My mother has dementia and is in assisted living. Her total assets right now are $11,000. I had to do a spend down to get her Medicaid. Two years ago she liquidated some investments. She gave me the money to purchase a home she could live in with me. Now she’s going to assisted living. She only provided the tax preparer part of the documents regarding the distribution. I got a letter today saying there is a $177,000 discrepancy! If she owes 15% capital gains that about $25,000! There is no way she can pay that. What should I do?
Hire a Certified Elder Care attorney who's versed in Medicaid and IRS matters to guide you thru how to handle this situation. It's unfortunate you didn't hire an attorney before buying and selling homes!
Good luck to you.
I agree, we are layman and I think an elder lawyer is needed.
Just a question, I know things have changed but it used to be if you sold a house and bought another one within 2 years, you paid no capital gains tax?
This is complicated legal problem.
Your mother has no assets and she may need to apply for government help from Medicaid. My worry is that she may not be able to get it.
She has no money. She has no income. They will not take SS.
You, however may stand to lose your home, be accused of some sort of fraudulent behavior if you were aware of this transaction, or sustain other problems.
You say YOU got a letter today.
Can you tell me why YOU got a letter, and not your mother?
Do see an attorney and take an honest and complete document about what occurred on what date if you are able.
I wish you best of luck.
bogleheads.org
Crowdsourcing, like this one, but regarding all things money, assets, financial, etc.
The first attoreny I would hire is a tax attorney, then after that it may require an elder law attorney versed in Medicaid.
Your post is very confusing, talking about "capital gains" which is paid on the sale of a home, vs normal taxes paid on income and interest.
You need a lawyer to guide you now, not random folks on an internet forum.
Merv needs an attorney here, I am thinking.
This is way out of my league.
You need an Elder Law attorney firm that has a tax specialist.
Or am I mistaken.
They have a phone number in which they can set up a meeting between you, the CPA and yourself. A good CPA will meet with you and the IRS.
The IRS does not care that Mom has dementia. The laws are the laws. Ignorance of tax requirements does not mean you escape from paying taxes.
You really want to take this seriously. IRS imposes pretty hefty interest and penalties. My FIL owed back taxes of around $20,000. It snowballed to over $150,000 pretty quickly due to penalties and interest.
Alternative you can get a tax lawyer to meet with you and the IRS but that will be a bit more costly than using your CPA.
Mern no one is saying you cheated the government/IRS. The reality is it looks like Mom underpaid her taxes with her securities/house deal to you. The complexity is beyond the scope of an internet forum but the CPA who did the taxes should be able to figure out what you underpaid and negotiate a deal with the IRS. I'd start with the person who has been doing Mom's taxes and your taxes for the last several years.
Mom can only "gift" you up to $18,000 per year tax free. If Mom "gifted" you over $18,000 in any given year, yes, taxes are owed to the IRS.
The IRS has a lot of power. They will dog you and your Mom until you resolve this. You may need to sell the house, get a reverse mortgage, or get a loan or work out a payment plan.
I'd talk to a CPA, and/or a tax attorney, and possibly an elder law attorney.
The IRS will work with you on a payment plan over a number of years to get the overdue taxes paid.