gift of equity - Bank issues 1099
Date: Friday March 10, 2006 Time: 05:30 AM -0800 QUESTION: I sold my old home place to my son. It appraised at $80000, I sold it to him for $72000.00 with a gift of equity of $8000.00, at the suggestion of the banker loaning him the monies. The gift of equity was typed into the contract as such but was included on the 1099 the bank sent me. My acccountant tells me the bank should not have included that on the 1099. I went to the bank to ask them to revise the 1099 but they refuse to do that. Where do I stand? Must I pay capital gains for gifting my son $8000.00. ------------------------------------------------- david ingram replies: I have been in this business for 43 years and have never heard of such a thing. The bank had no right issuing a 1099 and I do not understand why they would issue it and really do not understand why they would not change it immediately. Write to the State Banking authority and complain. Copy it to the bank president. In the meantime, either file a 4868 extension or put it on the tax return and deduct it as an error. Let me know what happens. ------------------------------------------------------ David Ingram's US/Canada Services US / Canada / Mexico tax, Immigration and working Visa Specialists US / Canada Real Estate Specialists Home office at: 4466 Prospect Road North Vancouver, BC, CANADA, V7N 3L7 Cell (604) 657-8451 - (604) 980-0321 Fax (604) 980-0325 Calls welcomed from 10 AM to 10 PM 7 days a week (please do not fax or phone outside of those hours as this is a home office) email to taxman at centa.com <mailto:taxman at centa.com> www.centa.com <http://www.centa.com/> www.david-ingram.com <http://www.david-ingram.com/> Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. 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