Pawan best blogs: Sep 18, 2010

In California, the tax basis of property can not be increased by 2% per year unless a change of ownership is acknowledged. This bodes well for the owners 'children': Parents can spend on a house to their children, without recognizing any change of ownership. The effects can be significant. For example, the bill says father bought his house in California in 1979 for $ 300,000. Annual property taxes are set at 1% of the appraised value, which can only increase 2% per year. Thus, propertytaxes, which had more than $ 3,000 per year in 1979 would be $ 5,434 per year in 2009, assuming that the maximum increase of 2% based on fine. Today, the house is worth 1.2 million dollars.

If a change of ownership have been approved, the new owners would begin with $ 12,000 in annual property taxes! However, if Bill sells home mother to her child, or leaving home for the son of a will or trust, any transfer of ownership was recognized, and the child would save thousands each yearinherit their parents good property tax base. Well parents often lose meaning if a reassessment inadvertently. In this paper, we explore three ways that the exception of the revaluation can be lost, and what to do about it.

First error: The Redemption

Parent Bill decides to write his will, giving his assets to his two sons, Timmy and Tammy, too. At his death (his father Bill was a widower), or, or Tammy, 50% Timmy will be homereassessed. However, Timmy wants to buy "shares" Tammy's house. Bill father wanted everything to be equal, that two brothers can share a house? Unfortunately, because no brother to brother, but there is appreciation, 50% Timmy will be reassessed at its current value. That would leave Timmy with a $ 11,434 bill for property taxes, rather than the $ 5,434 bill.

There are a number of ways Bill parent can prevent them from making this mistake. First,can give the house to his son who most need. The problem with this approach is the final distribution of assets should not be equal. It may not even know who would need the house at the time of his death. Secondly, you can create a revocable living trust, the trustee discretion to make non pro rata all assets of the trust. This allows the trustee to give the house to a child and the remaining assets to another until the end values are equal. Problemwith this approach is that not enough activities we can trust to equalize the distribution. Consequently, the trustee may be given the option of home loans. The house goes to Timmy, the retention of full exemption. The loan goes to Tammy, the equalization of the transactions. At the end of the day, Timmy keeps property taxes low by base enjoyed by Bill and Tammy father inherited the estate of equal value.

Second mistake: my friend for hislife

Parent Bill's wife died years. His close friend Renee was his trusted companion during the last years of his life, and the bill is the main financial support of Renee. Renee is advanced in age, and the bill does not know that first. The bill seeks to ensure that after his death, Renee will be well planned, if he is still alive. He wrote his will, giving the right to live at home until his death, after which ReneeAssembly Timmy and Tammy. Bill father does not know too much about property rights, but has heard from Tammy, a law student, an area that life is not equal to the fee ever "simple." Therefore, the bill faces the parental home will not be reviewed by Renee will never truly "own" the house outright.

When Bill dies mother, Renee is still alive. The house will be revalued, because Renee is deemed to have received interest "present" inproperty, and no exception exists for transfers to close friends. While Renee is not the owner of the house in "fee simple absolute, which have no immediate right to possession. According to California law, simply a change in ownership and new property tax base will be 1.2 million. When Renee died, the children will face complete property tax bill.

Unfortunately, it is difficult to give rights to all home without Reneelose except the revaluation. The law may include Renee, however, to put aside other activities that the house of his trust and appreciation of the trustee to pay income Renee for her life with the main passage for ITS child death. This solution has achieved the objective of the bill of financial support, without sacrificing except revaluation father-son.

Third error: Downloads grandchildren

Tammy graduated from the Faculty of Law,pursued a successful career, and now has a son of hers, Tasha. Bill Parent Tasha wants to have the house because her two children now have homes and Tasha need. However, Bill Parent realizes that he would lose except revaluation father-son. Consequently, he wrote his trust, provided that Tammy has the right to buy the house, after which it must sell the house immediately Tasha. The same bill Parent pat on the back: in this way,seems to have the advantage of exceptions parent-child pairs. He believes that the transfer will preserve the low property tax base.

Unbeknownst to him, a rule called the "step transaction doctrine" is a series of operations treat as a transaction if the objective was to avoid taxation. Because the trust of parents Requires Tammy bill explicitly transferred to Tasha's house, intending to avoid a re-assessment is clear. Parent Bill should not requireTammy Tasha sell the house. Unfortunately, there is no clear law on how much time elapses before Tammy could then sell the house Tasha while retaining their parent-child exception. Bill Parent, and later a trustee should consult a lawyer to ensure that the sale could lead to unknowingly step transaction doctrine.

Conclusion

Proposition 13 has allowed owners to transfer ownership to children with a base of property taxes low.However, several common mistakes frustrate except parent-child. It's always a good idea to consult a lawyer during the preparation of a will or trust, or the manipulation of a deceased. A little good advice can save your heirs thousands of property tax.

This article is intended to provide general information on estate planning strategies and should not be relied on as a substitute for legal advice from a qualified lawyer. Treasury regulations requireDisclaimer regarding tax matters section, is intended to be used and can not be used by a taxpayer to avoid penalties that may be imposed by law.

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Saturday, September 18, 2010

Three ways to save your heirs thousands of property tax

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