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Level 2
June 5, 2019
Solved

Question on 1099-S Inherited property sale

My wife inherited  a property which was sold, since this was part of the estate is it subject to being taxed? The estate was less than 500K.
Level 15
March 13, 2023

Expert Reviewed

Thanks for a rather clear response to my  question.  I have just one thing that maybe you could clarify:

 

Inheritance is NOT taxed at the Federal level.  Is this correct?

If this house WAS sold 9 months after death, and I enter the 1099S, will I probably have to pay tax the the IRS?  I will follow your instructions provided earlier, and maybe TurboTax itself will answer  this question.  When I questioned a realtor, they thought I would only be liable for STEP-UP value on that home...

 

Again, thanks for a quick response!!

Mike



@emceebe wrote:

Inheritance is NOT taxed at the Federal level.  Is this correct?


In your case, that would be correct in terms of simply inheriting the house. 

 

However, since the house was sold, you need to determine your basis and subtract that from the sales price (less selling expenses). 

 

In this instance, the basis would be the fair market value of the house as of the date of death of the decedent. If the sales price (less selling expenses) was more than that value, you have a gain that would be subject to taxation.

 

If the sales price (less selling expenses) was lower than the fair market value at the date of death, then you have a loss which could be deductible depending upon how the house was used (if held for investment, the loss could be recognized as a long-term capital loss).

 

 

80 replies

Alumni - Intuit
June 5, 2019
Did the estate sell it or did your wife sell it after she inherited it?
Level 2
February 18, 2020

The property belonged to my grandma and I received 1/8 ownership, but my mom who held the majority refused to sell it so everyone went on the title.   After 12 years the property was split, half was sold to a neighbor and my mom bought me out of my share of the other half.  The sales price was no more than the price my grandma's estate was when appraised at her death. 

LindaB1993
Alumni - Intuit
February 18, 2020

You report your 1/8 interest as your sales price.  The  Fair Market Value (FMV) multiplied by 1/8 at the date of death is your  cost basis.

 

Here's TurboTax data entry:  

  1. Federal Taxes
  2. Wages & Income
  3. Scroll down to Investment Income
  4. Select Stock Mutual Funds, Bonds. Select you have not received 1099-B and continue through the interview; the category is Everything else. The cost basis is the Fair Market Value on date the deceased passed away. You will be able to put your description and sale information; indicate that property is Inheritance, you'll be guided through inheritance sale.
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lkgmadmaxAuthor
Level 2
June 5, 2019
My wife was in charge of the estate, the property was sold and divided in 3rd's with here two brothers.  Each received 1/3 of the proceeds. The property had an assigned value in the estate package, the sales amount did not exceed the value placed on the property in the estate package.
Level 2
February 28, 2022

How do I handle a 1099-s from the sale of an estate property we sold this year? We acquired the property in 2003. We each get 1/3rd of the proceeds. 

Level 15
February 28, 2022

The property was "acquired in 2003"? Did the estate sell the property? 

Alumni - Intuit
June 5, 2019

Since the property was sold while it was in the estate, the proceeds of the sale distributed to the beneficiaries are NOT taxable income.

Level 2
June 5, 2019
But do I have to report this somewhere?
Level 2
March 8, 2021

I inherited some property from my father.  The property was sold for $$69,825.22. 

Cost at closing 

$2,121.00

$1,017.50

Net to Sellers (3 Heirs ) 

$66.,733.49

My Share was $22,244.49

I received a 1099s,

I do not see where this needs to be listed in Turbo Tax.  Is this amount taxable. 

 

 

 

Alumni - Intuit
March 8, 2021

Yes, the sale of inherited property should be reported and any capital gain is taxable.

Please follow the direction to report form 1099-S:

  1. Login to your account.
  2. Select Federal Taxes
  3. Wages & Income then Income and Expenses.
  4. Scroll down to Investment Income
  5. Since you did not receive a 1099-B, answer “no” to the 1099-B question
  6. Select Other for What type of investment did you sell?
  7. Select I inherited for How did you receive this investment? 
  8. To deduct your expenses ( there is no separate place to enter your expenses), Increase the basis (FMV) of the inherited property by the allowable closing costs.

 Sales expenses include:

  • commissions
  • appraisal fees
  • broker's fees
  • legal fees
  • advertising fees
  • home inspection reports
  • title insurance
  • transfer taxes or fees
  • geological surveys
  • loan charges (points) or other fees paid on the buyer's behalf
  • any fees for a service that helped you sell your home without a broker (listing fees, promotional fliers, etc.) 
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Level 2
March 16, 2021

Ok I got one for you:

 

My father inherited a house from his mom in 1982. He is one of 4 siblings. Each received 25% ownership. This past year, they all sold the house, and split proceeds 25%. So far so good. 

 

However, during 1982-2020, my uncle had that house listed as his primary residence.

 

How should my Dad treat this sale on his taxes? Capital gain/loss? Rental? Would he receive a $250,000 waiver since it was used for personal reasons?

Level 2
March 18, 2021

If the property was sold to the children for $1.00 is it still considered in the estate

KrisD15
Alumni - Intuit
March 18, 2021

If real estate was sold to the children for $1.00, the basis of those properties for those children is now $1.00.

Had it been left as an inheritance, the basis would be Fair Market Value on date of passing. 

When the property is sold, anything over $1.00 will be capital gain for the new owner. 

 

No, the property would no longer be part of the estate. 

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Critter-3
Level 15
March 18, 2021

Selling for $1  was just for the quit claim deed ... what they really did is gift the property so the gift tax rules come into play and hopefully a gift tax return was filed at that time.  Seek local professional guidance to get this file correctly.  

Level 2
March 25, 2022

My wife and I inherited her mom's home in Dec 2018 when her mom passed away.  My wife was an only child and so we inherited the home.  We sold it in May 20, 2021, and financed the deal for up to 12 months.  We received a deposit for 31,000  in May of 2021.  We recently received the final payoff with interest (2022).  How do I claim the $31,000 income in 2021 without being taxed by TURBOTAX for income. It was an inheritance.

Level 2
February 7, 2023

We received  a 1099 for the sale of inherited property from sale of my wife's dad, how do i report this on return?

The sale was in CA and we live in Texas. Her value in estate was less than $100,000

Level 2
March 13, 2023

I also received a 1099S, and wonder if the title company should NOT have done that...

 

3 siblings  inherited a home and other cash from a mom who died, while in a revocable trust (Florida). We got 1/3 share each as cash, and did not think the HOME was ever put in our names, not sure, but now got a 1099 -S for each of us and don't know if it is NOW IRS taxable because of that. Entering it in Turbo seems to make it very complicated.. Do I pay Fed Tax?   How do I enter, NOT as sale of my main home, and if it has a STEP UP VALUE, I understand that might be taxable.

 

Did the Title Company do us a disfavor by FIRST putting her home in our names, if that is what they did?.

Alumni - Intuit
March 13, 2023

There are some steps in TurboTax to enter the sale of an inherited home. The steps will be listed and will be easy to follow.

 

You need to determine the fair market value at the date of death to enter as most of the cost basis. If the death of your mother was in the last year, then the cost basis will be the selling price. There are some costs from the sale that can be added to the basis which may cause a loss which is good tax-wise.

 

The Title Company did not do a disfavor to you and your siblings by issuing a 1099-S to each of you. It will make it easier to report your taxes.

 

The information that you need to enter is 

  1. Description - Address of house
  2. Date sold - Date on 1099-S
  3. Date acquired - Date of death
  4. Sale proceeds  - Amount on 1099-S
  5. Cost basis - Same as sale proceeds plus any expenses paid to get the house ready for sale and some expenses that are listed on the settlement statement can be added to the basis. These include Title fees, real estate commissions documentary stamps, credit report costs, costs of an abstract, transfer taxes, home inspection, flood certificate, and attorney fees.  All of the additional expenses are divided by three and that amount would be added to the proceeds for each sibling.

To enter this in your return:

 

  • Click on the Wages & Income tab
  • Next click on I'll choose what I work on
  • Scroll down the screen until you come to the section Investment Income
  • Chose Stocks, Mutual Funds, Bonds, Other and select Start or Update
  • The first screen will ask if you sold any investments during the year, answer 
  • Did you get a 1099-B or a brokerage statement for these sales? Answer No
  • Tell us about this sale, Click I'll enter one sale at a time
  • The drop-down boxes can be filled out with the details of the house sale from the 1099-S and other house expenses listed in No. 5 above. This will be a short-term sale if it was less than a year since your mother died.
  1. Date sold - your records
  2. Date acquired - from your records
  3. Sale proceeds -your records
  4. Cost basis - FMV at the date of death plus other expenses listed in No. 5 above.

We are sorry for the loss of your mother.

 

@emceebe 

 

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Level 2
March 13, 2023

Thanks for a rather clear response to my  question.  I have just one thing that maybe you could clarify:

 

Inheritance is NOT taxed at the Federal level.  Is this correct?

If this house WAS sold 9 months after death, and I enter the 1099S, will I probably have to pay tax the the IRS?  I will follow your instructions provided earlier, and maybe TurboTax itself will answer  this question.  When I questioned a realtor, they thought I would only be liable for STEP-UP value on that home...

 

Again, thanks for a quick response!!

Mike