Does selling your house to your kids for $1 really work?

On Behalf of | Nov 11, 2024 | Real Estate

Many people think that selling their house to their kids for $1 is a smart way to avoid paying taxes. The idea sounds simple: transfer the property for a token amount, keep it in the family, and avoid estate or gift taxes. However, the reality is more complicated, and this approach can lead to unintended tax consequences. Before deciding to sell your house for $1, it’s important to understand the potential pitfalls.

Gift tax implications

Selling your house to your kids for far less than its market value, like $1, is essentially considered a gift by the IRS. The difference between the home’s market value and the sale price counts as a gift, which means you could owe gift taxes. The IRS allows an annual gift tax exclusion of up to a certain amount (which changes yearly), but a house’s value usually exceeds this limit. If the gift amount surpasses the exclusion, it may require you to file a gift tax return.

Capital gains tax issues

Another issue with selling your house for $1 is the potential impact on capital gains taxes for your children. When you sell a house for market value, the buyer’s cost basis is the purchase price. However, if you sell it for $1, your children inherit your original cost basis. If they eventually sell the house, they may have to pay significant capital gains taxes on the increase in value from when you bought it, not from the $1 they paid. This can result in a large tax bill if the house has appreciated considerably over the years.

Medicaid eligibility concerns

Selling your house for $1 could also affect Medicaid eligibility. Medicaid has a “look-back” period, which means they review financial transactions from the past several years. If they determine that you sold your house for less than its fair market value to qualify for Medicaid, you may face penalties or delays in receiving benefits.

Selling your house to your kids for $1 may seem like a clever way to avoid taxes, but it often creates more problems than it solves. It’s crucial to explore other options for transferring property that minimize tax consequences while protecting your family’s financial future.