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 tbeales
Joined: 30 Dec 2008
Posts: 1
1.47 Dollars($)
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 Posted: Tue Dec 30, 2008 10:30 pm Post subject: What are the tax ramifications, reassessment requirements an |
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| What are the tax ramifications, reassessment requirements and transfer of ownership limitations?...My in-laws are on the verge of selling their vacation property (due to losses in their stock portfolio and retirement funds). They have come to my husband and I in hopes that we can take on their mortgage and operating expenses and/or preferably buy them out. This property was supposed to be our inheritance and as such we were expecting to take on the inheritance tax and related expenses some time in the future, but now are not sure what we can and/or should do? The picture is complicated because while they "owner built" the property in 1992 for $325,000 (which is their loan amount), it has a conservative market value of $2+ million - although the tax assessment for them is still based on their original loan. How do we assume their expense now, but set ourselves up for the best "transfer of ownership" for the future? They would be happy to SELL us the property for under market, but I don't know how to go about this legally? Would they have to put the property on the market at fair value? |
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jameshogg
Joined: 20 Dec 2005
Posts: 5167
Location: nevada
645.98 Dollars($)
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| Posted: Tue Dec 30, 2008 11:47 pm Post subject: |
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Hi tbeales,
As far as I know, if you are willing to buy the property, then there is no need to list the property in the market. However, you have mentioned that the property has a mortgage on it. You will have to check out the loan docs to know whether there is a due on sale clause mentioned in it. If there is such a clause, then the lender may ask your in-laws to pay off the dues immediately after the sale. As far as taxes are concerned, in my opinion, you will not have to pay the inheritance taxes. Rather if you sell off the property in future you may have to pay Capital Gains Taxes. However, it will be better if you can consult a tax-adviser in this regard.
If the loan docs do not have a due on sale clause, then you will either have to refinance the mortgage or assume it. In both the cases, the lender will check your credit score and income. If you satisfy the lender's requirement, then only you will be able to refinance or assume the loan.
Thanks |
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Caron
Moderator
Joined: 19 Jul 2005
Posts: 1562
Location: florida
266.76 Dollars($)
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| Posted: Wed Dec 31, 2008 5:18 am Post subject: |
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Hi Tbeales,
| Quote: | | the tax assessment for them is still based on their original loan. |
I suppose the tax assessment should be based on the current property value rather than the loan amount. Is it mentioned anywhere in the loan doc as to how the taxes will be assessed?
I think you should consult a tax assessor for further insight on this issue. When you talk about "best transfer of ownership", are you asking about how to reduce your tax consequences in case you sell the property in future? well, that'll take some time I believe because you'll have to pay off the mortgage first.
Regarding the buyout, your in-laws should take the lender's approval first. If your income and credit situation matches the lender's criteria, only then you'll be able to buy the property and assume the mortgage. You may consult a real estate attorney for legal aspects of the property transfer.
Good luck
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