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February 9, 2024
Question

Inherited an occupied rental property.

  • February 9, 2024
  • 1 reply
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So my father passed away in Nov of 21 creating an estate. He had no will, an estate attorney handled the estate  tax return. HR block did the 2021 1040(agent my parents had used for 20+ years). I did the 2022 1041 as a first/last with turbo tax business.

 

I was the sole beneficiary and executor of the estate, I thought I had read when the estate closes I would just be able to treat the income as personal income for my next 1040 with the schedule E.

 

Probate ended 3/24/23, the estate attorney said I didn't have to transfer the deed because I was the sole beneficiary and executor, but I requested the deed to be put in my name which went through on 6/28/23.

 

So first, did I make a mistake with the 1041 listing it as the final year because probate ended in March of 23?

If so, does this mean I need to amend the 2022 1041?

If so, does this mean I need to file a 1041 for the first 3 months of 2023?

 

Doing my 2023 returns with turbo tax I am a little lost on the "Situation's" does it count at first year rented for me, if the existing tenants have been there 10-15 years?

 

If it does count as first year rented, what would be the in-service date 1/1/23 or 3/24/23 or 6/28/23?

 

I know there is even more with trying to figure out depreciating the asset, but I haven't even got that far yet.

    1 reply

    Employee
    February 9, 2024
    No text available
    LJ1188Author
    February 9, 2024

    I don't believe there was a 706 filed. The estate was less then 2 million, so it was not subject to federal estate tax, just Massachusetts estate tax.

     

    On the 1041 I am realizing there may have been mistakes.

     

    On the 4562 for the 1041, the in service date is 11/19/21 with a 27.5 SL/MM.

     

    I believe TT business calculated prior depreciation based on the FMV and the remainder of 2021 that the estate owned the property.

     

    So then it prompted me for prior depreciation with a value I didn't understand at the time and used the MACRS depreciation value from the 2021 4562.

     

    Which looks like it's now giving me an incorrect K-1.

     

    Would the proper way to fix this be amending the 2021 1040, filing a 2021 1041 and amending the 2022 1041?

     

    Also since the estate closed in 2023 do I need to file a 2023 1041, or do I just claim all of the 2023 income on my personal schedule E?

    Employee
    February 9, 2024