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American Focus > Blog > Economy > ‘Is this a good tax strategy or a sham transaction?’ My mother wants to give me her home. I have a plan to avoid taxes.
Economy

‘Is this a good tax strategy or a sham transaction?’ My mother wants to give me her home. I have a plan to avoid taxes.

Last updated: May 27, 2025 9:55 am
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‘Is this a good tax strategy or a sham transaction?’ My mother wants to give me her home. I have a plan to avoid taxes.
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When it comes to transferring property between family members, especially when it involves significant assets like a personal residence, there are important tax considerations to keep in mind. In a recent scenario posed by a reader, the question of gifting or selling a house from a parent to a child raised concerns about cost basis and potential tax implications.

The reader inquired about the implications of purchasing the house from their mother at fair market value and whether they would inherit her adjusted cost basis. Additionally, they raised the question of whether receiving a note for the purchase price as a gift would impact the cost basis of the property.

According to experts, if the mother were to gift the property to the child, the child would assume the mother’s tax basis in the property. This could potentially result in a significant capital gains tax liability if the property is sold in the future. On the other hand, if the mother were to sell the property to the child and hold a note for the purchase price, the child could retain the step-up in basis, thus potentially avoiding a large tax bill down the line.

It’s essential to proceed with caution and seek advice from a trusted real estate attorney to navigate the complexities of such transactions. The ultimate goal is to ensure that the transfer of property is done in a tax-efficient manner that maximizes benefits for both parties involved.

In conclusion, while gifting or selling a house between family members can be a viable option, it’s crucial to carefully consider the tax implications and explore all available strategies to minimize potential tax liabilities. By consulting with experts and proceeding with care, families can make informed decisions that align with their financial goals and objectives.

See also  Santander doubles down on UK presence amid Spain's banking M&A turmoil
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