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Returning Member
posted Jun 6, 2019 12:58:11 AM

I inherited a home via a trust and lived in it for 2 years, & sold it. I have K-1 income but want to take sec 121 exemption. How to make this adjustment on my return?

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5 Replies
Level 15
Jun 6, 2019 12:58:12 AM

"How to make this adjustment on my return?"

You should consult with a tax professional to determine if the type of trust in question qualifies as a grantor trust.

The only instance where a taxpayer can claim the Section 121 exclusion, when the house is in a trust, is when the trust is a grantor trust (see Treas. Reg. §1.121-1(c)(3)).

Returning Member
Jun 6, 2019 12:58:13 AM

It was a revocable living trust until my parents passed away, so it was a Grantor trust, but does that change after death?

Level 15
Jun 6, 2019 12:58:14 AM

It does change; the trust became irrevocable (nongrantor) after they passed. I suggested consulting with a professional because there may be options here if you are the only beneficiary and have lived in the house for 2 out of the last 5 years.

Returning Member
Jun 6, 2019 12:58:15 AM

There is one other beneficiary, my sister, but she did not live in the house.

Level 15
Jun 6, 2019 12:58:16 AM

That makes a difference. However, you may not have as much tax liability as you might think.

Your basis in the house is the fair market value as of the date of death of your parents (it doesn't matter that the property was in a grantor trust). So, you may have little or no gain.