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답변일
10/28/2009 10:35:54 PM
If you exchanged your securities for the loan, you would have bifurcated transactions of (1) paying off the loan with 1/2 of your securities, and (2) gifting the rest of the securities. You would recognize gain of $15k on the 1st transaction and your brother would have fresh basis ($30k) and holding period. Your brother would tack your basis ($15k) and holding period on the 2nd transaction of gift. You may file a gift tax return as well.
Another possibility is your gifting of entire securities. Your brother tacks your basis and holding period, and you have no income tax consequences. This gifting should be unconditional, which means your loan payable should be outstanding right after the gift. Your brother may gift you unconditional cancellation of the loan. Those two gifts need to be reasonably apart in order to avoid any unnecessary IRS reclass of the gifts to the 1st scenario. Each you and your brother may file a gift tax return.
Another possibility is your gifting of entire securities. Your brother tacks your basis and holding period, and you have no income tax consequences. This gifting should be unconditional, which means your loan payable should be outstanding right after the gift. Your brother may gift you unconditional cancellation of the loan. Those two gifts need to be reasonably apart in order to avoid any unnecessary IRS reclass of the gifts to the 1st scenario. Each you and your brother may file a gift tax return.
