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Determining Basis of Gifted Assets: Passive Loss Carryovers, Spousal Transfers, Gifts of Loss Property

A live 110-minute CPE webinar with interactive Q&A

This program is included with the Strafford CPE Pass. Click for more information.
This program is included with the Strafford CPE+ Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, April 2, 2025

1:00pm-2:50pm EDT, 10:00am-11:50am PDT

or call 1-800-926-7926

This webinar will review the rules for basis determinations for gifted assets. Our panel of transfer tax experts will provide examples of calculating gains and losses on gifted property dispositions in unique but common scenarios and point out missteps to avoid when making lifetime gifts.

Description

A donee generally receives a carryover basis--the donor's basis in the property--in property acquired as a gift. There are exceptions to this rule. For example, you cannot gift a tax loss. If the property gifted has a lower fair market value than its basis when gifted, the donee's basis will be its fair market value, and the tax deduction could be lost. As is usually the case, there are exceptions to consider. Transfers to spouses could retain a carryover basis. And, should the value of the property increase and create a taxable gain, the donee could use the carryover basis.

IRC Section 469(j)(6)(A) contains a special rule for gifts of activities with suspended passive losses: "Special rule for gifts. In the case of a disposition of any interest in a passive activity by gift— (A) the basis of such interest immediately before the transfer shall be increased by the amount of any passive activity losses... ." This increase in basis, particularly when coupled with the limitations on gifting loss property, could result in a loss of these carryforward losses. Tax practitioners working with trusts and estates need to thoroughly understand the nuances of lifetime gift transfers.

Listen as our panel of seasoned trust and estate advisers discusses the guidelines for determining the basis of gifted assets and minimizing the relative tax on these transfers.

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Outline

  1. Basis rules for gifts: introduction
  2. Appreciated property
  3. Passive activity losses
  4. Loss property
  5. Transfers between spouses
  6. Part sales, part gift transfers
  7. Other gifts
  8. Planning strategies
  9. Potential legislation

Benefits

The panel will review these and other critical issues:

  • The basis rules for loss property that is gifted
  • Planning strategies to minimize tax on gifted assets
  • How the rules for transfer by gift vary for spouses
  • The impact of potential legislation on gifts and gift strategies

Faculty

Jannol, Neal
Neal B. Jannol

Attorney
Law Offices of Neal B. Jannol

Mr. Jannol is a sole practitioner in Los Angeles at the Law Offices of Neal B. Jannol. He has been an attorney for more...  |  Read More

Rappaport, Matthew
Matthew E. Rappaport, Esq., LL.M.

Vice Managing Partner
Falcon Rappaport & Berkman

Mr. Rappaport chairs FRB’s Taxation and Private Client Groups. He concentrates his practice in Taxation...  |  Read More

Attend on April 2

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