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February 28, 2024
Question

Jointly held stock when spouse dies, reported as "inherited" on form 8949?

  • February 28, 2024
  • 1 reply
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I'm helping my mother do her taxes for last year. My father died towards the end of the year. They held some equity shares jointly in a trust account. After my father's death, the brokerage stepped up the basis on the shares 100%, because my parents live in a community property state. A month after my father's death, my mother sold some of these shares.

 

On the 1099-B that my mother received from the brokerage, it correctly reports the stepped up cost as the basis for the shares sold. In box 1b for date acquired, the 1099-B shows my father's date of death. The 1099-B also correctly shows the shares sold as held long term, even though the date acquired/date of death was only a few months before the shares were sold.

 

On form 8949 for date acquired should we just put the date reported on the 1099-B in box 1b, which is the date of death and therefore the date the cost basis on the shares were stepped up? Or should be put "inherited" as the date acquired (as discussed in the instructions for form 8949)?

 

As I said, the 1099-B is accurate. It shows the correct stepped up cost basis. So we're not correcting anything on the 1099-B (which as far as I understand would be the usual reason to put "inherited" for the date acquired--because one is reporting a basis other than what the 1099-B states). Anyway, I'm just not sure what to fill in for the date acquired and whether these shares are considered inherited, even though they were held in a joint account.

    1 reply

    KrisD15
    February 28, 2024

    You want to indicate that it was inherited because besides the stepped-up basis for the gain, you need to indicate inherited for the long-term (more than one year) treatment of that gain. 

    Inherited property is treaded as long-term. 

     

    Long-term vs. Short-term  

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    CelBarAuthor
    February 28, 2024

    Thanks for the reply.

     

    So the fact that the 1099-B correctly stipulates in Box 2 that the shares were held long term is not sufficient? In other words, the brokerage reported this to the IRS.

     

    I should still ignore that the brokerage lists in Box 1b on the 1099-B the date aquired as my father's date of death? And instead put "inherited" as the date acquired?

     

    After all, the IRS will see that my mother is filing jointly and that my father died. That information will be provided on the return.

    fanfare
    Employee
    February 28, 2024

    the only reason to say inherited is to get LT treatement.

    if you have a consolidated 1099-B, you should find the broker already marked your sale as  "report with Box D checked."

    If you only have a single 1099-B (this is not common), use Box D category

     

    it is the box category that controls, not the date aquired.

     

    @CelBar