What to Consider When Handing Down Your Cabin

It's important to note that when "giving away" anwhen there are minimal or no capital gains taxes
item such as your cabin or cottage to yourto be incurred.
children, despite your purest intentions, it canYou can make your children "joint tenants". In
quickly become an enormous tax burden for thesuch as case you and your children share an equal
recipient/s.ownership of the property, and the property is
Here are some different options to discuss withconsidered to have one owner: parents and
your children, a lawyer and a tax specialist tochildren collectively. The property can be passed
determine the best solution for you and yourdirectly to the joint tenants without paying
family.probate fees, but capital gains are still triggered.
You can "gift" your cabin to your children now.You might consider transferring your cottage to a
This option will still trigger immediate taxable gain"living trust". This is an option available to persons
based on fair market value, but any additionalover the age of 65. In such a case you would no
capital gains can be held off until the childrenlonger own the cottage, but you'd still have
dispose of the property on their own terms. Forcontrol over it and benefit from it. At the time
this transfer, owners will need to secure a "lifethe trust is created, there are no capital gains
interest" clause in order to have the rights to bepayments or probate fees. The trust will provide
able to use it and to protect it from being soldshelter from capital gains for up to 21 years.
while they are still living- that is, if they still wantIn the case where the property in question is on
to use it and/or live in it.the larger side and to be passed down to many
You can also "sell" your cabin to your children now.family members, there is the option of establishing
This way you can free up capital for otherthe cottage as a "non-profit organization". In this
pursuits and although capital gains still have to becase, members pay dues for access to the
paid, your children will avoid the probate costs.property. Also successive generations can use the
Also, it can be sold incrementally which will helpproperty without paying capital gains tax or
break up the annual capital gains, and make theprobate fees. Capital gains will likely be triggered in
purchase more financially accessible.the initial transfer- but these can be filtered into
The "simple bequest" is a standard optionthe "member fees". There are also ongoing
whereby when the owner passes, the property isaccounting fees to consider as an accumulative
left to the children in a will. This is a good optionexpense.