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There would be no tax involved in this transaction
. Rather, he is simply transferring the property
to you in satisfaction of the loan your provided...much like a deed in lieu of foreclosure. He would make this transfer by quit claim deed. If the value of the property is not worth the outstanding balance of the loan, you can treat the excess of the loan being forgiven as a gift. But, there will be no gift tax resulting from this. Recipients of gifts are not subject to gift tax. And, there should also be no gift tax due from the donor. Each donor can give $14,000 per year per person under the annual gift exclusion. In addition to that, for any amounts in excess of the $14,000 in a year, each person has a $5,250,000 lifetime exemption....which means a person can give a cumulative amount of up to $5,250,000 in gifts over and above the $14,000 annual gift exclusion amount without incurring gift tax....the donor must file a gift tax return
to let the IRS
know how much of the lifetime exemption is being used, but there will be no gift tax until cumulative additional gifts have exceeded the $5,250,000.
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