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Level 2
posted Feb 29, 2020 12:40:33 PM

Sale of unimproved land

I inherited land from my father in 2001.  It's value at the time was $1,800.  I kept records, and the property, until 2019, when I sold it for $17,400.  The property is in Virginia and I am a New Mexico resident. The settlement was in Virginia.  Do I have to pay state taxes on the sale (I have already computed the net gain) in both states?

 

If I do have to pay Virginia as well as New Mexico taxes, can I add the cost of downloading an additional state into the net gain equation?

0 8 2041
1 Best answer
Level 2
Feb 29, 2020 1:52:54 PM

Just to be clear.  As a New Mexico resident, I add the investment income in my federal taxes under the investment header, and New Mexico will get their taxes when I import my federal information into the state return.

 

As a Virginia non-resident, Virginia can only tax the investment itself; it can't tax my income earned in New Mexico.

8 Replies
Expert Alumni
Feb 29, 2020 1:03:51 PM

Yes, you must pay tax in both states. The cost of a tax program is not an expense of sale.

 

The Virginia taxable income of a nonresident individual, partner,shareholder or beneficiary is ... business income and loss, capital gains or losses (subject to the 60% long-term capital. VA non-resident

 

Fortunately, NM gives a credit for taxes paid to other states.

 

Does New Mexico offer a credit for income tax paid to another state?

Yes, but only for New Mexico state residents. The credit is based on the tax the other state imposes on the portion of gross income that is also included in New Mexico gross income. The credit may not exceed the New Mexico income tax liability, nor can it be more than Q.5% of the income taxable in the other state. NM Credit

Level 2
Feb 29, 2020 1:52:54 PM

Just to be clear.  As a New Mexico resident, I add the investment income in my federal taxes under the investment header, and New Mexico will get their taxes when I import my federal information into the state return.

 

As a Virginia non-resident, Virginia can only tax the investment itself; it can't tax my income earned in New Mexico.

Expert Alumni
Feb 29, 2020 2:32:14 PM

You are correct on both counts.

Level 2
Mar 3, 2020 9:37:34 AM

Thank you very much for your help!

New Member
Mar 18, 2020 7:54:22 AM

During 2019 we sold a piece of unimproved property we had for many years.  We live in Missouri and the property was in Florida.  
Where do we enter this sale on our tax forms?  Will we pay taxes in florida and Missouri for capital gains?  We received a 1099-S form at the closing of the sale.

Expert Alumni
Mar 18, 2020 1:15:21 PM

The sale of undeveloped land is considered an investment, and is treated similar to a stock or Mutual Fund. 

To correct the cost basis on stocks from a 1099-B

  1. Start at Investment income
  2. Select Stocks, Mutual Funds ....
  3. NO you did not get a 1099-B
  4. Select Land and continue through the questions.

Normally you will pay tax in the state that you earned money in, and you home state.  However, you would get credit for the state taxes paid in the state that you live in.

Since Florida does not have an income tax you will only have to include it in Missouri.

Returning Member
Feb 12, 2021 11:21:23 AM

The steps outlined here are not available in Turbotax premier.  What are we doing wrong?

Expert Alumni
Feb 12, 2021 11:38:49 AM

Premier handles your situation. You should be able to locate the investments section under income. Please see: 

Where do I enter the sale of a second home, an inherited home, or land on my 2020 taxes?

 

The sale of land held more than a year, will qualify for long term capital gains. Less than a year, short term. The tax rate is 0% for MFJ with taxable income below $80,000.

 

 

@rescue