Can I sell my house to my son below market value?

Yes, you can sell your house to your son below market value, but the IRS treats the price difference as a gift, triggering potential gift tax reporting (Form 709) if it exceeds the annual exclusion ($19,000 per recipient in 2025), though actual tax is rare due to the high lifetime exemption. Key steps include getting a formal appraisal to establish Fair Market Value (FMV) and consulting an attorney or tax professional to navigate gift tax rules, property tax reassessments, and potential capital gains/basis issues, as the transaction must be documented carefully.

What are the IRS rules for selling property to family members?

When selling property to family, the IRS treats sales below Fair Market Value (FMV) as a taxable gift, requiring you to file Form 709 if the "gift" (FMV minus sale price) exceeds the annual exclusion (around $19,000 in 2025). You can't claim losses on these sales, but capital gains tax may apply on profits if sold above your basis. Proper documentation, like an independent appraisal, is crucial to establish FMV and avoid IRS issues, especially for potential property tax reassessment exclusions in states like California. 

Can my parents sell their house to me for cheap?

If your parents sell you their home for less than it's worth, the IRS treats that discount as a gift known as a “gift of equity.” As the gift recipient, you don't have to pay taxes on that money but your parents may have to file a gift tax form.

Can you sell a house to family for less than market value?

You can — but the IRS will likely treat the difference between the home's fair market value and the actual sale price as a gift. For example, if your home is worth $300,000 and you sell it to your son for $200,000, that $100,000 “discount” is considered a gift.

Can you sell your house to a relative for $1?

Can you sell a house to a family member for $1? Yes, you can sell a house to a family member for $1. This transaction is considered a gift of the remainder of the home's market value after the $1 sale price.

Video Podcast: Can I Sell My House To My Child Below Fair Market Value? / Gift Of Equity

Can my parents just give me their house?

Yes, parents can give their house to you, but it involves legal steps like transferring the deed and has significant tax implications (gift tax, capital gains tax, property tax reassessment) for both parties, so consulting an estate planning/real estate attorney and CPA is crucial to avoid major financial pitfalls and ensure it's done in the most advantageous way, potentially using trusts or specific clauses, especially concerning future sale and Medicaid eligibility.
 

How can I sell my house to my son?

5 ways to transfer ownership of property from parents to child

1. Outright gift or bequest.
2. Intrafamily loan.
3. Bargain sale.
4. Qualified personal residence trust.
5. Remainder purchase marital trust.
6. Understanding your options.

What is the 3 3 3 rule in real estate?

Three months of savings, three months of mortgage reserves, and three property comparisons give you confidence and flexibility. When you follow the 3-3-3 rule, you're not just buying land, you're building a plan that could protect your investment, your lifestyle, and your financial health.

What is the 2 year 5 year rule?

If you have owned the home for at least two years and lived in it for at least two out of the five years before the sale, you may be eligible for certain tax benefits. This is the “2 out of 5-year rule.” The “2 out of 5-year rule” is a term commonly associated with Section 121 of the Internal Revenue Code.

What is the best way to sell a house to a family member?

You can choose from two main methods to price a home sale to a family member: make a gift of equity or sell the home at fair market value. If both parties aren't careful, a gift of equity can result in significant gift tax implications.

Can I sell my house to a family member without a realtor?

Selling your home to a family member is one of the few real estate transactions where hiring an agent may not be worth it. If everyone is in agreement about the price and condition of the home, then paying an agent's commission doesn't make much sense.

Is it better to inherit a house or buy for $1?

Inheriting a home provides a “step-up” in cost basis for capital gains tax purposes, meaning you're taxed only on appreciation after the date of inheritance. By contrast, buying a house for $1 means your cost basis is the original owner's purchase price — potentially leading to higher taxes if you sell in the future.

What is the hardest month to sell a house?

The hardest months to sell a house are typically January, December, and October, due to cold weather, holiday distractions, post-holiday financial fatigue, and people waiting for spring for school schedules. January often sees the lowest activity, longest time on market, and lower prices, making winter the slowest season overall. 

How to avoid capital gains tax when selling parents' house?

Here are five ways to avoid paying capital gains tax on inherited property.

1. Sell the inherited property quickly. ...
2. Make the inherited property your primary residence. ...
3. Rent the inherited property. ...
4. Disclaim the inherited property. ...
5. Deduct selling expenses from capital gains.

What is the 6 year rule?

If you use your former home to produce income (for example, you rent it out or make it available for rent), you can choose to treat it as your main residence for up to 6 years after you stop living in it. This is sometimes called the '6-year rule'. You can choose when to stop the period covered by your choice.

How much capital gains will I pay on $250,000?

Capital gains tax in Canada for individuals will realize 50% of the value of any capital gains as taxable income for amounts up to $250,000. Any amount above $250,000 will realize capital gains of ⅔ or 66.67% as taxable income.

Is there a loophole around capital gains tax?

In simple terms: you can sell or restructure business assets without paying CGT immediately. The tax is postponed until you eventually sell the new asset or another “CGT event” happens, like stopping business use.

How to get 0% long-term capital gains?

Capital gains tax rates

A capital gains rate of 0% applies if your taxable income is less than or equal to: $47,025 for single and married filing separately; $94,050 for married filing jointly and qualifying surviving spouse; and. $63,000 for head of household.

What is the 7-year rule for taxes?

If no return was filed, the period to file a claim is 2 years from the date the tax was paid. 7 years - For filing a claim for credit or refund due to an overpayment resulting from a bad debt deduction or a loss from worthless securities, the time to make the claim is 7 years from the date the return was due.

How much income do you need to make to afford a $400,000 house?

To comfortably afford a 400k mortgage, you'll likely need an annual income between $100,000 to $125,000, depending on your specific financial situation and the terms of your mortgage. For most buyers, purchasing a $400,000 home is one of the largest financial commitments they will make.

What is the lowest commission a realtor will take?

Traditional agents usually earn somewhere between 2.5 or 3 percent of a home's sale price, meaning the more the home sells for, the more they earn. Low-commission Realtor fees, on the other hand, can be as low as 1 or 1.5 percent.

What is the 50% rule in real estate?

The 50% rule or 50 rule in real estate says that half of the gross income generated by a rental property should be allocated to operating expenses when determining profitability. The rule is designed to help investors avoid the mistake of underestimating expenses and overestimating profits.

What is the best way to transfer my property to my son?

Transferring property via inheritance using a life assurance policy. A Section 72 life insurance plan is a policy to cover the inheritance tax bills of the beneficiaries of your estate. Therefore, it allows those beneficiaries to inherit assets without then having to find the money to pay a significant tax liability.

What is the best way for my parents to give me their house?

Here are four potential options you may want to consider:

1. Leave the House in Your Will. The simplest way to give your house to your children is to leave it to them in your will. ...
2. Gift the House. ...
3. Sell Your Home. ...
4. Put the House in a Trust.

How much below market value can you sell a house?

Keys to Selling Below Market Value

Selling a house for $1 is legal but it can trigger significant tax implications. The difference between the fair market value and sale price is treated as a gift by the IRS. Selling below market value requires filing IRS Form 709 if the gift exceeds $19,000 in 2025.