After I transfer a real estate property to another person via quit claim deed, do I own any tax on the transfer/property?

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STATE: California Property: House Action: transfer title and ownership Concern: Tax

Attorney Answers

6
Janet Spiro MartinFranchise LawyerMission Viejo, CA ·
You can not transfer title in Orange County without filling a preliminary change of ownership form and indicating value for the property and paying the transfer tax as the first attorney indicated. You can only be exempt from the transfer tax if you meet one of the exceptions indicated in the form, and this will keep the value from being re-assessed for property taxes. If you do not record a Preliminary Change of ownership form with an exemption, the assessors office will re-assess the property, and one or both of you will get a transfer tax bill, and your friend will have a property tax bill in the higher assessed amount. Additionally, the transfer must be documented on YOUR tax return and YOU may owe income taxes based on the gain (if the re-assessed value is more than what you purchased it for). If you are transferring title to avoid creditors you can be sued for fraudulent transfer and the transfer can be unwound. Your friend needs to purchase it from you, pay the appropriate transfer tax, or meet an exemption, and the price can be what you paid so you will have no gain for income tax purposes.
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Michael Millar ·
I am not a CA attorney, laws vary from state to state, therefore you should always consult a local attorney. There is not information here to give a complete answer. CA imposes a realty transfer tax - as do certain counties and municipalities. However, there are also exemptions to the tax. So, it would depend on whether the transfer fits within one of the enumerated exemptions.
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Marty Davidoff ·
You have indicated that this is not a sale. So, there is no gain or loss on the sale. So, may we assume this is a gift? If so, there may be federal gift tax filings required (form 709). And, although it is unlikely you will owe any gift tax, your lifetime exclusion will be reduced by the value of the gift. If this is neither a sale nor a gift, the only possibility I see is that the property is underwater and you are trying to get relief from the debt. If that is the case, you may have income from the cancellation of indebtedness. Bottom Line: Your question is a bit over-simplified and lacks critical facts. You should seek the advice of a tax specialist, whether an attorney or a CPA. Good luck.
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Demosthenis ZepposBusiness AttorneyIrvine, CA ·
There are two real estate state/county taxes to consider (and for Orange County - applicable). If this transfer is for consideration (sale- you are receiving cash or other amounts to transfer it), then the tax is based upon a transfer tax at $1.10/ per $1000 of consideration received by Seller (Transferor for money). If there is no consideration, then I don't believe any tax is owned/ The other issue is if it is a gift, and the beneficiary is not an exempt class (i.e. -parent-child transfer exemption - which is applicable in some situations), then it may be reassessed to current fair market value. So, you need to consider these two issues, depending upon whether the transfer is a sale or a gift.
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Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
I do not understand your question. I do not understand how the transfer of ownership is not either a gift or a sale. IMO, it must be one or the other. The attempt to characterize the transaction as neither raises suspicion as well as the reason for it which may give rise to liability other than for taxes. Your question reads more like a homework assignment than a real life situation.
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Brian Leigh DeWittReal Estate AttorneyNapa, CA ·
If it is not a sale for consideration, then it is a gift and subject to gift tax. You probably did not have this in mind, but there is also 'documentary transfer tax', which is collected at the time the deed is recorded and based on n the value paid for the property. Bona fide gifts are exempt from documentary transfer tax. This is in the California R&TC.
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