Dated to the day the property changed hands
Not today. Not the day the return is filed. The day the gift was actually made — which is when the deed was delivered and accepted, and which is not always the day it was recorded.
Get that date from whoever handled the transfer rather than estimating it. As with every retrospective assignment on this site, it cannot be changed afterwards without redoing the analysis, and it is the single mistake here that costs the whole fee.
What the report has to contain, and why
This is the part that makes a gift appraisal different from an ordinary one.
When a gift is reported with adequate disclosure, the period during which the IRS may revalue it runs and eventually closes. When the disclosure falls short, that window can stay open — which is the opposite of what the whole exercise was for.
The regulations are specific about what a supporting appraisal must include: who the appraiser is and why they are qualified to value this property, a description of the property, the valuation date, the method used, and the basis for it, set out in enough detail that somebody can follow the reasoning rather than take it on faith.
So these reports say more about the appraiser and the method than a lender’s report ever would. That is deliberate, and your accountant should see the report before the return goes in.
A donation is a different form
Same valuation work, different paperwork, and the difference is worth catching at the start.
A noncash charitable contribution above the threshold generally needs a qualified appraisal by a qualified appraiser, with an appraiser declaration on Form 8283 — signed by the appraiser and acknowledged by the receiving organisation. There are also rules about how close to the donation date the appraisal has to be.
Tell me which of the two this is when you call. The analysis is similar; the requirements around it are not, and discovering the difference at filing is too late.
The one I do not do
If you are transferring a fractional share rather than the whole property, there are two questions and I answer only the first.
I can value the real property. Whether a minority or fractional interest in it carries a discount for lack of control or lack of marketability is a valuation-of-an-interest question — usually a business valuation specialist’s work — and it is not something I take on.
Your accountant will know whether the transfer needs both. Better to hear that now than to find the report answers half the question.
New Jersey’s part in it
There is no New Jersey gift tax. There is the transfer inheritance tax, and it can reach backwards.
A gift made within three years of death may be treated as made in contemplation of death and pulled into the taxable estate. That matters most where a parent transfers property late in life to somebody outside Class A — a sibling, a niece, a friend — since those are the beneficiaries New Jersey actually taxes.
It is counsel’s question rather than mine. What it means practically is that the appraisal you commission for the gift may end up doing work twice, which is a good reason to have it done properly the first time.
New Jersey specifics
- A gift of New Jersey real property to a non-spouse commonly interacts with the State's transfer inheritance tax if the donor dies within three years, where a transfer made in contemplation of death may be pulled back into the taxable estate.
- Property transferred between family members frequently never reaches the open market, so there is no sale to point at and the appraisal is the only evidence of value that exists.
- Where a parent transfers a house but continues living in it, that is a fact the return and the valuation both have to deal with honestly, and it is a question for counsel before it is a question for an appraiser.
What you receive
- A report whose effective date is the date of the transfer
- A statement of the appraiser's qualifications, as the regulations require
- The valuation method and the basis for it, set out rather than asserted
- Comparable sales from around the transfer date
- Signed USPAP certification
What I need from you
- The exact date of the transfer, and the recorded deed where there is one
- What interest was transferred, and to whom
- Whether an accountant or attorney is directing the filing
- Access to inspect, or documentation of condition at the transfer date