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The Potential Consequences of Gifting Assets While Alive
The Potential Consequences of Gifting Assets While Alive

This article reviews the advantages and disadvantages of gifting assets to beneficiaries during your lifetime.

Updated over 11 months ago

Gifting assets to beneficiaries during your lifetime can have advantages and disadvantages, and the decision should be made considering various factors, including your financial situation, goals, and the potential impact on both you and your beneficiaries. Here are some considerations:

Advantages of Lifetime Gifting:

Reduced Estate Tax Liability:

  • Gifting assets during your lifetime can help reduce the size of your taxable estate, potentially lowering or eliminating estate taxes that may be due upon your death.

Asset Protection:

  • Assets gifted to beneficiaries are generally protected from creditors' claims against the donor. This can be advantageous in situations where asset protection is a concern.

Income Tax Planning:

  • If the recipient is in a lower income tax bracket than you, they may pay less tax on income generated by the gifted assets, such as capital gains.

Family Assistance:

  • Gifting can provide financial assistance to family members when they need it, such as helping with education expenses, home purchases, or starting a business.

Simplified Estate Administration:

  • Lifetime gifting can simplify the estate administration process, as fewer assets may need to go through probate.

Disadvantages and Considerations:

Loss of Control:

  • Once you gift an asset, you lose control over it. Consider if you are comfortable with relinquishing control over certain assets.

Loss of Step-Up in Basis:

  • Assets passed through inheritance receive a step-up in basis to the fair market value at the time of the decedent's death, potentially reducing capital gains taxes for the heirs. Gifting may result in a loss of this step-up in basis.

Unequal Distribution:

  • Lifetime gifting may lead to unequal distributions among beneficiaries, potentially causing family disputes.

Gift Tax Considerations:

  • Large gifts may be subject to gift taxes. However, an annual gift tax exclusion and a lifetime exemption amount can be used to offset taxable gifts.

Capital Gains Tax:

  • If appreciated assets are gifted, the recipient might inherit your cost basis, potentially resulting in higher capital gains taxes if they sell the assets later.

Impact on Medicaid Eligibility:

  • Gifting significant assets may affect eligibility for Medicaid benefits, especially if done within a specific timeframe before applying for benefits.

Potential Financial Dependency:

  • If assets are gifted without proper planning, beneficiaries might become financially dependent, which could lead to unintended consequences.

Before making any decisions, it's essential to consult with financial professionals and estate planning professionals to understand the specific implications of gifting based on your unique circumstances and goals. Consider the potential impact on your financial well-being and your beneficiaries.

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