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June 6, 2019
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How to report sale of rental house with stepped up basis and remove prior deprieciaion after death of spouse

  • June 6, 2019
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Best answer by view2

Depends on your individual circumstances that would effect the tax reporting.

If the property  is held as community property, the entire interest in the house gets a step in basis to the current FMV.

 If the property is held “with rights of survivorship” then the house passes immediately to the survivor which in turn inherits the new stepped up (or down) basis of the decedent to add to his or her own basis-in the case of joint tenancy or tenancy in common, 

State laws dictates your stepped up basis ,Federal law dictates the taxes on sale.

In Revenue Ruling 63-223, the IRS stated that depreciation determined for the period after a decedent's death shall be computed using the fair market value as of the date of death or the fair market value on the alternate valuation date, as applicable.[land value is separated.. land is not depreciated]

 The accumulated depreciation on the rental property prior to the decedent's death is irrelevant. Once the property has been inherited, the depreciation schedule would begin based on the new fair market value.

There are many rules that could affect you,it is always best to seek competent CPA's advice as  your tax situation will have  unique circumstances that applies only to you.

If reported as a rental in Turbotax you would take the property out of service on date of death. Then recompute the adjusted basis in accordance with state laws and then enter the sale in Turbotax with the proper calculated basis.

1 reply

view2Answer
Employee
June 6, 2019

Depends on your individual circumstances that would effect the tax reporting.

If the property  is held as community property, the entire interest in the house gets a step in basis to the current FMV.

 If the property is held “with rights of survivorship” then the house passes immediately to the survivor which in turn inherits the new stepped up (or down) basis of the decedent to add to his or her own basis-in the case of joint tenancy or tenancy in common, 

State laws dictates your stepped up basis ,Federal law dictates the taxes on sale.

In Revenue Ruling 63-223, the IRS stated that depreciation determined for the period after a decedent's death shall be computed using the fair market value as of the date of death or the fair market value on the alternate valuation date, as applicable.[land value is separated.. land is not depreciated]

 The accumulated depreciation on the rental property prior to the decedent's death is irrelevant. Once the property has been inherited, the depreciation schedule would begin based on the new fair market value.

There are many rules that could affect you,it is always best to seek competent CPA's advice as  your tax situation will have  unique circumstances that applies only to you.

If reported as a rental in Turbotax you would take the property out of service on date of death. Then recompute the adjusted basis in accordance with state laws and then enter the sale in Turbotax with the proper calculated basis.

June 17, 2020

What date should be used when reporting sale of stepped up rental property?? The original 2005 purchase date or the 2017 stepped up date? When calculating depreciation amount, Is it based on original purchase date or the stepped up date?

DawnC
Employee
June 18, 2020

The sale date is the date you sold the property.  A step-up in basis is the readjustment of the value of an appreciated asset for tax purposes upon inheritance.   The higher market value of the asset at the time of inheritance is considered for tax purposes.  When an asset is passed on to a beneficiary, its value is typically more than what it was when the original owner acquired it.

 

The asset receives a step-up in basis so that the beneficiary's capital gains tax is minimized. A step-up in basis is applied to the cost basis of property transferred at the date of the death

 

@bicichica 

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