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Apartment or cash gifting

Started by nitwit
over 16 years ago
Posts: 1
Member since: Aug 2009
Discussion about
Can someone please explain to me how apartment gifting works. If my grandfather who lives abroad, and is not a US Citizen, wants to buy an apartment for me what are the tax implications? I was thinking either he buys the apartment in my name, or he gifts me the cash (about $1,000,000) what would be better?? Thanks!!
Response by steveF
over 16 years ago
Posts: 2319
Member since: Mar 2008

grandpa gives me a million, ya just gotta shake your head at it all....as Buffet says somemone just wins the ovarian lottery.

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Response by Mahalia
over 16 years ago
Posts: 30
Member since: Aug 2009

It would be better if you asked an attorney familiar with the laws in his country and in the US.
It might be best to create a family trust funded by him, which would in turn hold the title of the apartment.

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Response by mrmet
over 16 years ago
Posts: 35
Member since: Nov 2008

If he lives abroad it shouldnt be an issue since the Gift tax is related to the US estate tax. The only tax implications are on the gift giver not receiver. And if he is not a US resident he is not subject to the US rules. So short answer no tax implications. Think about it Receiveing 1 mil in a bank account would create a red flag possibly id have him buy the place for you since you have disclosure requirements for such a large bank account balance.

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Response by mrmet
over 16 years ago
Posts: 35
Member since: Nov 2008

Buck up for an accountant or lawyer if you want more assurance than that.

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Response by nyc_sport
over 16 years ago
Posts: 809
Member since: Jan 2009

Consult your tax advisor, because this is way too complicated to guess at. Where does he pay taxes? Where do you pay taxes? Where would he owe estate taxes upon death? What is the rest of his estate look like? And so on.

However, it is highly unlikely that it makes sense for him to buy the apartment and then gift it, as there may be two taxable transactions or at least fee generating transactions and there could be issues with your coop or condo. I suspect one option your tax advisor might consider is for gramps to "loan" you the money, and gift you the mortgage interest annually.

A shorter solution would be to ask gramps if he needs another grandkid to throw some coin at.

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Response by kylewest
over 16 years ago
Posts: 4455
Member since: Aug 2007

Sorry, steveF, but some people have more money. If they didn't steal it there isn't any reason to get nasty about it.

Advice to get counsel of a tax attorney with experience in international tax law is correct. You don't solicit opinions from the internet on a question of this weight. I also strongly suggest you find yourself a trusted INDEPENDENT certified financial planner (not one affiliated with a brokerage or bank). You can't be making decisions like this without considering long-term implications and financial planning. Good luck.

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