Good accountant spec. in NYC co-op sales?
Started by FutureFormerNYer
almost 13 years ago
Posts: 3
Member since: Apr 2013
Discussion about
I, along with my parents own a Manhattan co-op. This was my bachelorette apartment and when we first bought it, I was fresh out of college. Therefore, I own 1/3 and my parents own 2/3. (Their names are both on the stock certificate). My parents live out of state and always have. The understanding is that when I sell the apartment (I am now married and going to be starting a family), all proceeds... [more]
I, along with my parents own a Manhattan co-op. This was my bachelorette apartment and when we first bought it, I was fresh out of college. Therefore, I own 1/3 and my parents own 2/3. (Their names are both on the stock certificate). My parents live out of state and always have. The understanding is that when I sell the apartment (I am now married and going to be starting a family), all proceeds would go to me. It was an all cash deal. This presents two problems: 1) Do my parents have to pay 8% of their portion of the gain (at 2/3 of what amount - net gain? gross?) and how and by when do they pay this? 2) If my parents get a huge check, or have their portion of the proceeds of the sale direct deposited into some account of theirs, how will they transfer the money to me? I am not knowledgeable in trusts and estates (is this even the right area of law), nor do I understand gift taxation? Would they (and I) somehow be penalized by the government, taxed, etc? Thanks so much for your input!!! [less]
Anyone want to chime in on this one?
It's not a difficult question, but details are important. Depends on how things were set up in the first place, whether for tax purposes you received a gift then, now or both. You need a tax advisor.
I think you're asking for an accountant referral, is that right?
I don't have one for you, unfortunately, but as an informed-enough-to-be-dangerous guess, the cost basis and gains ought to divide equally per owner's share (equally among three owners), so if you paid $300,000 total for the unit, and sell it for $450,000, each person reports a $50,000 capital gain. The complication really starts when you consider who can write off that gain as part of the sale of their primary residence, which would be probably be true for you (here's where the accountant starts to earn her fee) but definitely not for your parents.
For the transfer -- After the sale, if your parents then gift you an amount equal to their gains, think of that as a separate gift transaction; your parents would file a gift tax return (attached to their annual 1040, I think) to put it under their lifetime exemption (combined gift & estate) for gifts to you.