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Inherited Promissory Note from Parent's Business Sale - Tax Implications for Installment Sale

My father passed away about 8 months ago and left me and my siblings a promissory note from his business sale back in 2019 (mostly commercial real estate and some structures). Looking at his final tax return, I can see he was reporting it as an installment sale with approximately 60% of each payment being taxed as capital gain. I'm also serving as the executor of his estate. When I consulted with the estate attorney after we opened probate, he advised that since real property transfers directly to heirs without going through probate, I should distribute the note payments directly to the beneficiaries. So for the past several months, I've been sending the monthly payments proportionally to all beneficiaries (including myself). Now that tax season is approaching, I'm confused about how to handle this situation correctly. Some specific questions: * Did I mess up by distributing payments directly to beneficiaries instead of running them through the estate? Should the estate be filing a return for this note income? The estate has no other income and otherwise wouldn't need to file. If I did this wrong, can I fix it with some accounting adjustments since the estate has zero debts? Or do I need to recollect all those distributed funds back into the estate accounts? * Does the step-up in basis apply in this situation? My understanding is that since the actual property was sold before his death, the original gain percentage continues to apply for the entire life of the note, even though it's now inherited. But that seems unfair considering if we had sold after his death, our basis would step up to market value and save us probably $75,000 in taxes. The promissory note includes a security interest in the property, allowing us (as beneficiaries) to reclaim the property if payments stop. So it still feels like we have an interest in real property that should qualify for step-up. * How should I report this income on my personal return (or the estate's return if that's correct)? Do I continue reporting it as an installment sale? Should it be treated as a seller-financed mortgage? Or if step-up applies, do I just report the interest portion as ordinary income? For reference, I'm in North Carolina and the business property is located in West Virginia.

Building on the excellent advice already given, I want to emphasize a few critical points that could save you significant headaches: First, regarding the estate vs. direct distribution issue - while technically the promissory note should have gone through probate as personal property, the practical impact may be minimal if beneficiaries are receiving their correct proportional shares. However, you should definitely consult with your estate attorney about whether to file a Form 1041 for the estate or issue K-1s to beneficiaries. This decision affects where the tax liability sits. Second, the step-up basis issue is unfortunately clear-cut - installment obligations don't receive step-up treatment under IRC Section 1014(c). The original sale created the installment obligation, and that's what was inherited, not the underlying property. Even with the security interest, you inherited the right to payments, not ownership of the real estate. For reporting, you'll need your father's final Form 6252 to determine the gross profit percentage that continues to apply. Each payment you receive will be split between: (1) return of basis (not taxable), (2) gain recognition (capital gains), and (3) interest (ordinary income). Given the multi-state complexity (NC/WV) and the estate administration questions, I'd strongly recommend getting professional help from a tax attorney or CPA experienced with installment sales and estate taxation. The potential tax savings from proper planning could easily justify the professional fees. One last note - make sure you're keeping detailed records of all payments received and how they're being distributed among beneficiaries. The IRS will want to see this documentation if they ever examine the returns.

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QuantumQuest

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I'm dealing with a somewhat similar situation right now with my mom's estate, and I wanted to share a few additional considerations that might help. One thing I learned from my estate attorney is that even though you've been distributing payments directly to beneficiaries, you might want to consider having the estate "adopt" those distributions retroactively through proper accounting entries. This can help establish a clear paper trail showing the estate received the income and then distributed it, which might be cleaner for tax reporting purposes. Also, regarding the WV/NC state tax issue - I'd definitely recommend checking if West Virginia has any special provisions for inherited installment obligations. Some states have different rules for inherited vs. original installment sales, and a few even provide partial basis adjustments in certain circumstances, though this is rare. From a practical standpoint, since you're the executor and dealing with monthly payments, consider setting up a dedicated estate account just for these transactions going forward. It makes the accounting much cleaner and gives you better documentation if the IRS ever questions the distributions. Have you considered whether it might make sense to accelerate the remaining payments or sell the note entirely? Sometimes the administrative burden and ongoing tax complexity of installment reporting makes it worth exploring other options, especially if the security interest gives you leverage with the buyer. The multi-state complexity alone probably justifies getting professional help, but don't let anyone tell you this is impossible to sort out - it's just a matter of getting the right guidance and documentation in place.

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This is really helpful advice about retroactively having the estate "adopt" the distributions. I hadn't thought about that approach, but it makes sense for creating a cleaner paper trail. Quick question though - if we do set up the estate accounting this way going forward, would that mean the estate needs to file Form 1041 and issue K-1s to all beneficiaries? Or could we still report the income directly on our individual returns? I'm trying to figure out which approach creates less complexity, especially since we're dealing with multiple beneficiaries across different states. Also, regarding your suggestion about accelerating payments or selling the note - that's an interesting idea I hadn't considered. Do you know if there are any special tax implications for selling an inherited installment note? Would we get any basis adjustment in that scenario, or would it still be subject to the original gain calculations?

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Daryl Bright

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Something important that nobody has mentioned yet - you need to make sure you're still explicitly electing Section 179 on your Form 4562 even though the deduction is completely phased out this year. If you don't make the election, you can't carry forward the disallowed amount!

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Sienna Gomez

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This is so true! I learned this the hard way last year. Didn't properly elect Section 179 because I thought "why bother" since it was completely phased out. My accountant caught it this year but said we lost the ability to carry forward about $320k in deductions. Check your 4562 carefully!!

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Daryl Bright

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Exactly! You need to complete Part I of Form 4562, listing all the property for which you're electing Section 179. The form will walk you through calculating the limitation and will show the carryover to next year. Even though the deduction for the current year might be reduced to zero because of the investment limitation, making the election is what establishes your right to the carryover. I've seen too many businesses miss out on significant future deductions simply because they didn't complete this paperwork correctly. These formal elections matter tremendously in tax law, even when they don't provide an immediate benefit.

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Mei Chen

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This is such a helpful discussion! I'm dealing with a similar situation where we purchased $3.2 million in equipment this year and got completely phased out of Section 179. Reading through everyone's responses, I think I need to seriously consider the bonus depreciation route that Natalie mentioned instead of carrying forward the Section 179. Quick question for the group - if I'm understanding correctly, with bonus depreciation at 80% for 2024, I could potentially deduct $2.56 million this year ($3.2M Γ— 80%) versus waiting to use a Section 179 carryforward in future years when bonus depreciation will be lower? That seems like it could be significantly more advantageous, especially since bonus depreciation drops to 60% next year. Has anyone done the math comparison between taking bonus depreciation now versus Section 179 carryforward for large equipment purchases?

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Has anyone had success requesting abatement online through the IRS account portal rather than mailing in Form 843? I thought I saw something about being able to do it electronically now but can't find clear instructions.

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I tried the online method back in January and it only worked for penalty abatement, not interest. The system automatically approved my penalty abatement request (since I qualified for First Time Abatement), but for interest I still had to submit the paper Form 843.

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Adrian Hughes

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Based on your situation, you have an excellent case for both penalty and interest abatement. Since you maintained perfect compliance for years while overseas and the IRS clearly had your correct address on your filed returns, this is a textbook example of IRS error causing unnecessary penalties and interest. Here's what I'd recommend doing immediately: 1. **Get your account transcripts** - Download transcripts showing your filed returns with the correct address vs. the notices with the wrong address. This is your smoking gun evidence. 2. **File Form 843** - Request both penalty AND interest abatement. Be very specific about the interest abatement request citing IRC 6404(e) and explain how the IRS error in using the wrong address caused unreasonable delay. 3. **Document everything** - Include copies of your returns showing correct address, copies of notices showing wrong address, and evidence of your clean compliance history. The fact that you paid immediately upon discovering the issue actually strengthens your case - it shows good faith and that you're not trying to avoid payment, just seeking relief from charges that shouldn't have accrued. Don't be surprised if the penalty abatement gets approved quickly (you clearly qualify for First Time Penalty Abatement) but the interest takes longer. Interest abatement has a higher bar but your address documentation should meet the "unreasonable IRS error" standard.

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Javier Garcia

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This is exactly the roadmap I needed - thank you so much! I just downloaded my account transcripts and you're absolutely right, the discrepancy between my filed returns and their notices is crystal clear. My 2023 return shows my correct overseas address, but all their notices went to some garbled version of it. One quick question - when you mention citing IRC 6404(e) on Form 843, should I include the actual text of that section or just reference it? I want to make sure I'm being thorough but not overdoing it. Also really appreciate the point about paying first actually helping my case. I was worried I'd shot myself in the foot by not requesting abatement before paying, but it sounds like it might actually work in my favor.

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Has anyone used the IRS Identity Protection PIN system? After my sister went through this nightmare last year, our whole family signed up for IP PINs to prevent fraudulent filings. You get a new PIN each year that must be used when filing.

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I've been using IP PINs for my whole family for the past three years after someone tried filing a fake return with my info. It's a bit of a hassle remembering to get the new PINs each January, but WAY better than dealing with identity theft. Highly recommend it!

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Thanks for sharing your experience! I just set up the IP PINs for this year but wasn't sure if it was actually effective or just another layer of bureaucracy. Glad to hear it's working well for your family.

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Serene Snow

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I went through this exact same situation last year with the IND-517-01 reject code, and I totally understand the panic! In my case, it turned out my ex-spouse had claimed our shared dependent without discussing it with me first (we alternate years but he got confused about whose turn it was). Here's what I learned: Don't assume it's identity theft right away - sometimes it's just miscommunication between divorced parents, or like someone mentioned, a FAFSA filing error. But definitely don't ignore it either. My recommendation is to call the IRS Identity Protection line that Zoe mentioned, but also think through anyone else who might have a legitimate reason to claim your dependents - ex-spouses, grandparents who provided significant support, etc. Sometimes a quick phone call can resolve things faster than going through the full identity theft process. The paper filing route is unavoidable at this point, but include a detailed cover letter explaining your situation. The IRS agents reviewing these cases see them all the time and are usually pretty good at sorting out the legitimate vs fraudulent claims. Good luck!

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Sofia Price

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Has anyone used one of those tax relief companies that advertise on the radio for an OIC? They claim they can settle for "pennies on the dollar" but I'm wondering if they're worth the fees they charge.

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Alice Coleman

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STAY AWAY from those companies! I made that mistake and paid $3,500 upfront to a "tax relief" firm. They did absolutely nothing I couldn't have done myself and actually caused delays by submitting incomplete paperwork. Many of these places just take your money and do the bare minimum.

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I'm currently in the middle of my OIC process (submitted about 4 months ago) and wanted to share what I've learned so far since you're just getting started. The biggest thing that's helped me is staying incredibly organized with a dedicated filing system for every single document. I created separate folders for initial application materials, correspondence with the IRS, financial documentation, and backup copies of everything. This has been a lifesaver when they've requested additional info. One thing I wish I'd known upfront - the IRS can take 6-24 months to process your offer, and during that time you MUST stay current on all new tax obligations. If you fall behind on estimated payments or filing requirements while your OIC is pending, they'll automatically reject your offer. I almost learned this the hard way. Also, don't let the anxiety get to you too much. Yes, it's intimidating dealing with the IRS directly, but if you're thorough with your documentation and honest about your financial situation, the process is more straightforward than it seems. The IRS agents I've spoken with have actually been professional and helpful when I've had questions. Good luck with your application! Feel free to ask if you have specific questions about the forms - I'm still fresh on all the details.

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