Skip to main content

I was gifted a property, if I sold this property what would the tax % be on the sale price? It is considered as income correct?

Shingle Springs, CA |

Since the property was a gift are there any laws that would prevent me from selling?

+ Read More

Attorney answers 3

Best Answer

There is nothing preventing you from selling the property. The tax rate is going to depend on many factors, but as general rule it will be considered regular income and you will be taxed according to your individual tax rate.

However, taxes are never so simple. Factors such as how long you held the property (or how long it was held by the person that gifted it to you). Your basis in the property will affect how much gain (income) you have to report. This basis is going to be the basis that the transferor had in the property (again, generally).

To make a long story short. Yes, you can sell the property. As far as tax is concerned, it would be wise to contact an accountant or tax attorney to review all of the facts. Office tel: (561)245-4723 Website: The answer provided does not create an attorney-client relationship, nor is the answer provided intended to be relied upon as legal advice. The information provided by the questioner is insufficient to serve as the basis for meaningful legal analysis. It is the questioner's responsibility to seek legal advice from an attorney who has had the opportunity to familiarize herself with the full details of the questioner's case. By providing these answers, I am not obligated to respond to any subsequent communication from the questioner. If the questioner would like me to serve as their legal counsel and render legal advice, they will have to sign a retainer agreement. The questioner is free to contact my office for a complimentary 30 minute consultation.


This question can only be answered after considering a multitude of factors -- none of which are mentioned in your question. You should consult an EA, accountant, or tax attorney for advice specific to your tax situation.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


You can sell the property. Generally, all income you receive is taxable. If you sell an asset, the profit of the sale is income. To determine the profit, simply look at the sales price and deduct the basis (the price you paid for it). If the asset was a gift, your basis is zero, and the full amount is deemed income.

I hope this helps.
Steven A. Leahy

Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.