Business & farm

  1. The death of a family member is always so traumatic and the interaction with taxation issues only extends the process. 
  2. Given that the "house"  sale occurred after the date of death and under the condition that no one subsequently used the house as a personal residence nor was the house rented* or leased*, the sale will be reported as Sale of an Investment by the Trust on its own IRS Form 1041 (prepared and submitted by the Decedent's Personal Representative [new wording for "Executor"] .
                     * - renting or leasing the house adds issues not covered in this reply
  3. The Form 1041 for Estates and Trusts is NOT produced by any of the Personal Products - meaning that the Home & Business does not produce a Form 1041.  If using TurboTax, the appropriate product is the "Business" Product [unfortunately named almost like H&B] and if needed, any associated state-level filing report module.
  4. Even if there is no gain realized on the sale, it is still best, both for reconciling any possible state or Federal taxation issues and for memorializing the distribution of any assets to beneficiaries, to have the Form 1041 filed.  Indeed if the sale price was the same or less than the stepped-up cost basis (inclusive of selling costs) then the loss, if any, or gain, if any, would be so reported. 
  5. It is the responsibility of the Realtor or Conveying Attorney to report and supply the Form 1099-S to the seller.
  6. The Form 1041 will generate a companion "Schedule K-1(1041) form that does not report transfer of assets as such but reports the distribution of any income or transferable losses or credits to the beneficiaries.  Again, even a zero entry is best reported instead of discarding what might be considered a no-value schedule.
  7. The beneficiaries (YOU) the can use the Personal tax products to report any such entries (if there are any) when you prepare your own Form 1040.

@r85712 

If this posted response is useful to you, please click on the upraised hand in the lower left of this post. Thank you. Scruffy Curmudgeon--PFFM/ IAFF, retired FireFighter/Paramedic - Locals 718/30, Veteran USAR O3 AIS/ASA '65-'67


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