Spousal Gift and subsequent sale

Technical topics regarding tax preparation.
#1
Taxctfl  
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Struggling with how to word this properly. Goal: transfer property deed between spouses. Recipient will sell the property immediately and then would have a gain to claim. Are there any rules or regulations applicable to this transfer that would prevent the recipient from being able to report this transaction solely? I am being asked if it matters whether they transfer deed right now or if they wait and transfer it while all the closing paperwork is being done 1-6 months from now and I cannot think of a reason why it would matter whether they do it now or later. Gift recipient will take donor's basis and holding period. Is there anything I am missing?
 

#2
Nilodop  
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Is there a reason owner-spouse can't just sell the property and transfer the proceeds?
 

#3
Taxctfl  
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The goal is for the recipient spouse to claim gain and use a loss carryover.
 

#4
Nilodop  
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Separate returns?
 

#5
Taxctfl  
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Yes, joint would be least tax but they don't want that so separate it will be.
 

#6
Taxctfl  
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Bump
 

#7
Nilodop  
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Dunno.
Step transaction/ economic substance doctrine maybe, because even though 7701(o) contains this
(5) Definitions and special rules
For purposes of this subsection—
(A) Economic substance doctrine
The term “economic substance doctrine” means the common law doctrine under which tax benefits under subtitle A with respect to a transaction are not allowable if the transaction does not have economic substance or lacks a business purpose.

(B) Exception for personal transactions of individuals
In the case of an individual, paragraph (1) shall apply only to transactions entered into in connection with a trade or business or an activity engaged in for the production of income.
,
it also contains this
(C) Determination of application of doctrine not affected
The determination of whether the economic substance doctrine is relevant to a transaction shall be made in the same manner as if this subsection had never been enacted.


Does that mean the the exception for an individual's personal transaction can still apply? I think not, but ...
 

#8
Dennis2  
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concepts like step transactions and economic substance have no application to gifting.

with a gift the transaction is over with the transfer. a gift cannot be conditional. there can be no obligation for a subsequent action. It can be completely understood by all parties that such and such is going to happen after the transfer. such and such can happen 100% of the time.

But It doesn't have to. donee can do whatever they like after transfer.
 

#9
Nilodop  
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Yet another free lesson.
 


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