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Reducing Estate Tax by Making Gifts


Giving Away Non-Cash Property

Not only gifts of cash can be spread over several years. You can give away some stocks now, some next year. You can even give real estate in pieces -- physical pieces, if that's possible, or pieces (percentages) of ownership.

 
Example

Solomon and his wife Rhoda want to give their vacation cabin to their son Gerard. The cabin has a fair market value of $75,000, but their equity is only $40,000 because there is still $35,000 left on the mortgage. In November, Solomon and Rhoda sign a deed transferring the cabin to Rhoda and Gerard as joint tenants, meaning that Rhoda and Gerard each own a 1/2 interest in the property. (Solomon gave Gerard his $20,000 share of the equity in the cabin.) Gerard's gift from his parents is tax-free, because together they can give him up to $24,000 tax-free each calendar year.

The next calendar year, Rhoda gives her half-share, worth $20,000, to Gerard. Even though only Rhoda makes the gift, the IRS considers it, for tax purposes, to have come from both spouses. Gerard now owns 100% of the vacation cabin.

Gifts to Children

Giving children valuable property before they are adults raises the important question of who will manage the property for the child. If you give a large gift to a child under 18, an adult must be responsible for the money.

Fortunately, it's easy to arrange for an adult to manage the property, by setting up either:

  • an irrevocable child's trust, or
  • a custodianship authorized by state law.

The second way, a custodianship, is easier: You simply name an adult to serve as "custodian" of the money.

Custodianships

Custodianships are authorized under a law called the Uniform Transfers to Minors Act (UTMA), or the Uniform Gifts to Minors Act, one of which has been adopted by every state. All you need to do is appoint a custodian, in writing, and give the property to that person, instead of to the child directly.

The custodian must manage and use the money for the benefit of the child. When the child reaches adulthood (defined as age 21 in most states), he or she gets whatever's left.

Copyright 2007 Nolo


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