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Level 1
posted Mar 12, 2025 11:26:04 AM

Calculating adjusted basis, capital gains, and taxes due from life estate due to sale of part of the property

Scenario:
My wife passed away in 2008
I have I a life estate on 100 acres
Value per acre in 2008 was $500
Total land value in 2008 was $50,000.00
One remainderman on life estate
 
2024 Oil Pipeline "easement" (surface purchase)
Value per acre in 2024 is $2000
Step up of $1500 per acre
Total surface area of two acres
Total received $20,000 ($10,000 per acre)
The $20,000 is split, per IRS tables. 80% goes to life estate holder and 20% goes to remainderman.
 
1. How do I adjust the land basis value?
a) Adjust the basis of the life estate down by $17,000 ($20k - step up of $3k) making the adjusted basis $33,000 or
b) Adjust the basis of the two acres down by $17,000 ($20k - step up of $3k), making the adjusted basis of the two acres $0 and claiming $17,000 in current capital gains and paying taxes on those capital gains?
c) Something totally different?
 
2. Are capital gains currently taxable?
a) If so, how do I report the receipt of my 80% portion of $17k (($13,600) on my income tax form and report the other $3,400 as going to the remainderman?
b) If not, how do I report the sale, receipt of monies, and division of monies on my income tax form?
 
 
 
 
 
 

0 3 1632
1 Best answer
Expert Alumni
Mar 12, 2025 11:52:08 AM

You're going to report this on schedule D as a sale of a portion of your property.  You are selling two acres.  Based on the information that you have provided your basis in the property is $500 per acre which was its value at the date of death of your spouse who you inherited it from in 2008.  So that is a $9,500 profit per acre for this easement.

 

If the remainderman is getting 20% of that then you would report your 80% on the trust return or on your personal return and the remainderman would report their 20% on their personal return.  Or you can report 100% on the return that you are preparing and just pass the cash to the remainderman as a distribution.

 

@wallacee 

3 Replies
Expert Alumni
Mar 12, 2025 11:52:08 AM

You're going to report this on schedule D as a sale of a portion of your property.  You are selling two acres.  Based on the information that you have provided your basis in the property is $500 per acre which was its value at the date of death of your spouse who you inherited it from in 2008.  So that is a $9,500 profit per acre for this easement.

 

If the remainderman is getting 20% of that then you would report your 80% on the trust return or on your personal return and the remainderman would report their 20% on their personal return.  Or you can report 100% on the return that you are preparing and just pass the cash to the remainderman as a distribution.

 

@wallacee 

Level 1
Mar 12, 2025 1:40:11 PM

Thank you, Robert.

Since long-term capital gains are taxed a 0%, 15%, or 20% (which is less than my tax rate), and since short-term capital gains and long-term capital gains are rolled up from Schedule D onto one line on the 1040, how/where is the long-term capital gains tax rate calculated and applied to the long-term capital gains (which this will be)?

Expert Alumni
Mar 12, 2025 1:54:04 PM

Included in your tax return, you will have a Qual Div/Cap Gn Wks (qualified dividend/capital gain worksheet) that will show how the tax was calculated.       

 

On the Form 1040 Worksheet, there is a Tax Smart Worksheet that will show you what worksheets were used to calculate your tax if the tax table was not used.