Find Legal Topics > Real Estate Laws > Obtaining Property as a Gift

Obtaining Property as a Gift

Obtaining Property as a Gift Ownership to real property can be acquired through a gift. In order to do so, proper execution and a delivery of a deed to the property is required. Once the transaction is finalized, the gift is irrevocable. However, the promise to give a gift is revocable in most cases. Exceptions to the revocation of a promised gift usually depend on the scenario. 

For example, if Pavel promised Alexander a gift and decided to revoke last minute, it is okay so long as Alexander did not take any actions based on the promise of the gift itself. On the other hand, the revocation will not be upheld if Pavel promised Alexander the gift of real property and Alexander began purchasing appliances or insurance on the property prior to the conveyance.

In this case, Pavel may either give the gift, or pay the damages Alexander incurred due to the anticipation of the gift itself. With the given scenario, the injured party recovers costs based on detrimental reliance, which means the anticipation or reliance on the promise of the gift.

According to gift tax rules, gifts one receives are not considered income, regardless of the amount of the gift. Gifts do not need to be reported on your income tax in any way under any circumstance of IRS Gift tax. Deciphering between whether something is a gift or not, is an issue of its own. 

This rule applies strictly to real gifts. Meaning, if an individual gifted you real property either during his lifetime, or after through his will, it does not need to be reported. On the contrary, if a gift was given in return of a service provided by the recipient of the "gift;" that is not referred to as a gift under gift tax rules. If I was given a 4 family home as a gift from my uncle, and three of the sections are for rent, the gift is now bringing me income. Any income acquired through gifts must be reported.

There are no tax deductions on gifts even thought they are tax free. However, gifts given to qualified charities are tax deductible. According to IRS gift tax rules, the recipient of a gift does not need to report it under income tax, and is not charged the gift tax. The donor is responsible for the gift tax.

Any gift provided over the annual exclusion is taxed under gifts; underneath the exclusion amount, the gift is tax free. Giving and receiving gifts from your spouse are never taxed. If you give more than the annual exclusion amount to one person in a taxable year you will be required to file a gift tax return. .

Related Topics