Hi,
Several years ago my mother passed and our family lawyers recommended that my father transfer their home (now his) into my name. He is in great heath, thankfully, but the idea was to protect the house should he need medical care in the future.
A quit claim was done, filed and while he has life use the house has been "mine" since. We were assured we had taken their biggest asset and kept it safe. Since, while not making a huge public announcement, when this comes up friends or relatives who hear of it always rave about what a great move this was because they did the same and it saved them a fortune OR they know someone who should have and ended up having to sell off a home in the family for decades to pay medical expense, etc. for Medicare, etc and they all wished they had done what we did.
So, we felt confident all was wonderful. However, I have read several articles online that make it sounds as if someday when my dad passes and I sell the probably I will have to pay huge capital gains because, on paper, I paid $1 for the house. Heck, my parents paid 1/20th of it's value 50 years ago for it so even if we used what they paid the "profits" are going to be huge.
Our goal here was to protect this for my siblings and myself. I would sell it off and split the proceeds among us. We are a very close family and there would be no chance others would not receive exactly what my parents wanted to the penny.
However, this legally is my second home. Have we sheltered the house from Medicare which we may never need to worry about if dad doesn't need care yet exposed the house to massive capital gains someday when we no longer need it? I'm getting worried.
Thanks!
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Hello RyanH,
Thanks for your question about capital gains taxes on your parents’ home. First, let me apologize for the length of this answer, but I hope I have provided you with the information you need.
Based on the information you provided, you will be subject to capital gains tax on the home when you sell it. However, the amount of gain may not be as much as you think.
The taxable gain will be the sales price less your adjusted basis in the house. The house is considered a gift to you from your father; therefore, your initial basis is the lesser of:
It appears that the adjusted basis of your father would be the lesser amount, so let’s discuss the components of his basis. If your parents owned the home as “tenants by the entirety” or “joint tenants with right of survivorship”; your father’s basis will include both his share of the basis and the basis inherited from your mother. Therefore, his adjusted basis is composed of:
Your basis would then be your father’s adjusted basis at the time of the gift.
I know this appears rather complicated, so let me provide an example.
Example: Let’s assume that your parents paid $50,000 for the house. Over the years, they made various improvements to the home that totaled $70,000 bringing the adjusted basis to $120,000. (There were no other increases or decreases in basis as outlined in the image below.) At your mother’s death, the fair market value of the home was $200,000.
Your father’s adjusted basis would now be $160,000, a total of:
If your father made an additional improvement to the home of $10,000 before giving it to you, his adjusted basis would now be $170,000.
At the time of the gift, the fair market value of the home is $210,000. Since his adjusted basis of $170,000 is less than the fair market value of $210,000, your basis in the home would be $170,000.
Your basis will be the starting point of determining the gain when you sell the home. Any improvements you make will increase the basis. The selling price less your adjusted basis will be the taxable gain.
In addition, capital gains are currently taxed at a lower rate than regular income. As tax laws change, this may or may not be true when you sell the home.
As far as the part of your question regarding the house being sheltered from Medicare, I am unable to address that. I recommend that you consult with an attorney that specializes in Medicare issues if your have any questions.
I hope you find this answer helpful. If you have additional questions or comments regarding this issue, please feel free to reply to this post for further clarification.
Thanks for trusting TurboTax with your tax preparation!
It appears this house may have been deeded as a Life Estate. The question reads in part ..."A quit claim was done, filed and while he has life use the house has been "mine" since..." The statement "he has life use" is what caught my eye.
If that is true, then I believe the capital gains owed will have a cost basis of the homes Fair market Value as of the date of the fathers death minus any improvements made to prepare it for sale.
How do I find the fair market value of my mother’s home in the past?
To find the fair market value for your mother's home, real estate agents can help with that. The value you need is the amount the home would possibly sell for as of her date of death.
Link to IRS web site about reporting Gifts & Inheritances
Is there a worksheet for this basis calculation? It’s somewhat complicated
IRS Publication 523 contains a worksheet that will help you go through the many different items that can affect the basis of a home.
Here is a link to the PDF version. The worksheet starts on page 12. IRS Publication 523
My brother and I recently sold my parents home. It was deeded into our name back in 2008. We had a living will that my dad would live there as long as he wanted. We lost our mother back in January 2017 and Dad decided that he wanted us to sell the house. We did sell it March 30,2020 and he gave the money to my brother and I to be split equally.
The house was purchased back in 1976 for 20,000 and we sold it for 100,000.00... We have improvements on the home for 34,700.00
Do we have to pay capital gains on the house and also does the capital gains have to be paid within the first quarter of receiving this money?
You and your brother became owners of the house when the deed was put in your names in 2008. In order to qualify for the capital gains exclusion the home would have to have been your primary home for 2 out of the past 5 years. If you do not meet this test then you are unable to exclude any capital gains from the sale of the house.
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