transfer tax and capital gain tax, gift tax.

來源: 檸檬椰子汁 2022-04-28 06:57:19 [] [博客] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (1442 bytes)

1.  Taxes

Transfer tax is collected by county/state when real estate is changing hand. 

Capital gain is collected by federal government when you sell something to another. 

Gift tax is collected by federal governement when you gift something to someone else without money changing hand. 

2. When you transfer your house to LLC owned by the same owners of the house.  (A / B owns the house, and A / B owns the 100% of LLC.  )

No transfer tax, no capital gain, no gift tax. 

3.  When you transfer house owned by you to LLC owned by you and your spouse 

Usually no transfer tax from county.  No capitail gain, no gift tax (if your spouse is US citizen),  has some gift tax implication if your spouse is only green card.  Basically there is unlimited gift allowance for citizen spouses, but no such allowance for spouses where one party is a non-citizen. 

4.  When you transfer house to LLC controled by at least one different owner.  (e.g. you / wife => LLC by you/wife/children)

Depend on the state, sometimes no transfer tax between direct family members.  But sometimes (e.g. NY) there is transfer tax even between parent/children.

No capital gain, definitely gift tax implication. 

 

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