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 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.

What is the inherited capital gains tax loophole? ›

When someone inherits investment assets, the IRS resets the asset's original cost basis to its value at the date of the inheritance. The heir then pays capital gains taxes on that basis. The result is a loophole in tax law that reduces or even eliminates capital gains tax on the sale of these inherited assets.

How do I reduce capital gains tax on an inherited property? ›

Here are five ways to avoid paying 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. Disclaim the inherited property. ...
  5. Deduct selling expenses from capital gains.

How do you determine the fair market value of inherited property? ›

Tax assessment records and local realtors can help you, but the most legally defensible estimate is from a professional appraiser. With a professional appraisal of the property, you can make sure you're being treated fairly by the executor and other heirs—and you can decide whether to sell.

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.

How is sale of inherited property split between siblings taxed? ›

For Example: If two siblings inherit a home of a deceased parent, each sibling would claim their portion of the inheritance on their own individual tax returns. Each sibling would report 50% of the selling cost, proceeds, and basis on the Schedule D.

How much capital gains tax will I pay on an inherited stock? ›

Because heirs will not have to pay capital gains taxes on stock that are unsold at the time of a decedent's death, benefactors should resist the urge to sell off the equities they plan to bequeath to their heirs during their living years.

Is money received from the sale of inherited property considered taxable income? ›

We used Ask Blue J to write a response: Money received from the sale of inherited property is generally not considered taxable income in the traditional sense. However, the sale of such property is usually treated as the sale of a capital asset, which means it may be subject to capital gains (or loss) treatment.

What is the most you can inherit without paying taxes? ›

There is a federal estate tax, however, which is paid by the estate of the deceased. In 2024, the first $13,610,000 of an estate is exempt from the estate tax. A beneficiary may also have to pay capital gains taxes if they sell assets they've inherited, including stocks, real estate or valuables.

What expenses can you deduct when selling an inherited home? ›

Out of the following, what expenses are allowed - interior repairs and painting, interior cleaning, exterior power washing, new HVAC and new appliances. All of the repairs, maintenance, and improvements to the property can be added to the basis of an inherited property when determining the gain (or loss) on the sale.

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.

What is the holding period for inherited property? ›

Inheritances — Your holding period is automatically considered to be more than one year. So, when you sell the inherited stock, it's subject to long-term capital treatment. This applies regardless of the actual holding period.

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

The tax liability for capital gains is calculated by subtracting the original purchase price of a taxable asset from the price it sells for. But the original purchase isn't used to calculate your tax liability when you sell an inherited home. Instead, the IRS lets you use something known as a “stepped-up cost basis.”

What is the general rule for the basis of 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 I need to report inheritance to the IRS? ›

Inheritances are not considered income for federal tax purposes, whether you inherit cash, investments or property. However, any subsequent earnings on the inherited assets are taxable, unless it comes from a tax-free source.

How do you determine tax basis on 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)).

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. ○ If you sold your assets for less than you paid, you have a capital loss.

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