3684784
Sold my mom's property three years after her death, due to developer's requirement to process all zoning changes, etc. Capital gains are $2 million. If the estate pays, I believe the rate is about 35 percent. If we split the property (four heirs), each heir would be responsible for $0.5 million of the capital gains. Yes, K-1 forms required. Two CPA's gave different advice. One said that each heir would count that $0.5 million as personal capital gains, and hopefully be taxed at a lower individual rate than the estate rate. The other one said that each heir would still need to pay about 35 percent, as that was the estate rate. Each heir could save significant savings if the estate capital gains were taxed at personal rates. Which CPA is right?
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Long-term capital gain so the tax rate is capped at 20% plus the 3.8% NIIT (potentially).
Having said that, you're almost always better off letting the individual beneficiaries assume the tax liability since the estate/trust income tax rates are highly compressed.
the correct answer was by the one that said that each heir would count that $0.5 million as personal capital gains, and hopefully be taxed at a lower individual rate than the estate rate. the 1/2 mil capital gains passed from the estate would be taxed no differently at the individual level as if each had a 1/2 mil long-term capital gain from a publicly held stock.
the tax each would pay depends on their other taxable income, whether they are subject to state income taxes, whether their net investment income subjects them to the net investment income tax. there could be other items affecting the taxes they would pay.
considering the amount involved, think about having all of you sitting down with a tax planner to get more precise info.
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The Uniform Principal and Income Act generally dictates that capital gains are corpus and they stay within the trust/estate unless the decedent's living trust or will says capital gains can be distributed to the beneficiaries.
Without such directive, who was listed as the seller on the final escrow closing statement? If the estate was the seller, the sale must be reported on the estate's 1041. If the heirs were the sellers, then the heirs would report their pro-rata shares on their respective 1040. In this letter case, there should be four sets of final escrow closing statements, one for each heir.
If the property has not been sold yet, the successor trustee/executor can distribute the properties to the beneficiaries and have the beneficiaries sell the property.
In the final year of the estate, even without such a directive, I believe the capital gains can be distributed to the beneficiaries and have the beneficiaries pay the capital gain tax on their 1040. See § 1.643(a)-3 below.
Did you adjust the cost basis using the stepped-up market value as of the date of death + closing costs to arrive at the $2 million capital gain?
As to the capital gains tax rate for the estate, here's what the IRS Form 1041 instruction says:
Instructions for Form 1041 and Schedules A, B, G, J, and K-1 (2024) | Internal Revenue Service
Capital gains and qualified dividends.
For tax year 2024, the 20% maximum capital gains rate applies to estates and trusts with income above $15,450. The 0% and 15% rates apply to certain threshold amounts. The 0% rate applies to amounts up to $3,150. The 15% rate applies to amounts over $3,150 and up to $15,450.
The final year of an estate-special rules. (estate planning) (column)
In case of a net capital gain, the estate would pay tax on the income. (General rule)
Under the terms of Trust's governing instrument, all income is to be paid to A during the Trust's term. When A reaches 35, Trust is to terminate and all the principal is to be distributed to A. Because all the assets of the trust, including all capital gains, will be actually distributed to the beneficiary at the termination of Trust, all capital gains realized in the year of termination are included in distributable net income. See § 1.641(b)-3 for the determination of the year of final termination and the taxability of capital gains realized after the terminating event and before final distribution.
Thank you all for your very clear answers. Yes, I did account for the stepped-up basis. The property was professionally appraised after the death of each parent, but the work the developer did in the past three years greatly increased the selling price. Yes, the estate (not four heirs) sold the property. I will pursue the nuances mentioned in these posts, but have a much better understanding of how this is handled now. Greatly appreciate all of these replies, and so quickly!
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