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?

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1 Lawyer Answer
James L. Arrasmith
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  • 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.

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