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Tax Talk with George Saenz

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Taxes on an inherited home

Dear Tax Talk:
My recently-deceased mother and also-deceased cousin purchased a home together in 1974 for $25,000. When my cousin died in 1980, my mother had my name put on the deed as I was living at home at the time. We were listed as joint tenants.

I got married in 1993, moved out of the home and purchased a home with my now ex-husband. My mother passed away last year. At the same time, my ex quitclaimed our house to me. I sold both of them in the same month last year.

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I sold my mother's home for $130,000, purchased a home of my own for $204,000, and put $110,000 of the sale of my mother's home into my new home. With the remaining money, I purchased a few things for my new home.

My tax adviser tells me that I owe about $24,000 to the Internal Revenue Service (20 percent of the selling price) because my mother's home was not my primary residence. Not only was my name on the deed of the home, but my mother left a will in which she left all her possessions to me. Do I really owe the IRS $24,000?
Karina

Dear Karina:
When you inherit property, your basis for tax purposes in computing gain or loss is the value of the inherited property at the time of the decedent's death.

What complicates matters in your case is that you were a joint owner on the title of the property, so technically you only inherited half of the property. If this were the case, you would only get a step-up to value on your mother's half of the property.

However, since you never contributed to the purchase of the property, your basis is the full value of the house at her death. Since she recently passed away, you probably have no gain on the sale, which means you don't have to pay $24,000 to the IRS. I'd look for another tax adviser familiar with the rules of Internal Revenue Code Section 2040.

-- Posted: Feb. 12, 2002

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See Also
Capital gains on an inherited house
Taxes on an inheritance
Life and Money: Life-changing events
More tax adviser stories
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