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Bs4ucla
New Member

1041 living trust final inherited home sale

A “ simple revocable living trust” are these true/false, if false please explain

  • 1) TT biz says it must be marked complex trust, as First & final 1041 of revocable living trust is now an irrevocable via death
  • 2) posts in this form suggest that  step up in basis on sale of principle home as inheritance ( only asset in trust worth more than $1k )is still valid as revocable becomes irrevocable trust upon death ( approx $1mm home, 300k mortgage, purchase $350k, net 700k. Home for sale within 1 month of passing. 
  • 3) posts in this forum suggest the net sales proceeds of home $700k are cap gains tax free due to step up basis and DO NOT belong on 1041 as it is corpus distribution, not income. 
  • 4) forced to file 1041 due to final, 2nd parent, first to die , 1099R & check made out to estate for $3500, cant go on their final 1040, means >$600 inc
  • 5) the sale of home expenses 75k ish mean 3500 inc - 75,000, trust has O$ tax income & loss
  • 6) given abv points, k-1 for sole beneficiary will show $0 income and some $70k  loss distribution & NOT show $700k corpus distribution
  • lastly , refund from last check fed w/holding $300. Can you refund request file TT online or need to mail it in? 

do i have any of this wrong? 

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3 Replies
M-MTax
Level 12

1041 living trust final inherited home sale

Is the $300 refund from a final 1040 you are filing? If so, then you can file a 1310 with the 1040 to have the check made payable to you. There are a few variables that dictate whether or not you can e-file.

 

The corpus distribution can be shown on Line 10 of Schedule B of the 1041 as a second-tier distribution.

 

The loss on the sale of the home would be a long-term capital loss and can be passed through to the beneficiaries provided the home was not used for personal purposes.

Bs4ucla
New Member

1041 living trust final inherited home sale

Thank you. The $300 refund is from inside the trust( pension insisted writing check to estate not the parent per usual monthly pay.. There is a larger refund from the decedent final 1040( i havent finished that return but am certain all withholdings will be refundable). It. Sounds like 1310 is in order on both returns.  
    Can the long term loss really be added to my 1040 for this year (or carry forwards) etc off a K-1 to me? Idk. I read somewhere trying to take losses off 1041 for heirs encourages audits(?).  
i did see first and second tiers in TT biz trust questions. 
thank you for response 

M-MTax
Level 12

1041 living trust final inherited home sale

You wouldn't file a 1310 with a 1041.

 

The long-term loss should flow through to you via the K-1. You should be able to use it to offset any capital gains you might have and then up to $3,000 to offset all other income.

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