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If one began the process of gifting an apartment (which is located abroad) to a child, on March 1 and it takes 6 months to get the apartment listed officially under the child's name,

  1. When does one report to the IRS that one gifted the apartment?

  2. Which form to to use, form 709?

  3. Does the child need to report anything?

  4. If so, what form should the child who is receiving the apartment use? and when do they need to do this by?

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  • When did you sign the apartment over to the giftee?
    – RonJohn
    Jul 10 at 9:56
  • Are we to ignore in the answers the foreign tax issue? What is the country where the apartment is located? How much is the property worth? Jul 10 at 10:19
  • @RonJohn I think some time in April it was signed but it hasn't taken affect yet.
    – Mr Monee
    Jul 10 at 10:22
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    This is an international site. I have added united-states tag based on your references to IRS and CPA, if that is wrong please edit or comment.
    – Vicky
    Jul 10 at 11:27
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    Note that the answers to this question assume that it is, in fact, a gift. You had some previous questions about gifting an apartment to a child with the intention that the child subsequently gift the apartment back to you some time later. That would not be a gift from an IRS perspective. Jul 10 at 17:32

2 Answers 2

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When does one report to the IRS that one gifted the apartment?

When you've finalized the transaction.

Which form to to use, form 709?

Yes. Make sure to appraise it at the date of the transaction, and read carefully the instructions to the form.

Does the child need to report anything?

Not in the US. You'll need to check the reporting/tax requirements for both of you in the country where the property is located. It may be treated as deemed sale (i.e.: you'll pay capital gains tax), or a gift (i.e.: you'll pay gift tax), or anything else. There may be transfer taxes and fees, and other associated costs.

If I remember correctly, you're in Israel. Having more than one apartment affects how real estate is taxed in your country, so your child may want to inquire.

If so, what form should the child who is receiving the apartment use? and when do they need to do this by?

If the child is a US person, the apartment will probably show up on their Schedule E (unless they decide to live in it, and then it will become their address on form 1040).


Obviously, given the history of your questions on this site, I strongly advise you to talk to a lawyer about whatever it is that you're planning to do.

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It should probably be reported as a gift so the IRS can see that it, combined with other gifts, does not cross the taxability threshold. Outside of that...

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