 on Trusts and Estates - New Mexico
More details to this question:
My father is 88, has no will or any legal document & assumes everything will go to his childrren. I heard he can give away $14,000 to each child with no tax consequence to him or the childern. Is that correct?
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1 ANSWER

Robert Barnhill III
Christy - a person can give cash and property valuing $14,000 in 2013 without having a taxable gift.  However, just because you have a taxable gift does not mean you will owe a gift tax.  Starting in 2011, a person can give away either during life, at death or a combination of life and death taxable gifts totaling $5 million without having to pay any taxes.  Until your father gives away more than $5 million in taxable gifts, he will not owe any gift taxes.  If your father's total wealth is less than $5 million, you will not owe any taxes whether he gives you the property during his life or at death.  I highly recommend that any real estate or investment assets your father owns not be given to anyone while he is living.  By waiting until he passes away to inherit the property, the heirs will get a new income tax basis in the property which will save them income taxes when they sell the property after your father passes away.  I hope this helps.
Answered on Feb 25th, 2013 at 5:28 PM

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