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Level 1
June 7, 2019
Question

Sale of inherited property -- how do i divide the loss between myself and my sibling?

  • June 7, 2019
  • 3 replies
  • 90 views
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3 replies

June 7, 2019

If you each inherited 50% of the property, then you would only record 50% of the proceeds, selling cost and basis on your return to determine any gain or loss. You can find directions in the FAQ below AND by click on "How to enter my 1099-S" blue link at the bottom of the FAQ below.

Your sibling would include the other half. So, between both of your returns, you would have all of the proceeds, selling costs and basis recorded.

The inheritance itself is not taxable. However, since you sold the property, what matters here is the fair market value (FMV) of the property on the day it was deeded to you. If you sold it for more than the FMV, meaning you made a gain, then the gain is taxable. If you sold it at a loss, then you don't even need to report the sale, as you can't deduct that loss anyway, since it's inherited property.

BASIS DETERMINATION

A home's tax basis is determined in a different way when someone inherits a home after the owner dies. When you inherit property after the owner dies you automatically receive a "stepped-up basis." This means that the home's cost for tax purposes is not what the now-deceased prior owner paid for it. Instead, its basis is its fair market value at the date of the prior owner's death. This will usually be more than the prior owner's basis.

The bottom line is that if you inherit property and later sell it, you pay capital gains tax based only on the value of the property as of the date of death.

You can enter the sale of that inherited property by entering it using the directions below (as a sale of investment) JUST REMEMBER TO ENTER ONLY YOUR SHARE OF THE AMOUNTS:

https://ttlc.intuit.com/replies/4241480

Level 2
June 7, 2019
In the response above, it says "If you sold it at a loss, then you don't even need to report the sale, as you can't deduct that loss anyway, since it's inherited property."

However, in another response to a related question (<a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/3138189-do-i-have-to-claim-sale-of-inherited-house-as-income">https://ttlc.intuit.com/questions/3138189-do-i-have-to-claim-sale-of-inherited-house-as-income</a>), it says:

"If there is a capital loss and this was not the sale of a personal use property (which is not deductible), you can report the loss as a capital loss."

Can you clarify whether or not one can claim a capital loss on the sale of inherited property? Can you only NOT claim the loss if the property was used for personal use (e.g. you lived in the home and then sold it)?
Level 2
January 8, 2021

Where is this in the 2020 Turbotax.  What I found told me to go to the Investment Income >Stocks, Mutual Funds, Bonds, Other.  But it never asks me about the property being inherited so my loss is now showing as a deduction.

Level 2
January 23, 2021

My father passed away in December 2019 and left his house to me and my two siblings.  After emptying the house, we listed the house with a realtor in March and sold it in April for market value.  I believe that the fair value as of my father's date of death was equivalent to the net sales price - since it was only three months or so from the date of death to the market pricing - resulting in no gain or loss .  There was no estate tax filing since the estate was relatively small.  Is it necessary for my siblings and I to report our respective portions from this sale on Form 8949?

Critter-3
Level 15
January 23, 2021

I believe that the fair value as of my father's date of death was equivalent to the net sales price - since it was only three months or so from the date of death to the market pricing - resulting in no gain or loss .  Not the net ... the fmv is the actual sales price before expenses of sale so you will have a deductible loss. 

 

 

 

There was no estate tax filing since the estate was relatively small.  Is it necessary for my siblings and I to report our respective portions from this sale on Form 8949?  LOOK very closely in the closing papers for the 1099-S which reports the sale to the IRS ... whose name is on it ?   Or did they issue a 1099-S to each of you ?  And was it for the total sale price or did they divide it up between you ?    And you MUST report the sale ... failure to do so will get you an audit letter a couple of years from now.  

Level 2
February 16, 2021

I have a similar situation and form 1099-S indicates 50 percent gross proceeds paid to me. When I file taxes, do I list 100 percent or 50 percent of FMV at time of death as the cost basis?