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Justin Evans

Help understanding cost basis with Joint Tenancy and Quit Claim deeds for property sale

I'm dealing with a complicated property situation that I need to figure out for my taxes, and I'm confused about the cost basis. Here's what happened: My grandparents purchased a property together as joint tenants back in 1990. Then in 2004, my grandfather quit claimed his 50% to my grandmother (not sure why this happened). When my grandfather passed away in 2005, since it was joint tenancy and not tenants in common, my grandmother technically had 100% of the property. But that wasn't what they intended, so my grandmother agreed to give 50% back to our side of the family. The lawyer messed up and put me on the quit claim deed in 2006. Now I'm trying to understand what my cost basis is. My grandmother passed away in 2023, and there was some confusion about what happened to her share - I think my uncle got it through her will or maybe a quit claim before she died. We ended up selling the house later in 2023. I'm trying to file my taxes now and I'm confused about my cost basis. Does it go back to the original purchase price from 1990? Or does my uncle's cost basis step up because of my grandmother's death in 2023? Ideally, I feel like I should have gotten a step-up in basis when my grandfather died in 2005, but since it was joint tenancy and not tenants in common, I'm not sure that's how it works legally. I also don't know what the value would have been back then. I know I probably need a CPA, but I'm wondering if anyone here can help me understand the basics of this situation.

Emily Parker

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This is definitely a complex situation! Let me try to break this down in a way that makes sense. With joint tenancy, when your grandfather passed away in 2005, the property should have automatically transferred to your grandmother as the surviving joint tenant. The fact that he had already quit claimed his interest to her in 2004 means she already owned 100% at that point. When your grandmother quit claimed 50% to you in 2006, you would have received her cost basis for that portion (not a stepped-up basis). Your cost basis would be 50% of whatever your grandparents originally paid for the property in 1990, plus any capital improvements they made over time. For your uncle's portion that he received when your grandmother passed in 2023, he would get a stepped-up basis to the fair market value at the time of her death for his share. The IRS publication that covers this is Publication 551 (Basis of Assets). You might also want to look at Publication 523 for selling your home.

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Ezra Collins

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What if the grandparents made significant improvements to the property over the years? Would those be added to the cost basis even though the current owner wasn't the one who paid for them?

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Emily Parker

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Yes, capital improvements made to the property can be added to the cost basis regardless of who owned it at the time they were made. So if the grandparents added a new roof, remodeled a kitchen, or made other significant improvements (not regular maintenance), those costs can be added to the original purchase price to establish the adjusted cost basis. For your second question, you would need documentation of these improvements - receipts, contracts, or other records showing the costs. Without documentation, the IRS may not allow you to include these in your basis calculation.

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Does it work with complicated family situations like this? My family has a similar property mess with multiple quitclaims and I'm worried about getting audited if I get it wrong.

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Zara Perez

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I've heard about these AI tax tools but I'm skeptical. How does it know about all the specific laws around property basis? Did it actually give you citations to the tax code or just general advice?

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It absolutely works with complicated family situations. I had three transfers and two deaths in my case, and it sorted through all of it. The platform is specifically designed to handle complex property transactions and inheritance situations. As for tax laws and citations, it provided me with specific references to IRS publications and tax code sections that applied to my situation. It wasn't just general advice - it actually explained how the specific rules applied to my case and gave me downloadable documentation I could keep with my tax records in case of an audit.

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Zara Perez

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Just wanted to follow up about my experience with taxr.ai after I asked about it last week. I decided to try it with my family's property situation that involves multiple quit claim deeds and two deaths in the family. I was honestly impressed with how detailed the analysis was. It walked me through each transfer and explained exactly how each affected my cost basis. What I found most helpful was that it showed me which specific documents I needed to keep for my records to support my tax position. It even cited the relevant tax code sections so I could verify everything myself. Definitely worth checking out if you're dealing with property basis issues like this.

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Daniel Rogers

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If you're still struggling to get clear information, I had a similar issue last year and couldn't get anyone on the phone at the IRS for weeks. I finally used https://claimyr.com and got through to an IRS agent in about 20 minutes who was able to explain exactly how to handle my property basis situation. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed that with quit claim deeds, you generally take on the grantor's basis (with specific exceptions), and they walked me through how to document everything properly for my tax return. It saved me hours of frustration and probably a lot of money too since I was about to calculate everything incorrectly.

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Aaliyah Reed

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Wait, this sounds too good to be true. How does it actually work? Do they just keep calling the IRS for you or something?

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Ella Russell

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I'm really skeptical about this. I've tried everything to get through to the IRS and nothing works. How much does this service cost? And how do you know the IRS agent actually gave you the right information? They're not exactly known for consistency.

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Daniel Rogers

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It works by using technology to navigate the IRS phone tree and wait on hold for you. When an agent finally picks up, you get a call connecting you directly to them. No more spending hours listening to hold music! Regarding the information quality - you're right that IRS agents sometimes give different answers. What I did was specifically ask for the relevant IRS publication numbers and sections so I could verify what they told me. The agent I spoke with was very knowledgeable about property basis issues and provided clear guidance that matched what I later confirmed in Publication 551.

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Ella Russell

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I wanted to update after trying Claimyr that I mentioned being skeptical about. I was desperate to resolve my property basis issue before filing my taxes, so I gave it a shot. I'm shocked to say it actually worked! I got through to an IRS specialist in about 30 minutes (after trying for weeks on my own). The agent walked me through exactly how to determine my basis with the quit claim deed situation I had, and even emailed me the relevant tax form instructions. They confirmed I needed to use the original owner's adjusted basis rather than fair market value since it wasn't a death transfer. This saved me from significantly underreporting my gain. Sometimes you need to hear it directly from the IRS to feel confident in your filing.

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Mohammed Khan

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One thing nobody's mentioned yet - you really should try to get documentation of the original purchase price from 1990. County property records might have this info. Also, if there were any major improvements made to the property over the years, those would increase the basis. Do you have any records of renovations, additions, new roof, etc.?

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Justin Evans

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Thanks for bringing this up. I managed to find the original deed from 1990 with the purchase price, but I'm having trouble tracking down records of improvements. My grandparents definitely did a kitchen remodel around 2000 and replaced the roof in 2010, but I don't have receipts. Would statements from family members who knew about these improvements help at all?

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Mohammed Khan

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Family statements might help as supporting evidence, but they won't be sufficient on their own. The IRS generally wants to see actual documentation of costs. Try reaching out to the contractors who did the work if you know who they were - sometimes they keep records of past jobs. If you can't find exact records, try to gather evidence that improvements were made - before and after photos, permits pulled from the county, or even estimates from contractors about what similar work would have cost during those time periods. It's not ideal, but it's better than nothing if you're trying to establish a reasonable basis for these improvements.

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Gavin King

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Has anyone dealt with a situation where the property was used as a rental for part of the time? I'm in a similar situation with joint tenancy and quitclaim deeds, but my property was also rented out for about 5 years, which seems to complicate things even more with depreciation recapture.

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Nathan Kim

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If it was rented, you definitely need to consider depreciation recapture. Even if you didn't actually claim depreciation during those years, the IRS considers it "allowed or allowable" meaning you'll be taxed as if you had taken it. I'd recommend using a tax pro who specializes in real estate for this situation.

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Gavin King

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Thanks for the advice. I didn't realize I'd be taxed on depreciation even if I hadn't claimed it. That's definitely something I need to look into more. I'll start looking for a tax professional who specializes in real estate.

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This is exactly the kind of complex property situation that can trip people up on their taxes. From what you've described, here are the key points to understand: Since your grandfather quit claimed his share to your grandmother in 2004 and they held the property as joint tenants, your grandmother owned 100% when he passed in 2005. When she quit claimed 50% to you in 2006, you would typically receive a "carryover basis" - meaning your basis would be 50% of what your grandparents originally paid in 1990, plus any documented improvements they made. The tricky part is your uncle's share. If he received his 50% through inheritance when your grandmother died in 2023, he should get a "stepped-up basis" to the fair market value of that portion at the time of her death. However, if he received it through a quit claim deed before she died, he would also get a carryover basis. You'll want to gather all the documentation you can: the original 1990 purchase documents, all quit claim deeds with dates, death certificates, and any records of property improvements over the years. The exact timing and method of each transfer will determine the basis calculation. Given the complexity and potential tax implications, I'd strongly recommend consulting with a CPA who has experience with inherited and transferred property. They can review all your documents and ensure you're calculating everything correctly to avoid issues with the IRS.

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This is really helpful advice, Carmen! I'm curious about one thing though - if the uncle received the property through a quitclaim deed right before the grandmother died (like within a few months), would that affect whether he gets the stepped-up basis or not? I've heard there are some rules about transfers made in anticipation of death, but I'm not sure how they apply to real estate. Also, for the original poster - when you're gathering documentation, don't forget to check with the county assessor's office. They sometimes have records of when major improvements were made that affected the property's assessed value, which could help you piece together what improvements were done even if you don't have the original receipts.

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