For example, if you own a home worth $300,000 and sell it to a family member for $200,000, they've received a gift of equity of $100,000. A gift of equity can occur if a home is given away for no compensation or if a discount is offered on its value.
Non-Family Members – In some cases, individuals with a close personal relationship may also be able to gift equity. This can include close friends or individuals with a significant personal connection.
Gift tax: A gift of equity could trigger the gift tax, so the seller should follow Internal Revenue Service gift guidelines. For 2024, a married couple can give up to $36,000, and a single person up to $18,000 to an individual per year without being subject to the gift tax.
It is possible, but you should discuss the implications of gifting property to children with a legal advisor first. You will lose control of what happens to the property. You may have to leave the property if your children become bankrupt, die, divorce or sell the property.
Gift of equity is only allowed for immediate family members so not everyone can do it.
Downsides to a Gift of Equity Yet they should additionally be aware that a gift of equity could trigger the gift tax if it exceeds the annual gift tax exclusion amount. (As of 2024, you are allowed to gift up to $18,000 per individual, or $36,000 per married couple.)