Author Topic: Tax from home sale  (Read 2332 times)

forummm

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Tax from home sale
« on: January 10, 2025, 09:25:52 PM »
My parents need to sell their house, and it's appreciated a lot in 30 years. I'm aware of the $500k primary home capital gain exclusion. And that they can subtract realtor fees and other closing costs they have from the transaction. But after subtracting those transaction costs and the exemption as well as the original purchase price, there will still be a quarter million dollar long term capital gain. It appears this is taxable. Is there any way to decrease the amount of the gain further? I know that the standard deduction plus the 0% LTCG bracket will eat up most of that gain (they have no other taxable income).

My dad is notably aggressive with tax minimization. What are the realistic chances something happens if he just doesn't report the sale?

Thanks!

forummm

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Re: Tax from home sale
« Reply #1 on: January 10, 2025, 09:41:08 PM »
They have done some remodeling, but they did it themselves (my dad is a contractor). And I'm sure they didn't keep receipts. Made the house a little bigger (no new rooms, just moved a wall out). Granite countertops.

seattlecyclone

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Re: Tax from home sale
« Reply #2 on: January 13, 2025, 04:50:34 PM »
Hey @forummm, nice to see you around here!

If they have any unrealized capital losses they could harvest those to offset the gain from the house. Any receipts they may have saved from the improvements would certainly help as well. Beyond that I don't think there's a magic bullet. The closing agent will generally be required to file a Form 1099-S with the IRS reporting the amount of the transaction. Omitting a quarter million dollars of income from your tax return is generally not the smartest idea in the world.

secondcor521

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Re: Tax from home sale
« Reply #3 on: January 13, 2025, 06:03:09 PM »
seattlecyclone is (of course) correct; the IRS will catch it if your Dad doesn't report the sale because of the 1099-S (which you can probably find in their closing/escrow paperwork somewhere).  The IRS will computer match against his SSN and send him a love letter if it's missing from his 8949 / Schedule D.

I personally take the position that it is perfectly acceptable in situations like this to adjust the basis for any home improvements made (see IRS Pub 523 for the appropriate examples and limitations) even if you don't have the receipts.  If your parents spent $10K on granite countertops, then they're (usually) entitled to the basis adjustment of $10K.  The caveat is, of course, if they get audited and cannot produce receipts to document the adjustment then the IRS auditor may (probably will) disallow the adjustment and they'd owe the additional taxes plus interest.  The other caveat is that without the receipts you may have to reconstruct data based on memory and perhaps old bank records or similar and you need to be reasonable in your estimates.  Bad record keeping is not tax evasion, although overestimating expenses without receipts would be (IMHO).

Another idea for you:  Most people don't save purchase records that long, but certain closing costs on the *purchase* of the property are adjustments to basis in addition to certain closing costs on the *sale* of the property.  See IRS Pub 523, Worksheet 2, Line 4.

The other obvious idea is for them to hold onto it until one or both pass away and the survivor or beneficiaries receive a step up in basis to current FMV.  You've probably thought of that option already and it may not be viable.  But depending on their life expectancies, state of residence, unrealized gain on the property, ability/inclination to borrow, it could pencil out to borrow against the home instead of sell.  There are obvious risks to this idea also.
« Last Edit: January 13, 2025, 06:06:20 PM by secondcor521 »

forummm

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Re: Tax from home sale
« Reply #4 on: January 13, 2025, 07:52:48 PM »
Thanks, those are helpful ideas. And my dad will be thrilled to take some deductions even without receipts. He probably remembers about how much he spent or thinks he spent. And might have the actual closing costs documentation for the purchase.

It would be much easier to just have them stay in the house. But they didn't make great financial decisions and it's their only asset and they have a decent size mortgage and simply can't afford to stay there without working a lot more (and my dad's non-interest in working is part of what got them to senior citizen status without any savings). The interest on the mortgage for a couple years will exceed the tax due.

It's good to know about the 1099-S. If he knows that it should repress temptation.

AMandM

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Re: Tax from home sale
« Reply #5 on: February 04, 2025, 07:55:21 AM »
I personally take the position that it is perfectly acceptable in situations like this to adjust the basis for any home improvements made (see IRS Pub 523 for the appropriate examples and limitations) even if you don't have the receipts. 

My father is dealing with a similar situation. His tax accountant told us that good faith estimates for past improvements are fine. We are using current quotes for the work, discounted by inflation.

Much Fishing to Do

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Re: Tax from home sale
« Reply #6 on: February 13, 2025, 05:53:59 AM »
Research it, but I recall being surprised to discover a new roof usually counts as an improvement that can be used to offset the gain, so assuming he's had it replaced at one point throw in an estimated cost of that as it is usually significant.

Yeah, make a list with reasonable estimates (and since he's still there, take pictures of the improvements, that might actually help a lot with an auditor still accepting it if it did come to that). In the end, as long as one is honest, for all tax deductions I figure out how much things like this lowers the taxes (and add 20%) and accept that's what an auditor may want back in the next few years for my records keeping failure.  What this approach did was make me save all HUGE receipts no matter what it is.
« Last Edit: February 13, 2025, 06:07:02 AM by Much Fishing to Do »

sonofsven

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Re: Tax from home sale
« Reply #7 on: February 26, 2025, 04:56:12 AM »
Research it, but I recall being surprised to discover a new roof usually counts as an improvement that can be used to offset the gain, so assuming he's had it replaced at one point throw in an estimated cost of that as it is usually significant.

Yeah, make a list with reasonable estimates (and since he's still there, take pictures of the improvements, that might actually help a lot with an auditor still accepting it if it did come to that). In the end, as long as one is honest, for all tax deductions I figure out how much things like this lowers the taxes (and add 20%) and accept that's what an auditor may want back in the next few years for my records keeping failure.  What this approach did was make me save all HUGE receipts no matter what it is.
Take measurements, too. Then you'll have square foot numbers, which auditers/adjusters love.

 

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