Oct 1, 2006 12:00 PM

Donating Real Estate

Real estate has been the fastest appreciating investment for many people during the past several years. With interest rates rising, however, recently there has been a softening of the real estate market in many parts of the country. Some economists feel that this may be the beginning of a long-term decline in real estate values. For those clients who believe that it's time to lock in some of their profits now, advisors need to be aware of the tax-efficient alternatives available for diversifying out of real estate. One is charitable planning. Structured properly, a charitable transfer of real estate can not only serve a client's philanthropic goals, but also provide significant tax benefits and, under the right circumstances, increased cash flow. Unfortunately, real estate transfers to charity raise a number of tax traps. So let's identify those tax traps and examine the best ways to structure charitable gifts of real estate.

Thetraps tax traps associated with charitable gifts of real estate are numerous and running afoul of one or more of them can result in significant negative tax consequences to the donor and, under certain circumstances, to the recipient charity as well. The most common traps are valuation and substantiation issues; prearranged sale; unrelated business taxable income; mortgaged property and the excise tax on self-dealing:

Sign in to
view the full article



Remember Me

* Forgot Username/Password?

* Magazine Subscribers Get Your Login

Not a subscriber?

  • Subscribe & Save

    Get immediate access to Trust & Estates online
  • Subscriber Benefits

    Learn more about Trust & Estates magazine, online article access and our free enewsletters.

Topics of Interest

Estate Tax Donor Advised Funds
GSTs Family Offices
Private Foundations Life Insurance
2010 Tax Act News Industry Trends Surveys

E-Newsletter Signup

Poll

Topics of Interest

Estate Tax Donor Advised Funds
GSTs Family Offices
Private Foundations Life Insurance
2010 Tax Act News Industry Trends Surveys

E-Newsletter Signup


T&E eNewsletters

Wealth Watch

Wealth Watch is a free e-newsletter delivered twice a month with expert advice on wealth management from Trusts & Estates.

Latest from Wealth Watch

View more from Wealth Watch.

Tech. Review

Technology Review is a free monthly e-newsletter from Trusts & Estates and nationally renowned expert Donald H. Kelley. It is geared to keeping estate planning lawyers current on the latest tech news they can use.

Latest from Tech. Review

View More from Technology Review.

Philanthropy Tax Guide

Each month, Conrad Teitell reports on and analyzes as important tax development governing charitable contributions, including how to maximize the benefits and avoid the pitfalls.

Latest from Conrad Teitell

View More from Conrad Teitell.

2011 Trust Glossary

Click here to download the 2011 Trust Glossary

50 Years Ago This Month

50 years ago, in May 1962, we featured articles such as: "Future of Canadian Trusteeship" by Arthur H. Mingay", "Training Trust Employees" by Ian M. Marr, "What is a Trust Officer?" by Eric J. Brown, and "Selling Services" by Donald I. Webb.

Conrad Teitell's Guide to Tax Benefits For Charitable Gifts

Click here to view the most up to date guide (September 2011)

Press Releases

Browse Back Issues

What's new on
WealthManagement.com


Most Popular Stories

Press Releases

Advising the Wealthy: It's a Whole New Game

Charlie Ratner talks with estate-planning expert Lou Harrison, investment guru Michael Lewitt and retirement benefits specialist Mike Jones. Register for this timely podcast......

Follow us on Twitter