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  1. #1
    Join Date
    Dec 2005
    Location
    Texas
    Posts
    3

    Default Transferring property into a trust

    My father is unemployeed and needed to fix up his property to sell. He has bad credit and wanted me to put the property into my name and take out a loan against the property. The property is worth 575,000 and I took out a loan on the property for 220,000 only 3 months ago.

    He is now wanting to sell the property. We met with a real estate attorney and they want to make a deed corection and put me as holding the property in trust for my father. The attorney is saying that he can draft an letter indemnifing me of any taxes on the property, such as capital gains taxes or property taxes, and making my father responsible for them since the property will be back in my fathers name. The qustion I have is when it comes to closing time will I still be liable for any taxes even though I'm only holding the property in trust and the note is still in my name?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,038

    Default Tax Avoidance Scheme

    Your liability would seemingly come from the fact that you're not holding the property in trust, but that you are engaged in a contrivance to avoid tax liability. This is really something you need to work out with your lawyer.

  3. #3
    Join Date
    Nov 2005
    Posts
    310

    Default

    There is no tax avoidance here. The OP said that his father would be paying the taxes. The purpose and/or advantages of doing this switching scheme is unlcear as well as the whether the taxing authorities would go along with this.

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