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HoneyKing
Returning Member

How to deduct home exclusion for primary home sold within an inherited Estate?

I'm the beneficiary of an inherited home, which was sold from within the estate. I received a schedule K-1 from the sale of the home. Since I lived in the home as my primary home since before my relative died, I believe that I qualify for a partial exclusion of the capital gains from the time of my relative's death (16 months). But I am unclear on where to enter the exclusion on my individual taxes. Should I have my K-1 revised to include the exclusion? Or should I add the exclusion to form 8949 within the same line as my K-1 entry?


Normally, form 8949 has the long-term capital gain from schedule K-1 entered in column (h), with all other columns blank. And normally a home sale which qualifies for the exclusion has "H" entered in column (f), the exclusion amount entered in column (g), and all other columns appropriately filled (like purchase date and cost basis, etc.). I don't want to do this wrong, but I think adding the written line "From Schedule K-1 (Form 1041)" to my home sale entry on form 8949 would be appropriate and clear. I'd love some guidance from someone who knows for sure. Thank you.

 

[Later edit. When I say "Partial Exclusion" I am referring to publication 523 (2021) from the IRS which allows in particular circumstances one who has owned a home to exclude a fraction of the normal $250K amount based on the duration of time the home was owned and lived in as the primary home. In my case, this was 16 months, so I think I could exclude 16 / 24 * $250K = $166.67K. 

 

https://www.irs.gov/publications/p523#en_US_2021_publink100073096

 

]

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2 Replies
LeonardS
Expert Alumni

How to deduct home exclusion for primary home sold within an inherited Estate?

In order to claim the exclusion, you have to have owned and lived in the house for at least 24 months in the five years prior to the sale.  From your post, it appears that you only lived in the home for 16 months as a tenant, prior to inheriting it.  You did not own the home it was owned by another individual.  You only became the owner of the home at the time you inherited it,  That is the point at which the 5-year window would start

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HoneyKing
Returning Member

How to deduct home exclusion for primary home sold within an inherited Estate?

Leonard,

 

I thank you for your time.

 

My understanding from Publication 523 (2021) is that there is the option to take a "Partial Exclusion of Gain" if one lived in a home for fewer than 24 months under particular circumstances (for which I believe I would qualify):

 

https://www.irs.gov/publications/p523#en_US_2021_publink100073096

 

I'm not sure if this is a new rule or what. I know most online sources don't mention it. But the 2021 schedule D instructions also reference (using the term "reduced exclusion") the option for the Partial Exclusion in section 523.

 

I thank you for your thoughts.

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