Property Transfers
The basis of property transferred in a divorce proceeding carries
over from one spouse to the other. Therefore, it is important to
consider not only the value of property received, but also its tax
basis. The recipient of appreciated property must pay tax on its
inherent appreciation when it is later sold. This
future liability should be recognized, quantified, and properly
reflected in the divorce settlement.
Gift tax consequences can be avoided if
the transfers are made under the terms of a qualifying written
agreement between spouses.
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