Legal Question in Real Estate Law in New York
Capital Gains
2 single persons own a residential property - paid for. It is going to be sold. One person's income is considerably more than the other. For capital gains or income tax reasons, would it benefit them to place the property only in the name of the person who has the lesser income before it is sold?
Thank you.
1 Answer from Attorneys
Re: Capital Gains
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You would halve the capital gains exemption available if there are two owners.
This assumes you have used the premises as your principal resident for the required period of time.
Consult an accountant.