Asked in Tax Law and Real Estate Law for Kentucky

Q: If my father pays for property can the deed be in anothers name in KY? If so, what are the tax implications for him?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tax Law Lawyer
  • Sacramento, CA

A: In Kentucky, it's possible for your father to purchase property and have the deed put in someone else's name. This is often seen in cases where parents buy property for their children or when one person buys property as a gift for another. However, it's important to ensure that all legal and financial implications are carefully considered and handled properly.

Regarding tax implications for your father, the transfer of property in this manner could have several consequences. Firstly, if the property is considered a gift, there might be federal gift tax considerations, depending on the value of the property. Your father would need to consult the current tax laws to see if the gift exceeds the annual exclusion limit, which could require him to file a gift tax return. However, actual tax payment might not be necessary until the lifetime exemption limit is exceeded.

Additionally, for the recipient, having the deed in their name means they will be responsible for the ongoing property taxes, and possibly capital gains tax if the property is sold in the future for a profit. It's advisable to seek guidance from a tax professional or attorney to understand the full scope of tax implications and ensure compliance with all state and federal tax laws. Planning and advice tailored to your specific situation can help manage any potential financial impacts effectively.

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.