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Question

I have 60 acres of farmland in NY state that I want to gift to my son, so that he does't have to wait till I die for it. The land is assesed at $1000/acre. If I do this will he or I incur any tax liability from the state or the IRS?

Submitted: 190 days ago.
Category: Tax
Value: $15
Status: CLOSED
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Posted by Mark D 190 days ago.

Answer

XXXXXXX,

 

The maximum you can gift is $13K per a year to your son without the need for filing a gift tax return, so you could spread out your gift over several years. You can also gift it all at once and claim part of your $1MM lifetime gift exclusion by filing Form 709 (Gift tax return) to avoid gift taxes. Please let me know if you have further questions.

 

Regards,

 

Mark D

189 days and 23 hours ago.

Reply

I don't understand. If i claim it all at once, what is the 1MM lifetime gift exlusion? How much is that? If I do that, can I then give other gifts against that until I arrive at that amount? Also, if I do that, do I not have to pay anything at this time. Please explain further in unerstandable form for me. Sorry for the further explanation needed.

Posted by Mark D 189 days and 23 hours ago.

Answer

XXXXXXX,

 

No problem! The $1 million lifetime exclusion allows you to gift in excess of the $13K per a year per an individual without having to pay up to 45% in gift taxes. To claim this exclusion, you would file a gift tax return (Form 709). For example, you could gift the entire $60K worth on land and still have $940K of your lifetime exclusion left. By gifting only 13 acres of the land (valued at $1K apiece) per a year, you would not have to file any gift tax return or use up any of your exclusion. As long as you have never used up your $1MM lifetime exclusion, you would not pay any taxes on this gift either way. Please let me know if this did not clear things up for you.

 

Regards,

 

Mark D

189 days and 23 hours ago.

Reply

Actually, I am giving the 120 (60 x 2) acres to my 2 sons jointly, not just one son. I didn't mention this because I thought that the gift for one would not affect the answer. I guess that was a wrong assumption. There will be no more gifts after this so I won't have to worry about running over the lifetime exclusion, since 120 acres X 1000= $120,000. Is this assumption I am now making correct?

189 days and 22 hours ago.

Reply

I have dial up so I keep getting disconnected. I did not receive an answer for my last and final question about 2 sons and 120 acres. I'm sorry for the problem, but if you could answer my last reply, I'm sure I would be finished

Accepted Answer

Don,

 

Correct, you would not need to worry about paying gift taxes, but you would still need to file Form 709.

 

Regards,

 

Mark D

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Expert: Mark D
Pos. Feedback: 99.6 %
Accepts: 919
Answered: 9/11/2009

Enrolled Agent

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

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