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Sale of quit claim property that was an inheritance

In 2013 my father and mother quit claimed deed a property that my dad and I had used together for years just before he passed as my inheritance so there was no issues with other siblings.  I sold that property this year and am trying to figure out how to do it on my taxes.

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8 Replies

Sale of quit claim property that was an inheritance

You need to provide more details and should consult with local legal and tax counsel.

 

Regardless, one factor that would be relevant is how you and your father held title to the property (e.g., as joint tenants with rights of survivorship, tenants in common, et al).

Sale of quit claim property that was an inheritance

the title was in my parents name until it was switched to me.  it was used for my livestock until I bought another place and therefore no longer needed it.

Sale of quit claim property that was an inheritance

I had done a lot of upgrades and work to it before and after it was in my name.  Property was worth between 35-40k and was sold for 65k 8 years after I got it

Sale of quit claim property that was an inheritance


@RogerMR wrote:

the title was in my parents name until it was switched to me.  it was used for my livestock until I bought another place and therefore no longer needed it.


Was it deeded to you by in severalty (i.e., you were the only individual on title) or did you hold title with your father? If your father was on title, how was title held (e.g., joint tenancy with rights of survivorship or tenants in common)? 

 

 

Sale of quit claim property that was an inheritance

Title was put in my name only as he passed not long after the fact.

Sale of quit claim property that was an inheritance

@tagteam 

As the other expert indicated, you may want to review the transaction with a tax professional. Here is the worst case scenario:


If the property was an unconditional gift and you received full title to the property at the time of the gift, then you also received your father‘s cost basis in the property. His cost basis is what he originally paid, plus any improvements that you can prove.  Then, you can further increase your cost basis by the cost of improvements that you can prove.  Your capital gains is the difference between the selling price and your adjusted cost basis.  The fair market value of the property on the date it was transferred to you, or on the date your father passed away, has no bearing on the matter.

 

Improvements are permanent changes to real property (meaning land and anything permanently attached to the land) that increases the value of the property.  You can only adjust your basis by the costs of the improvements, you cannot consider the value of your own labor. For example, if you built a hunting cabin on the land with your own labor, you could only include the cost of materials.  A new fence would be an improvement, but making repairs to the fence only maintains the value of the property rather than increasing the value of the property, so maintenance and repairs are not adjustments to cost basis.

 

If you claim an adjusted cost basis based on the value of the improvements that you and your father made, and you are unlucky enough to be audited, the IRS will not award you any basis adjustment that you can’t prove.

 

If your father retained a life estate, or you jointly owned the property, your basis calculation would be different, and you would probably have a higher basis and a lower capital gain, so it might be to your advantage to have the deed of transfer reviewed by a tax professional.

Sale of quit claim property that was an inheritance

where on turbo tax do I do all of this or can I??

Sale of quit claim property that was an inheritance

@RogerMR 

You’re looking for the Wages and Income page under Sales of Stocks and Other Investments.  If you are using TurboTax online, you need to be in the Premier or Self-employed version.

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