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Returning Member
posted Feb 23, 2025 10:43:42 AM

Sale of inherited property is showing as short term capital gain

We inherited mom's home after her death, and converted it to a rental property LLC in 2010. We sold the rental in 2024, hence closing the LLC as well. The form K-1 and resulting 4797 in TT is reporting the gain as short term in part II on 4797, where it should instead have been reported as long term in Part I.

In filling in TT, we are using the term "Inherited" as the "date acquired", and the sale date as 2024.

How do we get this income reported correctly on form 4797 as long term?

0 3 1762
3 Replies
Level 15
Feb 23, 2025 10:45:11 AM

for date acquired use the word inherited. 

Returning Member
Feb 23, 2025 10:47:22 AM

We entered the word "Inherited" as the date acquired, but still showing as short term gain as result. How do we fix this?

Returning Member
Feb 23, 2025 11:00:50 AM

More information provided here:

Using K-1, we reported the following:

Sale Price 140K

Selling Expense: 68K

Partnership basis: 68K

Ordinary gain: 75K

The property was inherited, and turned in to LLC rental in 2010, and sold in 2024.

Reporting the "acquired date" as "Inherited", and sale date as 2024 is reporting the sale as long-term capital gain on schedule-D but shows as short-term gain on form 4797 part II. Is this correct? Should it now instead have been reported as long term on 4797 part I instead?

What are we doing wrong?