Many people wonder if it is a good idea to give their home to their children. While it is possible to do this, giving away a house can have major tax consequences, among other results. When you give anyone property valued at more than $13,000 in any one year, you have to file a gift tax form. Also, under current law you can gift a total of $5 million over your lifetime without incurring a gift tax. If your residence is worth less than $5 million, you likely won't have to pay any gift taxes, but you will still have…
Your mother has tithed (gifted) to her religious organization in the amount of $50 per week for years. Additionally, she has given her 10 grandchildren $20 every Christmas and on each of their birthdays. Thus, she has made charitable and small family gifts totaling $15,000 throughout the course of the last five years. Your mother has savings of less than $2,000 and now requires nursing home care. Therefore, your mother will qualify for Medicaid benefits to help pay for her care. However, she will not qualify for benefits because all gifts, even small ones, even charitable gifts, made within the…
In 2009, your father was 80 years old and in reasonably good health. He gave $20,400 to his grandson to pay for college in 2009. However, last month he has a stroke. As a result of the stroke, he is totally incapacitated and in need of nursing home care. However, he is not yet in a nursing home, but his total assets are $2,000. During this month, you inquire about his placement at a nursing home. The nursing home questions you about your father’s finances and any past transfers, and you report the $20,400 gift made for his grandson’s education….
We frequently hear from individuals who have gifted $12,000 each to their children and grandchildren, over the past few years. However, this gifting is a myth. In fact, the $12,000 figure is now $13,000. But this is an IRS rule regarding filing a gift tax return. This has nothing to do with Medicaid law. If you make a gift, within five (5) years of qualification of Medicaid, you will penalized. For example. If you gift to your family $68,000, within the five (5) year period, you will be penalized for TEN (10) months, before you receive Medicaid. Therefore, who will…
A veteran and an adult (non-helpless) child who lives in the same household are joint owners of a $10,000 CD and were joint owners before the date that the veteran became entitled to pension. Each owner has an undivided one-half interest in the CD. The value of the CD is $5,000 for net worth purposes and only one-half of the interest earned is counted as income in determining the veteran’s IVAP.
A veteran has a $10,000 CD. The veteran adds an adult (non-helpless) child who lives in the same household as joint owner of the CD. The legal effect of this transaction is to give each joint owner an undivided one-half interest in the CD. The value of the CD is still $10,000 for net worth purposes and all of the interest earned by the CD is counted as income in determining the veteran’s IVAP. Note: This is the case regardless of who reports the income from the CD for IRS purposes.
If the veteran transfers a partial interest in property to a person who is outside the veteran’s household, the veteran’s net worth and income is reduced in proportion to the percentage of the asset transferred. A veteran has a $10,000 certificate of deposit (CD). The veteran adds a nephew who does not live in the veteran’s household as joint owner. The legal effect of this transaction is to give each joint owner an undivided one-half interest in the CD. The value of the CD is reduced to $5,000 for net worth purposes.
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