TransWikia.com

Tax implications of a Transfer on Death Deed

Personal Finance & Money Asked on March 27, 2021

Back in June 2020 my mother passed and left me with two documents, a Last Will and Testament and a Transfer on Death Deed that applied to her home transferring her interest in the property to me.

I consulted an attorney about how I needed to go about selling the property and what the Transfer on Death Deed meant. He told me that the transfer document effectively takes the real property out of the will and since it had previously been recorded by the County Recorder’s Office, that I was now the legal owner of the property and could sell it at anytime. I subsequently sold the property, paid off the remaining mortgage and realtor fees and ended up with a net amount in cash.

The rest of the estate, which consisted of a small amount cash in a bank account, personal items which were sold was evenly divided between myself and my sister who was listed in the will. The total was about $4500 altogether. I understand that is well under the Estate Tax threshold.

My question is about the proceeds from the home sale. Is this taxable? If so, how is it taxed and where is it reported on my 2020 taxes?

One Answer

Disclaimer, I am no lawyer and found this information online. This is consistent with information that I have read on the subject.

The cost basis for the property is "stepped up", so it would use the value on the date of your mom's death as the cost basis.

So if your mom purchased the home for 50K, the value at the time of her passing was 125K, and you sold and received 130K, you may owe capital gains on 5K. Keep in mind you would have to sell at a higher price to received 130K due to closing costs. The "may" comes into question as a primary residence profit is not counted as capital gains if some pretty generous criteria is met. So you may want to consult a tax person if there is significant gain between the time of her passing and the time you sell.

Reference

Sorry for your loss.

Answered by Pete B. on March 27, 2021

Add your own answers!

Ask a Question

Get help from others!

© 2024 TransWikia.com. All rights reserved. Sites we Love: PCI Database, UKBizDB, Menu Kuliner, Sharing RPP