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Tax on inheritance/proceeds from sale of home??

My wife's father passed away 37 years ago, without a will.  The Texas probate judge decided that ownership of the matrimonial home was to be split amongst the survivors, with 50% to his wife (my wife's mom) and 10% each to his 5 kids (my wife and her 4 siblings).  My mother-in-law finally sold the home last month and moved into an assisted living facility, and the proceeds of the sale ($140K to mother-in-law, $28k to each of the kids) were then split in accordance with the probate ruling.  Are the proceeds taxable?

Thanks,
Canadan

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1 Best answer

Accepted Solutions

Tax on inheritance/proceeds from sale of home??


@Canadan wrote:
But does the fact that it is an inheritance eliminate or override the tax burden?

No, the inheritance aspect only changes the basis calculation - the basis for calculating any gain is the fair market value on the date of death.

 

In many instances, inherited real estate is sold shortly after the date of death which virtually eliminates any gain due to the stepped-up basis that the property receives.

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4 Replies

Tax on inheritance/proceeds from sale of home??

Your mother-in-law can qualify for the $250,000 Section 121 exclusion from gain if she owned and used the home as her main home for a period aggregating at least two years out of the five years prior to its date of sale (she is apparently eligible from the facts stated in your original post). Since she only received $140,000, her basis is essentially a moot point and she can exclude the gain, if any.

 

Your wife and her 4 siblings will have to figure their gain based on the fair market value of the house on the date of death of your father-in-law plus any improvements that have been made over the years (for which they will need documentation). Assuming none of the aforementioned used the house as their main residence for at least two of the last five years prior to the sale, they do not qualify for the Section 121 exclusion. See https://www.irs.gov/taxtopics/tc701

 

So, you need to figure out the fair market value (what the house was worth) on the date of your father-in-law's death, 37 years ago, add the cost of improvements made over the last 37 years, divide that figure by two (since the 5 siblings got a one-half interest), divide that figure by five (one share for each of the 5 siblings), and then subtract the resulting figure from the sales proceeds (less any sales expenses).

 

Example (with no improvements taken into consideration):

Hypothetical date of death fair market value = $100,000 divided by 2 = $50,000.

Five siblings basis each = $10,000 ($50,000 divided by 5).

Sales proceeds of $28,000 less sales expenses (hypothetical) of $1,000 for each sibling = $27,000.

$27,000 net proceeds less $10,000 basis = $17,000 capital gain (long-term).

 

Tax on inheritance/proceeds from sale of home??

Thank you for your thorough and detailed response.
Ok, so I see that there is some capital gains for the five siblings. But does the fact that it is an inheritance eliminate or override the tax burden?

Tax on inheritance/proceeds from sale of home??


@Canadan wrote:
But does the fact that it is an inheritance eliminate or override the tax burden?

No, the inheritance aspect only changes the basis calculation - the basis for calculating any gain is the fair market value on the date of death.

 

In many instances, inherited real estate is sold shortly after the date of death which virtually eliminates any gain due to the stepped-up basis that the property receives.

Tax on inheritance/proceeds from sale of home??

Ok, got it...thanks!
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