Transfer by Combined Sale and Gift
Thursday, June 18th, 2009Sale and gift can sometimes be effectively combined. In fact, if property is sold at a low price, the difference between the market price and the selling price is considered a gift. If the gift is large enough, federal gift taxes will be due.
Reduced purchase price, low interest rates, and easy terms could be considered in the nature of a gift. In some cases, these are designed to offset the child’s contribution to the farm business. Lower than market interest rates may result in unfavorable income tax results. The differences between the rate used and I.R.S. rates may be treated as income to the buyer with no deduction to the seller.
If a combination of sale and gift is used, the agreement should be carefully worded in writing. This may prevent misunderstandings between the farming child and the other children.