Gifting to Your Kids While You’re Alive: Smart Planning or Costly Mistake?

Why Do Parents Choose To Gift Assets To Their Children During Their Lifetime?

Parents often choose to gift assets to their children for tax reasons, aiming to reduce potential estate taxes in the future. However, for most people, estate tax is not a significant issue due to high exemption limits. Beyond tax considerations, parents may also gift assets to support their children financially, such as helping with a home purchase. The type of assets gifted can impact the taxes children may face later.

What Are The Most Common Types Of Lifetime Gifts Parents Give To Their Children?

Common lifetime gifts include cash for down payments on homes, real estate, or other financial support. Cash gifts are straightforward and generally don’t have significant tax consequences unless they exceed annual limits. However, when parents give substantial assets, like property, they might consider structuring it as a loan to protect against potential marital property disputes if their child is married.

What Is The Annual Gift Tax Exclusion, And How Does It Work?

The annual gift tax exclusion allows individuals to give up to a certain amount—currently $19,000 per person per year—without needing to report it to the IRS. Amounts above this require a gift tax return, though it rarely results in actual taxes due unless the lifetime gift and estate tax exemption is exceeded. This lifetime exemption is currently around $15 million per individual, making actual gift tax liability rare for most people.

Are There Common Misunderstandings About The Annual Gift Tax Exclusion?

A common misunderstanding is the belief that recipients must pay taxes on gifts. In reality, the tax responsibility falls on the donor, and only if their lifetime exemption is exceeded. Most people will not face gift tax issues because they are unlikely to reach the exemption threshold.

How Does Gifting Appreciated Assets Affect Taxes For The Recipient?

Gifting appreciated assets, like stocks or real estate, during a parent’s lifetime can lead to adverse tax consequences for the recipient. The recipient inherits the original purchase price as their cost basis, potentially leading to significant capital gains taxes if they sell the asset. In contrast, inheriting these assets after the donor’s death allows the recipient to benefit from a stepped-up basis, minimizing capital gains taxes.

What Should Families Consider About Property Taxes Before Transferring Real Estate To A Child?

Transferring real estate can lead to reassessment of property taxes, potentially increasing them significantly. For example, California’s Prop 19 limits exemptions, meaning only primary residences transferred as such to children may avoid reassessment. Gifting real property during a parent’s lifetime can inadvertently trigger a reassessment to current market values, resulting in higher taxes.

How Can Lifetime Gifting Unintentionally Create Unequal Treatment Among Children?

Gifting assets to one child can unintentionally lead to unequal inheritance if not accounted for in estate planning. If a parent adds a child as a joint tenant on a property, that child could inherit the entire property, bypassing any will or trust provisions meant to distribute assets equally among siblings. Proper planning is essential to ensure equitable treatment.

What Factors Should Be Evaluated Before Making A Significant Gift To Ensure Alignment With An Estate Plan?

Before making a significant gift, consult with financial advisors, CPAs, and estate planning attorneys to assess the impact on property and income taxes, and ensure the gift aligns with your overall estate plan. Consider potential reassessment of property taxes, loss of step-up in basis for income taxes, and how the gift might affect equal distribution among heirs. Proper coordination can prevent unintended financial consequences.

Brian Chew, the managing partner of OC Wills & Trust Attorneys, has extensive experience in the areas of estate planning, asset protection planning, business succession planning, and long-term care planning. By devoting his practice to estate planning matters, he has founded a firm that strives to provide exceptional service to its clients by working closely with individuals and their families to create comprehensive and customized estate plans. For the past twenty-five years, Brian has served thousands of clients in the matters of estate planning, wills, and trusts. If you have any questions about this article, you can reach Brian Chew here.