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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15178
Experience:  15years with H & R Block. Divisional leader, Instructor
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My sister and I are going to move in together. She does not

Customer Question

My sister and I are going to move in together. She does not have any credit - and therefore cannot co-sign on the mortgage with me. She does have an income and savings and would want to help with the down payment costs. Could she make an investment in the property since she's going to be living there (and will be on the title) and not have the same tax implications as if it were a gift? Thanks.
Submitted: 2 years ago.
Category: Tax
Expert:  Robin D. replied 2 years ago.
Hello,Yes your sister could invest and be a part owner and that would not be a gift to you.As long as she is on the title to the home would be long to her as well. If sold she would be allowed the same exclusion of gain as you would. She could not claim the interest on the loan as a deduction though. This is because she is not liable for the loan repayment.If my answer addressed your question please rate below or above (let me know if you have difficulty as I believe the system changed), if you need more information reply below.
Expert:  Robin D. replied 2 years ago.
Please let me know if you need more information. I want to make certain you understand your situation.
Customer: replied 2 years ago.
Thank you for your quick reply. Just to make sure I fully understand, she could invest any amount and would not get hit with a gift tax?
Expert:  Robin D. replied 2 years ago.
That is correct. She is not giving you money, she is buying her half of the property. That is not a gift but a purchase.
Expert:  Robin D. replied 2 years ago.
The gift tax is a tax on the transfer of property by one individual to another while receiving nothing, or less than full value, in return.
The tax applies whether the donor intends the transfer to be a gift or not.
The gift tax applies to the transfer by gift of any property. You make a gift if you give property (including money), or the use of or income from property, without expecting to receive something of at least equal value in return.
If you sell something at less than its full value or if you make an interest-free or reduced-interest loan, you may be making a gift.
Your sister is not making a gift because she is receiving ownership in the property too.