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Tax Implications of Life Estate Transactions Following our recent seminar we got a general question about the income tax implications of entering into a life estate transaction in which a person gifts the remainder interest in his personal residence and retain a life estate.
INTEREST, estates. The right which a man has in a chattel real, and more particularly in a future term. It is a word of less efficacy and extent than estates, though, in legal understanding, an interest extends to estates, rights and titles which a man has in or out of lands, so that by a grant of his whole interest in land, a reversion as well as the fee simple shall pass. Co. Litt. 345.
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The minority interest discounts often found in the real estate context may endanger charitable deductions. interest in the family business, valued at $10 million, and the owner’s will bequeaths 25 percent of the stock to a local community foundation (CF) and 75 percent to the owner’s children.
The life estate was recorded over five years ago (this is a good fact because an ordinary life estate would result in a gift-penalty subject to the Medicaid five-year look back period). Similar to above, let’s assume the life tenant is 85 years old. What are the income tax consequences on sale of real property subject to a life estate?
The term U.S. Real Property interest means an interest in real property (including an interest in a mine, well, or other natural deposit) located in the United States or the U.S. Virgin Islands, as well as certain personal property that is associated with the use of real property (such as farming machinery).