Inheriting property can be a blessing, but it also comes with a price: capital gains taxes. The good news is that you can minimize these taxes with the right strategies.
The primary concern is the stepped-up basis, where the value of the inherited property is adjusted to its current market value, rather than its original purchase price. This can significantly reduce the capital gains tax liability.
However, there are exceptions to this rule, such as inherited property that qualifies for the primary residence exemption. This exemption allows you to exclude up to $250,000 of capital gains from taxation for single filers, and up to $500,000 for joint filers.
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Understanding Tax Basis
Tax basis is the cost of an asset for tax purposes, and it's used to determine whether you have a profit or loss when you sell an asset.
It's the original purchase price, plus any improvements you make while you own it. For inherited properties, the calculation is more straightforward.
The basis of a home you inherit is automatically stepped up to its fair market value at the date of the prior owner's death, not what they paid for it.
This means you pay capital gains tax based only on the value of the property as of the date of death, not the original purchase price or any improvements made.
The stepped-up basis can be a major advantage to heirs, reducing capital gains tax liability.
For example, if you inherit a house from your parents and its fair market value at the time of their death is $500,000, your tax basis is $500,000, not the original purchase price or any improvements made.
If you sell the house for $505,000, you only pay capital gains tax on the $5,000 difference, not the entire $405,000 gain.
If you sell an inherited home for less than its stepped-up basis, you have a capital loss, which can be deducted, but only up to $3,000 per year.
Any excess loss must be carried over to future years to be deducted.
It's essential to understand tax basis and how it affects capital gains tax liability when inheriting property.
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Reducing or Deferring Taxes
You can reduce or defer capital gains taxes on inherited property. There are a few ways to do this.
Selling the property quickly after inheritance can help avoid or reduce capital gains tax. This is because the stepped-up tax basis reflects the market value on the date of death.
It doesn't make sense to rush a sale just to avoid the tax, though - you'll still benefit from the majority of the gain.
Selling Inherited Property
Selling inherited property can be a smart move to avoid or reduce capital gains tax. If you inherit a property and immediately sell it for the same value, you won't incur any capital gains tax. This is because the tax basis is stepped up to the fair market value at the time of the owner's death.
You can also avoid capital gains tax if the property's value decreases after the owner's death and you sell it for less than the stepped-up basis. For instance, if you inherit a property valued at $500,000 and sell it for $500,000, you won't have any capital gain. However, if the property's value goes down and you sell it for less than $500,000, you won't incur any capital gains tax either.
Selling the property quickly can be a good option, but it's essential to consider the tax implications. You still benefit from the gain, even if you have to pay capital gains tax on a portion of it. It's always a good idea to consult with a tax professional to determine the best course of action for your specific situation.
Sell It
Selling inherited property can be a great way to avoid or reduce capital gains tax, but it's essential to understand the tax implications. If you sell the inherited property quickly, you can avoid paying capital gains tax altogether if you sell it for the same value you inherited it for.
For example, if you inherit a property valued at $500,000 and immediately sell it for $500,000, you have no capital gain. This is because the IRS considers inherited property to be long-term capital gain, and the tax rate would be 0%, 15%, or 20%, depending on your income bracket.
You should also consider the stepped-up basis tax rules, which can help reduce your tax liability. If you sell the property for less than its stepped-up basis, you'll have a capital loss, which can be deducted against your ordinary income.
The IRS considers inherited property to be long-term capital gain. The tax rate would be 0%, 15%, or 20%, depending on your income bracket. This means that if you sell the property for a profit, you'll only pay capital gains tax on the amount above the stepped-up basis.
For instance, if Jean inherits a house from her father George, and its basis is stepped-up to $500,000, and she sells it for $505,000, her tax basis in the house is $500,000. She'll only pay capital gains tax on the $5,000 gain, which is a relatively small amount.
Primary Residence
If you inherit a property and plan to sell it, making it your primary residence can be a great way to avoid capital gains tax. This is because the Section 121 Exclusion allows a taxpayer to exclude up to $250,000 (or $500,000 on joint returns) of the capital gain from the sale if they live in the property for at least two of the five years before the sale.
You'll need to live in the property for at least two years to qualify for this exclusion, and be aware that if you sold another primary residence within the two years prior to selling the inherited home turned primary residence, you generally won't be eligible for this exclusion.
To qualify for this exclusion, you'll need to meet the specific criteria, including living in the property for at least two of the five years before the sale. This can be a great way to reduce your tax liability, but be sure to keep track of your residency and any other relevant factors to ensure you qualify for the exclusion.
Stepped-Up Basis Rules for Inheritors
Inherited property gets a "stepped-up basis" that can reduce capital gains taxes. This means the IRS uses the property's fair market value at the date of death, not the original purchase price, when calculating capital gains.
The stepped-up basis can save heirs a lot of money on taxes. For example, if your parents bought a home for $30,000 and it's worth $430,000 at the time of their death, you wouldn't owe capital gains tax on the entire $400,000 difference.
If you sell the inherited property for less than its stepped-up basis, you have a capital loss. This can be deducted against your ordinary income, but only up to $3,000 per year.
The stepped-up basis is a major advantage to heirs when it comes to reducing capital gains tax. It's like getting a free pass on a big chunk of the property's appreciation in value.
You can also avoid paying capital gains tax by selling the property as soon as you inherit it. If the property hasn't appreciated in value, you won't owe taxes on the gain.
The IRS publication 551, Basis of Assets, has more information on the subject if you want to learn more.
Sources
- https://www.damore-law.com/capital-gains-tax-on-inherited-properties/
- https://www.dhtrustlaw.com/capital-gains-tax-inherited-property/
- https://www.nolo.com/legal-encyclopedia/if-you-inherit-home-do-you-qualify-the-home-sale-tax-exclusion.html
- https://mcelderlaw.com/who-pays-taxes-on-inherited-property-and-how-does-it-work/
- https://www.foxroach.com/blog/capital-gains-tax-on-inherited-property/
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