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November 19, 2022
Question

Sale of inherited home

  • November 19, 2022
  • 2 replies
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My mother passed away in 2008, and left her house to my sister and I.  House was appraised at $267,000 then. We rented the house for 14 years, and sold it in 2021 for $320,000. Info on 2021 TT is the total depreciation recapture is $59,748. Settlement costs were $18,500., improvements totaled $39,508. Our Fed Form 4797 Part II Line 18 shows -14,286. Our adjusted gross income $48.637. That figure was transferred to Maryland Form 502. 

 

Md has somehow come up with a total income of $122,170., total MD income at $83,982.  and tax due of $5,709.  They've told me the house sold with a gain of $59,748., which is also the depreciation recapture.

but have not told me how they've come up with that so I will be asking for an in-person appeal.

 

Can anyone give me some help understanding this mess?

 

2 replies

Employee
November 19, 2022

You may get some sort of answer here, but you will most likely have to deal with the Comptroller's office for this issue.

 

To clarify (primarily for others), you mentioned your sister and you inherited the house and rented it and then stated, "our adjusted gross income.....". Since you could not file a joint individual income tax return with your sister, to which person do those figures apply (or were they combined)?

kcampionAuthor
November 19, 2022

Sorry, I meant my husband and mine's ADJ.

Employee
November 19, 2022

@kcampion wrote:

Sorry, I meant my husband and mine's ADJ.


Good. Just for the purposes of further clarification, the figures you posted for the property are for you and your sister combined, correct?

November 19, 2022

House was appraised at $267,000 then. We rented the house for 14 years, and sold it in 2021 for $320,000. Info on 2021 TT is the total depreciation recapture is $59,748. Settlement costs were $18,500., improvements totaled $39,508. Our Fed Form 4797 Part II Line 18 shows -14,286. 

 

something isn't right and we can not see your return

FMV @ DOD                267,000

improvements               39,508 assuming after inheritance

total cost                      306,508

depreciation                  59,748 assuming after inheritance

adjusted tax basis       246,760

 

selling price                  320,000

selling expenses            18,500

net selling price           301,500

 

gain 301,500 -246,760 = 54,740

I don't know how TurboTax came up with a loss based on the number you provided.  so you may have federal issues besides state issues. 

 

since depreciation exceeds the gain the entire gain for federal purposes would be subject to IRC sec 1250 recapture

 

i can probably tell you what you may have done incorrectly. in Tutbotax when you dispose of rental property you are supposed to allocate the sale price among the various components - land, building and improvements. Selling costs are allocated based on the sales price allocated to the components. Most likely you allocated $0 to the improvements so the undepreciated cost shows up as a loss on the 4797. 

 

 

 

kcampionAuthor
November 21, 2022

House & land figures were set up wrong from the beginning in 2008. I'm trying to learn about 1231 carryovers. I was allowed depreciation of 59,748 but actually took 41,060, how exactly do I rectify this?

Employee
November 21, 2022

@kcampion wrote:

...I was allowed depreciation of 59,748 but actually took 41,060, how exactly do I rectify this?


File Form 3115 (it is a Section 481(a) adjustment), which is not a DIY endeavor; you should seek guidance from a local tax professional.

 

See https://www.irs.gov/instructions/i3115#idm140516453720416

 

https://taxexperts.naea.org/listing/service/individual-tax-preparation