|
A
client submitted a question concerning a gift of appreciated property
to his son. Here are the results of the research on the question.
Basis
of property acquired by gift:
If
property was acquired by gift, the basis to the donee (your son)
is the same as it would be in the hands of the donor or the last
preceding owner by whom it was NOT acquired by gift. If a gift tax
is paid, the basis of the property is increased by the amount of
the gift tax attributable to the net appreciation in value of the
gift. The net appreciation for this purpose is the amount by which
the fair market value of the gift exceeds the donor's adjusted basis
immediately before the gift.
Holding period of property acquired by gift:
The
holding period of property acquired by gift or transfer in trust
includes the time the property was held by the donor and the donee,
if the donee is required to use as his/her basis the basis of the
donor. When the fair market value at the time of the gift is used
to determine the loss and such fair market value is greater than
the donor's basis in the property, the holding period of the donor
may not be used.
In
your case, a gift of appreciated stock to your son (who is now age
14 or older), and sold by him would have the gain (net sales price,
less YOUR cost basis) taxed at his capital gains rate of either
10% or 20% determined by the amount of total net taxable income
showing on his own income tax return (under or over $44,000).
Under
"today's" laws, you and your wife can jointly gift to
any donee as much as $20,000 of asset VALUE each year without a
gift tax liability. Any value of gifted assets above $20,000 would
be subject to gift taxes. The $20,000 annual limit would include
any transfer of ANY asset for less than value, including the gifting
of publicly held stock at market value.
Perhaps
you, your wife and I should meet to discuss this further. A formal
gift tax plan for your family may be the correct method to permit
the lowest possible income tax liability for the family as a whole.
I know you and your wife could use some formal estate tax planning,
which may give you another opportunity to reduce income and estate
tax burdens for your family as a whole. We could meet at your home
or at my office. Please call to arrange a mutually convenient time
to meet.
This is all a part of effective tax planning.
|