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Gifts
of Real Estate with Retained Life Interest
A gift of a
remainder interest in a personal residence or farm provides the donor with a
charitable deduction for the present value of the remainder interest and
permits the donor to escape any potential capital-gain tax on the built-in
appreciation. What may be more important from the donor's point of the view
is that he or she can continue to occupy the residence or operate the farm
without disruption.
The term
personal residence is broadly defined to include any property used by the
taxpayer as a personal residence even though it is not the donor's principal
residence. A personal residence may include a single-family dwelling or
stock owned by the donor as a tenant-stockholder in a cooperative housing
corporation, condominium, or vacation home. The term farm includes any land
used by the donor or his or her tenant for producing agricultural products
or raising livestock.
Making such a
gift does not require that the donor remain in the residence. A donor who
moves has several options: renting out the property and retaining the rent;
converting the retained life interest to a stream of payments for life;
selling and dividing the proceeds with the charity in proportion to their
respective interests in the property; or making an additional gift of the
retained interest.
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