Naples, FL asked in Real Estate Law for Florida

Q: If my husband, son (29 yrs old) and I bought a house 15 months ago in Bonita Springs. All three names are on the title

because we paid cash and our son contributed to the purchase. We did it this way because he couldn't qualify for a mortgage because he wasn't working. We have decided to sell the condo and have him move back home until he gets medical treatment for severe anxiety. If we sell and realize a $50,000 capital gain, who pays the capital gains tax? He has been unemployed the entire time. We contributed 85% of the sales price, while he contributed 15%. Thanks!

Related Topics:
1 Lawyer Answer
Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Naples, FL
  • Licensed in Florida

A: It is a question for an accountant how to allocate your income from this house.

There may be ways to allocate the entire profit to your son who may have a lower income tax burden than you.

Or not claim it as income at all within the first two years of sale because you should be able to roll over that amount into another home within two years without paying tax on the gain (that's if at least one of you treated the home as primary residence).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.