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How to Determine FMV on Date of Death for Inherited Property

Hey everyone, I'm dealing with a tough situation and could use some advice. My mother passed away last year (2023) and left her house to my brother and me in her will. Our estate attorney mentioned the house wasn't technically part of the estate. We ended up selling it about 6 months after she died. I'm now struggling with how to figure out the Fair Market Value (FMV) as of the date of death for tax purposes. The buyer did get an appraisal done about a month before closing, but I don't have access to it - and it wouldn't have been from the date she passed anyway. From what I've read online, the most reliable way to get FMV would be a formal appraisal from a licensed real estate appraiser. I want to be as accurate as possible for reporting purposes (and in case I'm ever audited by the IRS), but I have no clue how to get this done retroactively. I've gotten conflicting advice from tax people. One adviser from my tax software company suggested that the cost basis should just match my portion (50%) of the gross proceeds shown on the 1099-S. Our estate attorney said something similar since we sold the house relatively quickly after mom's passing. But another tax adviser warned this is a "sensitive area" of tax returns and I need to be super accurate. What's the best way to determine that FMV at this point? It feels lazy to just use the same number for cost basis and gross proceeds from the 1099-S. Just to note - we won't be filing an estate tax return since there isn't $600 of income, so I don't need to worry about matching FMV numbers with an estate return. Thanks for any help you can offer!

GalaxyGazer

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I'm so sorry for your loss, Landon. Having just gone through a similar situation with my father's estate, I completely understand how overwhelming this feels when you're already dealing with grief. The good news is that you're actually in a very strong position here. The stepped-up basis rules under IRC Section 1014 are specifically designed for situations like yours. When you inherit property, your cost basis becomes the fair market value as of the date of death, which eliminates capital gains tax on appreciation that occurred during the previous owner's lifetime. Given that you sold the property only 6 months after your mother's passing, using the sale price as your FMV is not only reasonable - it's well-supported by IRS guidance. Treasury Regulation 20.2031-1(b) defines FMV as "the price at which property would change hands between a willing buyer and willing seller," and your arm's length sale is strong evidence of exactly that value. Here's what I'd recommend for documentation: 1. **Keep it simple** - Create a brief memo explaining you used the sale price as FMV because the property was sold within 6 months of inheritance with no major improvements or market changes 2. **Add one supporting data point** - Check the county tax assessment or get a realtor to pull comparable sales from around the date of death. This shows you didn't arbitrarily pick a number 3. **Maintain good records** - Save the will, probate documents, purchase agreement, and your valuation memo The fact that your cost basis and sale proceeds are nearly identical isn't suspicious - it's exactly how the stepped-up basis is supposed to work. Your estate attorney's advice aligns perfectly with established tax practice, and you shouldn't feel "lazy" about this approach. You're handling a difficult situation correctly, and the tax code is actually working in your favor here.

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@GalaxyGazer - this is such a thorough and well-researched response! As someone completely new to this community and dealing with inherited property issues for the first time, I really appreciate how you've included specific legal citations like IRC Section 1014 and Treasury Regulation 20.2031-1(b). Having those official references makes me feel much more confident about the approach. Your three-step documentation plan seems perfectly balanced - comprehensive enough to satisfy any IRS questions but not so complex that it becomes overwhelming during an already difficult time. I especially like how you've emphasized that having nearly identical cost basis and sale proceeds is actually the intended outcome, not something suspicious. @Landon Flounder - after reading through all these incredibly detailed responses from the community, it really seems like you have strong support for your approach and multiple good options for documentation. The consensus is clear that the stepped-up basis rules are designed to work exactly as you re'experiencing. It s'also really comforting to see how many people have successfully navigated similar situations. Sometimes these tax issues can feel so intimidating, but this community has shown that there are well-established, reasonable approaches that work within the existing tax framework. Thank you to everyone who has shared their experiences and expertise here - this is exactly the kind of practical, compassionate guidance that makes such a difference during these challenging times.

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Lauren Zeb

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I'm so sorry for your loss, Landon. Having dealt with a similar situation when my grandfather passed, I completely understand how overwhelming this can feel during an already difficult time. After reading through all the excellent advice here, I wanted to add one practical tip that helped me immensely: document your decision-making process as you go. I created a simple folder (physical and digital) with everything - the will, sale documents, any valuations I gathered, and most importantly, a one-page summary of why I chose my FMV approach. The consensus here is absolutely right that using your sale price as FMV is reasonable given the 6-month timeframe. What gave me peace of mind was getting just one additional data point to show I'd considered alternatives. I ended up calling a local realtor who pulled recent comparable sales from around my grandfather's date of death - took about 10 minutes and cost nothing since I mentioned I might need their services later. The stepped-up basis really is designed to work in your favor here. You're not being "lazy" by using the sale price - you're following exactly how Congress intended these rules to work. The fact that your cost basis and sale proceeds are nearly identical means the system is working correctly, not that something's wrong. Keep your documentation simple but thorough, and trust that you're handling this the right way. Your estate attorney's advice aligns perfectly with what everyone here is telling you.

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@Lauren Zeb - this is such practical advice! As someone who s'completely new to this community and facing a similar situation with my grandmother s'estate, I really appreciate your suggestion about creating both physical and digital documentation folders. That seems like such a smart way to stay organized during what s'already a stressful time. Your point about getting just one additional data point for peace of mind really resonates with me. The idea of calling a local realtor for comparable sales sounds so much more manageable than some of the other options I d'been considering. It s'reassuring to hear that it was quick and free - I was worried about adding more expenses during an already costly time. I also appreciate how you ve'emphasized that using the sale price isn t'being lazy "but" rather following the intended purpose of the stepped-up basis rules. Sometimes when you re'new to these situations, it s'easy to second-guess yourself and think you should be doing something more complicated. @Landon Flounder - between Lauren s practical'documentation tips and all the other detailed responses here, you really seem to have a clear path forward. The community consensus is so strong that you re handling'this correctly and that the tax code is designed to work in your favor in this exact situation. Thank you to everyone who has shared their experiences - this is exactly the kind of supportive, knowledgeable community guidance that makes such a difference during these challenging times.

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Rajan Walker

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This thread has been super informative! I'm dealing with a similar situation where I received my final paycheck of 2023 on December 31st via direct deposit, but my pay stub shows January 1st, 2024 as the "pay period end date." My employer's HR department is insisting this makes it 2024 income, but based on everything I'm reading here about constructive receipt, it sounds like they're incorrect since I had the money in my account on December 31st, 2023. Has anyone successfully convinced their employer to correct this kind of mistake? I'm worried about getting into a back-and-forth argument with payroll when tax season is already here. Should I just accept their decision and file Form 4852 like someone mentioned, or is it worth fighting this?

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You're absolutely right to push back on this! The pay period end date is irrelevant - what matters is when you actually received the money, which was December 31st, 2023. Your employer's HR department is confusing pay period dates with constructive receipt rules. I'd definitely recommend fighting this before accepting it and filing Form 4852. Start by providing your HR/payroll department with documentation about constructive receipt doctrine - you can find the official IRS guidance in Publication 15 (Employer's Tax Guide). If they still refuse, escalate to a supervisor or the finance department. Many payroll people simply aren't familiar with these rules and assume the pay period date is what matters. The reason I'd push for correction rather than just filing Form 4852 is that having an incorrect W-2 can create complications down the road, especially if the IRS questions the discrepancy. It's much cleaner to get your employer to issue a corrected W-2 now than to deal with potential issues later. Plus, you're probably not the only employee affected by this mistake, so fixing it helps everyone.

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I'm a tax preparer and see this confusion every year. The key thing to remember is that the IRS follows the "constructive receipt" rule - you're taxed on income when you have the right to receive it, not when it's officially "earned" or when the pay period ends. Since your money was deposited December 30, 2023, that's when you constructively received it, so it belongs on your 2023 W2. Your employer should include this in your 2023 W2, giving you 13 paychecks for that year. This is completely normal and happens whenever year-end pay dates fall this way. Don't let them tell you otherwise - the deposit date is what matters for tax purposes, not the pay stub date or pay period. If your employer insists on putting it on your 2024 W2, they're making an error that you'll need to address before filing your taxes.

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Thank you for the professional perspective! As someone new to dealing with year-end payroll issues, this is really reassuring. I was getting stressed about potentially having to argue with my employer's payroll department, but now I feel more confident about the rules. Quick question - if my employer does refuse to correct my W2 and I have to file Form 4852, will that trigger an audit or cause problems with the IRS? I want to make sure I understand all my options before I decide whether to push back or just accept their mistake and work around it.

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Just to add another wrinkle - are you sure your FSA isn't already a "limited purpose" FSA? Some employers offer these specifically for people with HSAs. If it is, then you CAN contribute to both at the same time because a limited purpose FSA only covers dental and vision. Check your benefits documentation carefully. Sometimes these are called "LPFSA" or might be automatically converted to limited purpose if you enroll in an HDHP.

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This is actually really important to check. My company automatically converts regular FSAs to limited purpose FSAs if you switch to an HDHP mid-year. Saved me a huge headache when I was in a similar situation.

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Carmen Lopez

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I checked with my HR department and unfortunately my FSA is definitely a general purpose one. They don't offer limited purpose FSAs at all, and there's no automatic conversion feature. They told me I'm stuck with it until the plan year ends December 31st. Guess we'll have to wait until January to start contributing to my wife's HSA. At least it's only a couple months of delay.

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One thing to keep in mind is that even though you have to wait until January to start HSA contributions, you can still maximize your HSA for 2025. The annual contribution limit for 2025 is $4,300 for individual coverage or $8,550 for family coverage, and you can contribute the full amount as long as you're HSA-eligible on December 1st of the tax year (this is called the "last month rule"). So even though you're missing out on October, November, and December 2024 contributions, you won't lose out on the full 2025 contribution opportunity. Just make sure to use up that remaining $1,100 in your FSA before the end of the year - stock up on eligible medical supplies, prescription medications, or even things like contact lenses and reading glasses if your plan allows it. Also, double-check if your FSA has a grace period that extends into 2025. Some plans give you until March 15th to use the previous year's funds, which would extend your HSA ineligibility period even further. Better to know now than be surprised later!

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Daniel White

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This is really helpful information about the "last month rule" - I had no idea that existed! So if I understand correctly, as long as my wife and I are HSA-eligible on December 1st, 2025, we can contribute the full annual amount even if we weren't eligible for the entire year? One follow-up question though - you mentioned checking for an FSA grace period. How do I find out if my plan has one? Should I look in my benefits documents or call HR directly? I want to make sure I plan the HSA timing correctly and don't accidentally contribute during an extended ineligibility period. Also, any specific recommendations for using up that remaining FSA balance? I've already stocked up on basic medications and bandages, but I still have quite a bit left to spend before December 31st.

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Dylan Evans

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This is such a timely question! I just went through this exact situation when I sold some rare baseball cards I'd been collecting for years. The confusion about collectible tax rates is totally understandable - even tax software sometimes gets it wrong. You're absolutely correct in your understanding. Collectibles are taxed at your ordinary income tax rate, but capped at 28%. So if you're in the 12% bracket, you pay 12% on collectible gains. If you're in the 32% bracket, you only pay the maximum 28%. One thing I learned the hard way is to keep really detailed records of what you originally paid for each comic, including any fees for authentication, grading, or storage. These all count toward your cost basis and can significantly reduce your taxable gain when you sell. Also, don't forget that if you hold the comics for less than a year before selling, they're taxed as short-term capital gains at your full ordinary income rate with no 28% cap protection. So there's definitely an advantage to holding collectibles for more than a year if you're planning to sell them.

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Nia Williams

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Thanks for sharing your experience with the baseball cards! That's really reassuring to hear from someone who's actually been through this process. I'm definitely planning to hold onto the comics for more than a year - that short-term vs long-term distinction is huge when you're looking at potentially paying your full marginal rate without any cap. Your point about keeping detailed records is well taken. I've already started a spreadsheet tracking what I paid for each comic, but I hadn't thought about including storage costs. Are things like acid-free bags, backing boards, and storage boxes deductible as part of the basis? Or is that getting too granular? Also, did you find any particular challenges when it came to proving the fair market value at the time of sale, especially for more obscure collectibles that don't have as clear of a market price?

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Storage costs like acid-free bags, backing boards, and storage boxes are generally considered personal expenses rather than improvements to the collectibles themselves, so they typically can't be added to your cost basis. The IRS usually only allows costs that directly improve or preserve the specific item's condition or value - like professional grading, authentication, or restoration services. For proving fair market value, I found that graded comics are much easier since you can reference recent sales of the same issue in the same grade on platforms like eBay sold listings, Heritage Auctions, or GoCollect. For ungraded comics, it gets trickier - I ended up getting a professional appraisal for my higher-value cards to avoid any issues with the IRS. One tip: if you're dealing with key issues or high-value comics, consider getting them graded before selling even if you bought them raw. Not only does it typically increase the sale price, but it also gives you a clear, objective condition assessment that makes determining fair market value much easier for tax purposes.

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This thread has been incredibly helpful! As someone who's been buying and selling vintage collectibles for a few years now, I can confirm everything that's been said about the collectible tax rates. One additional point that might be useful - if you're dealing with multiple collectibles sold throughout the year, you might want to consider bunching your sales into years when your overall income is lower. Since collectibles are taxed at your ordinary income rate (capped at 28%), strategic timing can really make a difference. For example, I had a big bonus year where I was temporarily in the 32% bracket, so I held off selling some collectibles until the following year when I was back down to 24%. Saved me 4% on the gains, which added up to real money. Also, if you're serious about collecting comics or other items as investments, consider keeping a detailed log of market research, time spent researching purchases, and any educational materials you buy about collecting. While you can't deduct these as business expenses if you're treating it as investment activity, having detailed records shows the IRS that you're approaching this seriously as an investment rather than just a hobby.

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This is such great strategic advice about timing the sales! I never thought about how my overall income in a given year could affect the tax rate on collectibles. That 4% difference you saved really shows how much planning ahead can matter. Your point about keeping detailed records of research and education is smart too. Even if you can't deduct those expenses, showing that you're approaching collecting systematically rather than just casually buying things you like could definitely help if the IRS ever questions whether it's investment activity versus a hobby. Question for you - when you say "bunching sales," do you mean literally waiting until January of the following year, or is there more nuance to the timing? I'm wondering if there are other factors like estimated tax payments that might complicate the strategy of shifting income between tax years.

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Kaiya Rivera

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I wish I'd seen this thread earlier! I went with Liberty Tax's version of a refund advance this year and it was a MESS. Took over a week to hear anything, and then they only approved me for half of what I was expecting. Jackson Hewitt's process sounds much more streamlined from what everyone is saying here. Definitely switching next year. Has anyone compared the maximum advance amounts between the different tax prep companies? I'm curious if there's a big difference.

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I did some research on this before choosing where to file this year. Jackson Hewitt's maximum advance was $7,250, H&R Block offered up to $3,500, and TaxAct had a $4,000 maximum. But the amounts you actually qualify for depend on your expected refund size and other factors.

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Diego Mendoza

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Just wanted to add my experience for Ruby and anyone else waiting - I got my Jackson Hewitt refund advance approved last month and the timeline was pretty much what Alexander mentioned. Filed on a Tuesday, got the approval text Thursday evening, and had my card activated by Friday afternoon. One tip that helped me: download the Jackson Hewitt app if you haven't already. You can track your application status there instead of just waiting for texts/emails. It updates in real-time and shows exactly where you are in the process. The advance amount they offered was about 80% of my expected refund, which seemed fair. Just make sure you really need the money now because even though it's "free," you're essentially getting your own money early at the cost of not having it available when your actual refund comes in. Good luck!

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Thanks for sharing the timeline Diego! That's really helpful to know about the app - I didn't even think to check if they had one. Just downloaded it and can see my application is still "under review" but at least now I have a way to track it instead of just waiting around anxiously. The 80% advance amount sounds reasonable too. I was wondering if they'd be more conservative given all the economic uncertainty lately. Fingers crossed I hear something by tomorrow since it'll be day 3 for me!

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