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

Capital Gains Tax on Inherited Property | BHHS Fox & Roach? ›

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.

How to avoid paying capital gains tax on inherited property trust? ›

How to Minimize Capital Gains Tax on Inherited Property
  1. Sell the inherited property quickly. ...
  2. Make the inherited property your primary residence. ...
  3. Rent the inherited property. ...
  4. Qualify for a partial exclusion. ...
  5. Disclaim the inherited property. ...
  6. Deduct Selling Expenses from Capital Gains.
May 4, 2023

Do I pay capital gains tax when I sell an inherited property? ›

This means that if you sell the inherited property immediately at its fair market value, you will have no profit to be taxed. If you sell it above fair market value or make improvements, it will go up in price and result in some taxable income, treated at the long-term gains rate even if you held it less than a year.

What is the inherited capital gains tax loophole? ›

The trust fund loophole lets you transfer assets to your heirs without paying the capital gains tax. High-income earners pay the highest capital gains tax rate. So, the loophole benefits them most. Politicians frequently try to close the loophole.

Is there capital gains tax on inherited property in Michigan? ›

You only pay capital gains tax on any appreciation after you inherit. If you want to avoid capital gains tax altogether, sell your house faster before its value appreciates.

Do trust beneficiaries pay capital gains tax? ›

The beneficiary will then, in turn, report the income on their individual income tax return. One exception to this general rule is related to capital gains. Typically, capital gains will remain taxable at the trust or estate level regardless of distributions made to beneficiaries.

Is property inherited from a trust taxable? ›

When you inherit property, whether through trust or will, you're taxed on the profit rather than the principal amount.

Do you have to pay capital gains after age 70? ›

Whether you're 65 or 95, seniors must pay capital gains tax where it's due. This can be on the sale of real estate or other investments that have increased in value over their original purchase price, which is known as the “tax basis.”

Do I have to report the sale of inherited property to the IRS? ›

Report the sale on Schedule D (Form 1040), Capital Gains and Losses and on Form 8949, Sales and Other Dispositions of Capital Assets: If you sell the property for more than your basis, you have a taxable gain.

Do I have to buy another house to avoid capital gains? ›

You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion. In addition, the 1031 like-kind exchange allows investors to defer taxes when they reinvest the proceeds from the sale of an investment property into another investment property.

What happens when you inherit a house from your parents? ›

Basically, the heir or heirs can choose to occupy it, sell it or rent it out. Here's a general breakdown of what each choice means: Occupying the home means it will stay in the family, which can be appealing if there are memories connected with the property.

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

Receiving a 1099-S for the sale of an inherited property does mean you need to report this transaction on your tax return. However, since it's an inherited property, the tax implications are a bit different from a regular property sale.

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.

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

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 I calculate capital gains tax on inherited property? ›

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. ...
  3. Copy the gain or loss over to Form 1040. ...
  4. Attach Schedule D to your return when you submit to the IRS.

Is there an inheritance tax on property in Michigan? ›

Michigan does not have an inheritance or estate tax, but your estate will be subject to the Wolverine State's inheritance laws.

How to avoid inheritance tax with a trust? ›

Certain types of trusts can help avoid estate taxes. An irrevocable trust transfers asset ownership from the original owner to the trust beneficiaries. Because those assets don't legally belong to the person who set up the trust, they aren't subject to estate or inheritance taxes when that person passes away.

What are the tax implications of transferring assets to a trust? ›

This transfer doesn't usually lead to an immediate tax obligation, meaning no tax is levied for merely changing the ownership. However, the trust, which now owns the stock, may become liable for taxes on dividends and capital gains from the stock.

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