Capital Gains Tax on Inherited Property | BHHS Fox & Roach (2024)

If you’ve recently inherited a house, it’s important to understand your tax liability before you decide to move in, renovate, or sell.

Capital gains on inherited property work a little differently than other assets. When you sell the home, your entire profit isn’t taxable. Instead, you’re taxed on the property’s sale price minus its market value on the date of the owner’s death.

To help you make the most of your inheritance, we’ll explain how to calculate the capital gains tax on inherited property, strategies to reduce or avoid the tax, and how to report the sale on your tax return.

Do I Have to Pay Capital Gains Tax on an Inherited Property?

Let’s clarify your biggest question first – Does capital gains tax apply to inherited property? The answer is yes, but only if you’ve made a capital gain from the sale of the home. In other words, the home’s sale price was higher than the market value (as assessed on the date you inherited the property).

But don’t worry – if you’re liable for capital gains tax, there are some ways you can reduce the impact, which we’ll cover shortly.

How is Capital Gains Tax Calculated on Inherited Properties?

To calculate capital gains tax liability, you begin with the tax basis (sometimes called cost basis) of the inherited property. This is the original purchase price of an asset, plus any improvements. Fortunately, when you inherit property, this amount is “stepped up.” That means the tax basis is bumped up to its fair market value as of the property owner’s death.

Let’s look at an example. John inherited his mother’s home after she passed away. When she bought the home in 1975, it cost $100,000. Over the last 45 years, she put $50,000 worth of improvements into the property, for a tax basis of $150,000. When John has the house appraised, it’s worth $300,000. Based on this scenario, what are the tax consequences for selling an inherited home?

If he sells the house for that same price ($300,000), he would have no capital gains. And therefore, no capital gains tax. If he made some improvements, and sold it for $330,000, he would have capital gains of $30,000. That’s the taxable amount.

How Can I Avoid Paying Capital Gains Taxes on Inherited Property?

If you’re anticipating capital gains from selling your inherited house, there are three ways you can reduce or avoid the capital gains tax.

The Section 121 Exclusion

The Section 121 Exclusion allows a taxpayer to exclude up to $250,000 ($500,000 for joint returns) of the capital gain from the sale if they live in the property for at least two of the five years before the sale. In other words, the inherited home must be your primary residence.

Wait One Year Before Selling Inherited Property

If you wait to sell your inherited property for at least one year, the IRS considers it a long term capital gain, which has more favorable tax rates. If you sell the house within a year, it’s a short term gain. That means you add your capital gains to your income. This could be especially expensive if it pushes you into a new tax bracket. If you’re not sure, it’s a good idea to speak with a tax professional.

Deduct Selling Expenses from Capital Gains

You can reduce your capital gains by subtracting any expenses incurred from preparing the house for sale or closing costs. For example, if you sell the home for $500,000 and its fair market value on the date of your inheritance was $450,000, you have $50,000 in capital gains. You can reduce this by subtracting the closing costs of $40,000, leaving you with $10,000 in capital gains.

How to Report the Sale of Inherited Property on Your Tax Return

You’ll report your inherited property in the calendar year of the sale, not the year you inherited the home. Follow these steps:

  1. Calculate your capital gain (or loss) by subtracting your stepped up tax basis (fair market value of the home) from the purchase price.
  2. Report the sale on IRS Schedule D. This is the form for documenting capital gains or losses.
  3. Copy the gain or loss over to Form 1040. Keep in mind – you cannot use 1040A or 1040EZ in the year you sell the property.
  4. Attach Schedule D to your return when you submit to the IRS.

While selling your inherited home can result in a capital gains tax, you won’t be liable for the full sales price of the property. And now that you understand the nuances of inherited property and capital gains tax, you can plan ahead so you’re not surprised at tax time.

Capital Gains Tax on Inherited Property | BHHS Fox & Roach (2024)

FAQs

How to avoid capital gains tax when selling inherited property? ›

How to Avoid Paying Capital Gains Tax on Inheritance
  1. Sell the inherited property quickly. ...
  2. Make the inherited property your primary residence. ...
  3. Rent the inherited property. ...
  4. Disclaim the inherited property. ...
  5. Deduct selling expenses from capital gains.

How do I calculate taxes on the sale of inherited property? ›

If you inherit property or assets, as opposed to cash, you generally don't owe taxes until you sell those assets. These capital gains taxes are then calculated using what's known as a stepped-up cost basis. This means that you pay taxes only on appreciation that occurs after you inherit the property.

How do you calculate capital loss on inherited property? ›

The amount realized is the sales price minus any seller-paid settlement costs. You'll only report your share — 1/3 of the amount realized. If your share of the amount realized is less than your basis, you'll have a capital loss on inherited property.

Do you have to pay taxes on money inherited from a trust? ›

Trust beneficiaries must pay taxes on income and other distributions from a trust. Trust beneficiaries don't have to pay taxes on returned principal from the trust's assets. IRS forms K-1 and 1041 are required for filing tax returns that receive trust disbursem*nts.

Do I have to pay capital gains if I inherit my parents house? ›

The Bottom Line

When you inherit property, the IRS applies what is known as a stepped-up cost basis. You do not automatically pay taxes on any property that you inherit. If you sell, you owe capital gains taxes only on any gains that the asset made since you inherited it.

Do you have to pay capital gains on the sale of a house you inherited? ›

When you inherit a house, you typically aren't taxed until you sell it — only then will you pay capital gains tax on any profit made.

How do you prove basis in inherited property? ›

The basis of property inherited from a decedent is generally one of the following: The fair market value (FMV) of the property on the date of the decedent's death (whether or not the executor of the estate files an estate tax return (Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return)).

Do you get a 1099 when you sell an inherited house? ›

Your share of sales proceeds (generally reported on Form 1099-S Proceeds From Real Estate Transactions) from the sale of an inherited home should be reported on Schedule D (Form 1040) Capital Gains and Losses in the Investment Income section of TaxAct.

What happens when I inherit my parents house? ›

Whether you've inherited a home by will or as a beneficiary of a trust, you'll likely have some decisions to make about what to with the property. In most situations, the beneficiaries of an inherited house will choose from the following options: Sell it. Keep the house for personal use or as a rental property.

How much can you inherit without paying federal taxes? ›

Many people worry about the estate tax affecting the inheritance they pass along to their children, but it's not a reality most people will face. In 2024, the first $13,610,000 of an estate is exempt from taxes, up from $12,920,000 in 2023. Estate taxes are based on the size of the estate.

How do I calculate capital gains on sale of property? ›

Subtract your basis (what you paid) from the realized amount (how much you sold it for) to determine the difference. If you sold your assets for more than you paid, you have a capital gain.

What is the holding period for inherited property? ›

The holding period for property is the length of time that the taxpayer owned the property before disposing of it (IRC § 1223).

Does the IRS know when you inherit money? ›

Inheritance checks are generally not reported to the IRS unless they involve cash or cash equivalents exceeding $10,000. Banks and financial institutions are required to report such transactions using Form 8300. Most inheritances are paid by regular check, wire transfer, or other means that don't qualify for reporting.

Does inheritance count as income? ›

Inheritances are not considered income for federal tax purposes, whether the individual inherits cash, investments or property.

Do I need to report inheritance to IRS? ›

In general, any inheritance you receive does not need to be reported to the IRS. You typically don't need to report inheritance money to the IRS because inheritances aren't considered taxable income by the federal government. That said, earnings made off of the inheritance may need to be reported.

Can you deduct loss on sale of inherited house? ›

In some cases, courts have allowed deductions for losses on an inherited home if the beneficiary also lives in the home. In order to deduct such a loss, a beneficiary must try to sell or rent the property immediately following the decedent's death.

What is the 6 month rule for step up basis? ›

For inheritances, the basis is the fair market value of the asset at the time of the donor's death (or six months afterward, if the executor elects the alternative valuation date). This is the stepped-up basis).

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