What are the tax implications of giving away property?
When giving away property—such as money, real estate, or other assets—in the state of South Carolina, the gift giver must consider the tax implications. Generally, gifts of up to $15,000 per year are not taxable; however, if an individual exceeds this limit, they may be liable for federal gift taxes. Additionally, state gift taxes may be applicable depending on the size of the gift and the state. In the state of South Carolina, gifts of real estate may have an additional tax consequence: the Payment-in-Lieu-of-Taxes (PILoT). Depending on the agreement between the parties, PILoT may be due upon transfer of the property. This payment is not technically a tax; rather, it is a negotiated payment the property owner pays in lieu of property taxes. When giving away an asset, the gift giver should consult an elder law attorney who specializes in estate planning. This attorney can walk the gift giver through the applicable taxes and potential exemptions, such as the annual gift tax exclusion. The attorney can also advise the gift giver on how to minimize the gift tax liability and any potential PILoT payments.
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