Legal Question in Tax Law in Illinois

Ilinois Gift Law and Tax

If my mother wanted to give me a house, making me sole owner, what is maximum amount she can be give as a gift without being penalized by taxes? What is the best way to give away a property without being penalized by taxes.


Asked on 5/16/07, 10:54 am

1 Answer from Attorneys

Re: Ilinois Gift Law and Tax

A person can gift up to $12,000 each year without having to report the gift on a gift tax return.

If your mother AND father make a joint gift, the gift amount can be $24,000.

With that said, since a house is valued at much more than $24,000, a gift tax return will need to be filed. However, there is no tax due until the lifetime gift amount (of the donor - the person giving the gift) has reached $1,000,000.

You should discuss your question regarding the best way to transfer a property interest with an estate planning attorney since there are other factors that need to be considered before giving you an answer.

Good luck to you.

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Answered on 5/16/07, 12:43 pm


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