The annual gift maximum is the amount that does not use up any of the lifetime gift tax exemption. If he still has his entire unified gift and estate tax exemption amount available, he can gift the house to you and simply file a gift tax return using up a portion of his exemption, and pay no tax. My concern with lifetime gifts is with capital gains on a subsequent sale by you. If you inherit the property you receive a free step-up in basis as of your father's death, as though you paid full fair value for it. If you turn around and sell it for that value, say $600K, you realize no gains on the sale so you pay no federal income taxes. (As for state taxes, that varies state to state). If instead of inheriting the property you receive it as a lifetime gift, your basis in the property is the same as your father's; no step up. If your dad bought it for 100K, that's your basis, and when you turn around to sell it you pay income taxes on the gains: 600K minus 100K = 500K gains ("income"). The federal taxes will probably be about 35%, or $175,000.00.
Answered on Dec 21st, 2016 at 5:14 PM