Did you transfer your home or property to your children? Even if they weren’t technically gifted, did you “sell” them for a dollar? If you failed to file a gift tax return, there may be an unwelcome IRS letter arriving in your mailbox soon. The IRS is currently scrutinizing real estate transfers in 15 states – yes, New Jersey and rest of tri-state area included – with additional states likely to be added. It has found that 60-90% of gratuitous non-spousal real estate transfers were not reported on gift tax returns. Perhaps you are thinking “OK, so I’ll be more careful about this in the future but unless the IRS audits me I’m fine”-think again! If you make future taxable gifts requiring the filing of gift tax returns, those returns must disclose your prior gifts. If you do not include a gift from a prior year, the future return is false. [Read more…] about Forgot to File a Gift Tax Return? IRS Letter May Be On Its Way
Estate Taxes
NJ Court Clarifies Contingent Interest for Estate Asset Valuation
NJ Inheritance Tax is computed on the clear market value of property transferred, valued at the date of death. In the Estate of Claire Schinestuhl,the NJ Division of Taxation determined that the shares of a publicly traded company inherited by the decedent, Claire, from her brother, Prescott Schinestuhl must be separately valued as of the date of Claire’s death and not about two years later when the sale proceeds of the shares were distributed by her brother’s estate. [Read more…] about NJ Court Clarifies Contingent Interest for Estate Asset Valuation
Estate Deduction for Caretaker Expense Disallowed by IRS
Estate of Emilia W. Olivo
In a recent estate case, the US Tax Court held that an unrecorded caretaker expense was not deductable from the estate. Mr. Olivia had taken care of Emilia Olivo, his elderly mother, who had numerous health issues and required assistance in the performance of daily tasks for about ten years until her death in April, 2003. Mr. Oliver subsequently became the estate administrator and claimed a deduction of $1,240,000 as a debt that the estate owed him for the care he provided. According to his testimony, his mother agreed to pay him $400 per day with payment deferred until after her death. Mr. Oliver failed, however, to record the agreement in writing, and the deduction was therefore disallowed by the Court. [Read more…] about Estate Deduction for Caretaker Expense Disallowed by IRS