Author Topic: ? about inheriting property and step-up in basis  (Read 1491 times)

Mr. Green

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? about inheriting property and step-up in basis
« on: September 02, 2021, 07:40:38 PM »
My mother is inheriting property from her recently deceased father. She is the executor of the estate and is about to put the property on the market. The house is being sold as "the estate of" vs. my mother taking title of the property first. My question is about when the step-up in basis happens. Does that automatically happen when someone dies and the estate receives the step-up in basis which is then paid out in accordance with the will? Or does the title have to pass to the heirs first before the sale?

Additionally, my grandfather's CPA is telling my mother that if she sells the house as "the estate of" she won't have to worry about taxes until next year. That seemed odd to me that the sale would happen this year but the taxes wouldn't be due until next year. Is this because the taxes don't come due until the estate settles?

Mom has some annuities and other financial instruments that I'm helping her sort through for end of year and I'm trying to make sure she doesn't get told something incorrect that causes her to make a bad choice for some of the other financial bits. I know the CPA is probably right but I'm trying to understand the underlying reason.

Anyone here that could speak to this?

seattlecyclone

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Re: ? about inheriting property and step-up in basis
« Reply #1 on: September 02, 2021, 08:00:47 PM »
Not an expert on this. My understanding is that the estate will file its own tax return for any income it realizes before distributing the property to the heirs. The estate can declare its own tax year to be something other than the calendar year, so the taxes could very well be due sometime next year. The basis of that property will be the fair market value on the date of the death. I would be surprised for any tax to be owed on the sale of this residence though. The basis has already been stepped up to the fair market value. This basis would then be compared to the net sales price after paying realtors and certain other closing costs to see if there's a taxable gain. Unless the house appreciated pretty significantly between the date of death and the date of sale the estate will probably realize a loss on it. Whether the estate would be able to deduct this loss is a separate question that I'm not going to take a stab at right now.

Mr. Green

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Re: ? about inheriting property and step-up in basis
« Reply #2 on: September 02, 2021, 08:56:56 PM »
@seattlecyclone So if the estate pays the taxes then does that mean the money due to heirs at the close of the estate passes free and clear with no further reporting needed on individual tax returns?

For tax-related projections, could I model the estate like a single person? Is that how that would be viewed?

seattlecyclone

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Re: ? about inheriting property and step-up in basis
« Reply #3 on: September 02, 2021, 09:38:42 PM »
Yeah the estate is its own entity. I'd expect that if it realizes income in its own name the heirs wouldn't need to pay tax on that income again.

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Re: ? about inheriting property and step-up in basis
« Reply #4 on: September 08, 2021, 02:16:45 PM »
I dealt with this a few years ago. Have the Estate sell the property and list the sales price as the cost basis for taxes and the Estate inventory. Unless there has been a great deal of time between the death and sale no one is going to question the cost basis.

The Estate will need to get an EIN from the IRS and file taxes for any income and cap gains that has been received but as seattlecyclone points out the transaction costs can be deducted you can actually carry over a cap gains loss and distribute it out to the inheritors in the final Estate tax filing.

secondcor521

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Re: ? about inheriting property and step-up in basis
« Reply #5 on: September 08, 2021, 04:18:02 PM »
@seattlecyclone So if the estate pays the taxes then does that mean the money due to heirs at the close of the estate passes free and clear with no further reporting needed on individual tax returns?

For tax-related projections, could I model the estate like a single person? Is that how that would be viewed?

The following relates to *income* that your grandfather or his estate receive, whether that's capital gains, dividends, interest, business income, W-2 income, etc:

Everything that happened up to your grandfather's date of death is reported on his final income tax returns - federal and state if applicable.  The executor should be able to sign or e-file these returns, and they're due on the normal schedule.  If there are any refunds, I think there's an extra form to fill out to claim it on the federal level.  The refund would become a part of your grandfather's estate and be distributed according to the terms of his will (or state intestacy laws if he died intestate).

Anything that happens after distribution of assets to the beneficiaries is income and taxed on the beneficiaries' income tax returns.

Anything happening after his death and before distribution of assets (including things such as the sale of the house, if that's the way things end up happening) would be reported on his estate income tax return on Form 1041, which would be filed in the name of his estate and with the estate's EIN.

Form 1041s are due on the same schedule as Form 1040 if the estate uses calendar year reporting.  Otherwise, I'd point you to the "When to File" section of instructions for Form 1041 (page 8 on the 2020 instructions) if you want to explore a short or non-calendar-year tax year.

Form 1041s are sort of like a 1040 but differ in a lot of ways.  Two key differences are that the standard deduction for an estate is only $600 instead of the ~$12K - ~$15K standard deduction for a single person, and the trust tax rates and brackets are much more aggressive - see the Form 1041 instructions for the brackets...they're buried in the instructions for Schedule G line 1a.

If the house is sold as you described, the sale of the house would be reported on the Form 1041 Schedule D (which looks very similar to a regular Form 1040 Schedule D) and flow to Form 1041 line 4.  The estate may be able to, and may want to, distribute any capital gain or loss to the beneficiaries of the estate.  This would be done on Form 1041 Schedule B via the Income Distribution Deduction and via Form 1041 K-1s.  There will be one K-1 for each beneficiary.  This would have the effect of having the proportional capital gain or loss be reported on the beneficiaries' tax returns instead of the estate income tax return.

What seattlecyclone says above and what you suspect is accurate though - any capital gain or loss is either done on the estate tax return or the beneficiaries' tax returns, not both.

Any dividends, interest, or other income that your grandfather's estate might receive would also be reported on the estate's form 1041.  There are deductions on the estate tax return for legal and tax preparation fees associated with the estate.

If your grandfather's estate has less than $600 in taxable income *and* you don't want to distribute estate income to the beneficiaries, then I think you are not required to file an estate income tax return.

If his estate files a federal estate income tax return, his executor might also need to file a state estate income tax return.  In my state this is Form 66.

The following relates to the *assets* of your grandfather and his estate:

If your grandfather's taxable estate was over $11.7M or over his state's applicable estate tax limit, then the executor would typically also need to file an estate tax return for either federal or state or both, as applicable.  The federal estate tax return is Form 706.  My state doesn't have a state estate or inheritance tax.  Form 706s are due, when applicable, 9 months after his date of death.

Some states impose inheritance taxes on the recipients.  If your mom is a beneficiary, for example, she should check her state's inheritance tax laws and see if she needs to pay this tax.  These are not common.

After any income taxes are paid by him on his final form 1040 and state income tax return, and after any estate income taxes are paid by his estate, and after any estate taxes are paid by his estate, and other than any inheritance taxes the beneficiaries might have to pay, then the transfer of assets is not taxed.

HTH.
« Last Edit: September 08, 2021, 04:24:49 PM by secondcor521 »

SeattleCPA

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Re: ? about inheriting property and step-up in basis
« Reply #6 on: September 10, 2021, 09:44:53 AM »
My question is about when the step-up in basis happens. Does that automatically happen when someone dies and the estate receives the step-up in basis which is then paid out in accordance with the will? Or does the title have to pass to the heirs first before the sale?

At death.

Additionally, my grandfather's CPA is telling my mother that if she sells the house as "the estate of" she won't have to worry about taxes until next year. That seemed odd to me that the sale would happen this year but the taxes wouldn't be due until next year. Is this because the taxes don't come due until the estate settles?

No, it's because the CPA is smart about the fiscal year. Here's how this works. Grandpa died, say, in February of 2021. The CPA will use a fiscal year that ends January 31 2022. That means the K-1 from the estate--the K-1 with the gain or (probably) the loss on the sale of the house--will go on the 2022 tax return.

BTW the home sale works like this. Grandpa bought the house for $20K in 1965. When he passed away, it was worth, like $800K. You guys sold it for, say, $900K But that was before taking out the selling commissions and expenses which were $50K. So the transaction looks like this.

Gross sales price: $900K
Less expenses: -$50K
Less basis of: -$800K
Gain equals $50K

That $50K probably gets allocated to the heirs of Grandpas estate. E.g., if there are five equal heirs, everybody gets a K-1 with $10K of gain from the house sale.

Just to loop back to one of the original questions: This activity all appears on an estate income tax return that reports on income and deductions from the date Grandpa died in February 2021 through January 31, 2022. That K-1, which will come out sometime in 2022 shows income and deductions that go on the heirs 2022 tax returns.

Mr. Green

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Re: ? about inheriting property and step-up in basis
« Reply #7 on: September 12, 2021, 07:27:13 PM »
Thanks @seattlecyclone @SeattleCPA @secondcor521 for the responses. This was very helpful.

I'll provide a little more context in case this subject could be helpful to someone else in the future. My grandfather passed with several annuities of significant value, along with three properties. I have been working through the tax ramifications of my mom taking the largest annuity as a lump sum. This will generate about 90k in gains. She has her normal job income already this year, plus she has started Medicare so she wants to know how higher income will impact her premiums. With capital gains of the properties being taxed as "the estate of" since that's how she and her brother prefer to sell them it is probably best for her to take that large annuity as a lump sum. The total value is 300k and as a single person, she would have to stretch the gains over almost 5 years to significantly reduce the amount of taxes she'll pay. Since all the gains have to come out first this delays her ability to invest the bulk of that annuity for several years. We can't predict the future but she is statistically much more likely to earn a better return by getting that money invested as soon as possible rather than waiting several years.

The estate is small enough that no estate or inheritance taxes will be paid at either the state or federal level.

On the estate taxation, I now understand what the CPA was saying. Though I suspect she might be better filing the sale of this first house as calendar year 2020 taxes. The death date was March 9, 2021 and it's quite possible the second home will be sold in the first two months of 2022. If this were the case it would be better for the estate to have income from one house in 2021 and another in 2022, vs. both in 2022. I'll have to look at Form 1041 tax brackets to see if there's any significant savings here. My grandfather's last year of taxes while living were filed this past spring so that's been taken care of. It'll just be estate tax filing from here on out. The siblings expect to sell all property before the estate closes so they don't have to deal with deed transfers. This would eliminate any property-related income on their own individual tax returns.

seattlecyclone

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Re: ? about inheriting property and step-up in basis
« Reply #8 on: September 12, 2021, 07:50:57 PM »
If your grandfather passed away in March 2021 I believe you may still need to file a 2021 tax return in his name. Good call looking into whether the fiscal year filing will actually save you money; splitting the estate's income across two tax years may prove to be cheaper, but with the tax brackets being so narrow for estates it's possible you wouldn't save much by doing this, and the fees for the CPA to prepare two tax returns could exceed the potential savings.

Mr. Green

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Re: ? about inheriting property and step-up in basis
« Reply #9 on: September 12, 2021, 09:51:51 PM »
If your grandfather passed away in March 2021 I believe you may still need to file a 2021 tax return in his name. Good call looking into whether the fiscal year filing will actually save you money; splitting the estate's income across two tax years may prove to be cheaper, but with the tax brackets being so narrow for estates it's possible you wouldn't save much by doing this, and the fees for the CPA to prepare two tax returns could exceed the potential savings.
Ah you're right about the 2021 tax filing. I'm sure my mom will have his CPA handle that next spring.

SeattleCPA

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Re: ? about inheriting property and step-up in basis
« Reply #10 on: September 13, 2021, 02:17:16 PM »
If your grandfather passed away in March 2021 I believe you may still need to file a 2021 tax return in his name. Good call looking into whether the fiscal year filing will actually save you money; splitting the estate's income across two tax years may prove to be cheaper, but with the tax brackets being so narrow for estates it's possible you wouldn't save much by doing this, and the fees for the CPA to prepare two tax returns could exceed the potential savings.
Ah you're right about the 2021 tax filing. I'm sure my mom will have his CPA handle that next spring.

I wonder if possibly you guys may be making two errors in your informal calculations here...

First, you probably won't have gains on the sale of properties. Their stepped up cost basis equals the sales price...

Second, the gains inside the estate will be distributed out won't they? The estate won't pay any income taxes on the gains. The heirs will...

secondcor521

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Re: ? about inheriting property and step-up in basis
« Reply #11 on: September 13, 2021, 04:30:09 PM »
If your grandfather passed away in March 2021 I believe you may still need to file a 2021 tax return in his name. Good call looking into whether the fiscal year filing will actually save you money; splitting the estate's income across two tax years may prove to be cheaper, but with the tax brackets being so narrow for estates it's possible you wouldn't save much by doing this, and the fees for the CPA to prepare two tax returns could exceed the potential savings.
Ah you're right about the 2021 tax filing. I'm sure my mom will have his CPA handle that next spring.

I wonder if possibly you guys may be making two errors in your informal calculations here...

First, you probably won't have gains on the sale of properties. Their stepped up cost basis equals the sales price...

Second, the gains inside the estate will be distributed out won't they? The estate won't pay any income taxes on the gains. The heirs will...

The executor will have a choice.  The gains can either be kept on the estate income tax return or distributed to the beneficiaries.  But yeah, in most cases it's probably better to distribute the capital loss via Form 1041 K-1s.

Mr. Green

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Re: ? about inheriting property and step-up in basis
« Reply #12 on: September 13, 2021, 10:46:46 PM »
The challenge is that my grandfather died just before the insane run up in home prices this spring. The first house will have very little gains after selling costs are added to the basis. However, the second house appraised lower than it should have. Unfortunately there were few comps the appraiser had to work with so there was really no way for him to adjust the value higher. As a result of that I suspect the second house will have 20-40k in gains after coasts are taken into account. The third property is a piece of land that is being subdivided into two. So there will definitely be gains there at some point. They're less pressed to sell the land because it's little hassle to maintain.

secondcor521

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Re: ? about inheriting property and step-up in basis
« Reply #13 on: September 14, 2021, 11:37:14 AM »
The challenge is that my grandfather died just before the insane run up in home prices this spring. The first house will have very little gains after selling costs are added to the basis. However, the second house appraised lower than it should have. Unfortunately there were few comps the appraiser had to work with so there was really no way for him to adjust the value higher. As a result of that I suspect the second house will have 20-40k in gains after coasts are taken into account. The third property is a piece of land that is being subdivided into two. So there will definitely be gains there at some point. They're less pressed to sell the land because it's little hassle to maintain.

For the capital gains, if they end up on the estate tax return, they'll probably end up at least partially in the 23.8% tax bracket (20% capital gains plus 3.8% NIIT), plus maybe some state estate income tax depending on where the property is located.  I'd compare that to the weighted average of the heirs' tax rates to decide whether to distribute it or not.