Sale of Joint Tenant with right of Survivorship -

[smithsth33]

My sister and I were put on my mother's house as JTWROS.  We sold the home, but my mom is still living.  We all received 1099-S.  How to we report the portion we received?  This was not our main home, nor a second home to my sister and I.  Also, is the cost basis the FMV upon date of sale?  Is this amount then divided by 3?

[DianeW777 · Accepted solution]

No, the cost basis is not the fair market value (FMV) because your mother is still alive.  This is actually a gift to you and your sister. The cost of the property is the actual money your mother paid for the property including capital improvements over the years.  The cost basis for both sisters is the same as your mother's cost basis.  

Yes, you will divide this cost basis by 3 and then use that to reduce the gain on the property.  For you and your sister it would be an investment property sale and for your mother it would be a sale of her home.  It's possible based on your questions that the house was sold and then part of the proceeds were given to each daughter.  If so, your mother would report the home sale and gift tax may come into play.  This is beyond the scope of this forum.

Depending on what was actually in writing or agreed upon by your mother and the daughters I advise seeking the advice of legal counsel specializing in gift tax law.

• Gift Tax FAQs
• IRS Publication 599 (2023 version is not yet complete)

[Hal_Al]

As the other reply suggested, professional tax/legal help is advised.  The way to do it (and it may now be too late) is for your mother to get all the proceeds of the sale, That way she can claim the home sale exclusion of the capital gain (up to $250,000), assuming she lived in the home at least 2 out of the last 5 years. 

"Gift Tax" is somewhat of a misnomer.  Even though a gift tax return may be required, very few people ever actually pay federal gift tax. The purpose of the gift tax return is usually only to document a reduction in the allowable estate tax exemption.
See https://turbotax.intuit.com/tax-tools/tax-tips/Tax-Planning-and-Checklists/The-Gift-Tax-Made-Simple/...