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Keisha Taylor

How are capital gains taxes calculated for home sale from a revocable living trust?

I'm trying to wrap my head around how capital gains work for a house that's in a revocable living trust. I've searched online but getting conflicting info. The situation: A house was purchased under the trust about 13 years ago. The original trustee has lived in the home the entire time as their primary residence. About 2 years ago, we updated the trust document but only got around to signing everything with the two new trustees about 6 months ago. We're planning to put the house on the market soon. We're expecting around $450k over the original purchase price. The plan is to have all proceeds deposited into an account that's also in the name of the trust. My main question: Who has to report the capital gain on their taxes? The original trustee who lived there? All trustees? The trust itself? Also, are there any potential issues or complications I should be aware of with this arrangement? Thanks for any guidance!

Paolo Longo

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Good news! If the original trustee has lived in the home as their primary residence for at least 2 out of the last 5 years, they'll likely qualify for the Section 121 exclusion. This means the first $250,000 of gain would be tax-free for a single person (or $500,000 if the trustee is married filing jointly). For a revocable living trust, the IRS generally treats it as a "disregarded entity" for tax purposes. This means the trustee who lived in the home would report the gain on their personal tax return (Form 1040, Schedule D), not on a separate trust tax return. The fact that new trustees were added recently shouldn't affect this treatment as long as the trust remained revocable and the ownership structure didn't fundamentally change.

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Amina Bah

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This is helpful but I'm still confused. If the original trustee is the grantor of the trust, is that different than if they're just a trustee? Also, does it matter that the proceeds are staying in the trust rather than being distributed to the trustee personally?

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Paolo Longo

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Yes, the relationship between the trustee and the trust does matter. If the original trustee is also the grantor (the person who created and funded the trust), then it's even clearer that they would report the gain on their personal tax return. A grantor trust is completely transparent for tax purposes, with all income and deductions flowing through to the grantor's personal return. The fact that proceeds will remain in the trust doesn't change the tax treatment at the time of sale. The capital gains tax obligation is triggered by the sale itself, not by the distribution of proceeds. Once the money is in the trust, future investment income generated by those funds would continue to be reported on the grantor's tax return as long as the trust remains a revocable grantor trust.

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Oliver Becker

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After spending weeks trying to untangle my parents' trust tax situation with their home sale, I found this amazing tool called taxr.ai (https://taxr.ai) that totally saved me. It has this cool feature where you can upload trust documents and it breaks down the tax implications in plain English. I was in a similar situation with new trustees being added and confusion about who owed what. The analysis showed us exactly how the Section 121 exclusion applied and identified a partial rental history we'd forgotten about that affected part of the calculation. Definitely worth checking out before you file.

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CosmicCowboy

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How does it handle situations where the trust beneficiaries aren't the same as the trustees? My dad's trust has my sister and me as trustees but my step-mom gets lifetime interest in the house proceeds.

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Does it actually give advice or just analyze documents? I've been burned before by "AI tools" that just spit back what I told them without adding any value. Is this actually useful for complicated trust situations?

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Oliver Becker

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It handles beneficiary vs. trustee distinctions really well. You can specify different roles and it'll show how that impacts the tax treatment. In your case, it would likely analyze how your step-mom's lifetime interest affects who pays taxes on income from the proceeds. For your question about actual advice, it does more than just regurgitate info. It identifies specific tax rules that apply to your situation and explains how they affect your filing. For my parents' trust, it flagged that we needed to file Form 1041 for a specific portion of the gains that wouldn't qualify for the primary residence exclusion. Definitely more than just document summarization.

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Update: I finally got around to trying taxr.ai and I'm honestly shocked at how helpful it was. My situation with multiple trustees and partial rental use was WAY more complicated than I thought. The tool identified an issue with how our trust was structured that would have caused us to lose the full capital gains exclusion. Fixed the problem with our attorney before selling, and now most of our gain is tax-free! Literally saved tens of thousands in taxes. The breakdown of which parts of the gain were taxable vs excluded was super clear, and they even explained which forms we'll need to file. Wish I'd found this months ago!

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Javier Cruz

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For anyone dealing with trustee/IRS issues, I had a similar nightmare trying to get answers from the IRS about our trust sale. Kept getting different answers from every agent I talked to, when I could even get through (spent literal DAYS on hold). Finally used Claimyr (https://claimyr.com) after seeing it mentioned here, and they got me connected to an actual IRS trust specialist in about 10 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The agent confirmed that as long as the trust was revocable and the owner lived there 2 of last 5 years, they get the full capital gains exclusion. Said our accountant had overcomplicated things and was treating it like an irrevocable trust unnecessarily.

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Emma Thompson

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Wait, they actually get you through to a real person at the IRS? How exactly does that work? I've been trying to reach someone for 3 months about my trust tax issue!

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Malik Jackson

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Sounds like a scam tbh. Nobody gets through to the IRS in 10 minutes. They probably just connect you to some random call center pretending to be IRS agents.

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Javier Cruz

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It really does get you through to actual IRS agents. They use some kind of call technology that holds your place in line so you don't have to stay on the phone yourself. When they reach an agent, they call you and connect you directly to the IRS person. Not a scam at all - the people you talk to are 100% real IRS employees who can access your tax records and everything. I confirmed this by verifying the official IRS number they connected me to and by the agent's ability to pull up our trust's tax info after I provided verification. They just solve the hold time problem, they don't replace or impersonate IRS agents.

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Malik Jackson

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Ok I need to eat my words. After waiting on hold with the IRS for 4+ hours yesterday trying to get my trust question answered, I broke down and tried Claimyr. Got connected to an actual IRS agent in about 15 minutes. The agent confirmed everything about my situation and walked me through exactly how to report the capital gains from our trust property sale. Turns out I was making it WAY more complicated than it needed to be. Because it's a grantor trust, it all just goes on my personal return and the $250k exclusion applies normally. Honestly can't believe how easy it was after weeks of frustration. Definitely using this for all my IRS calls from now on.

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One thing nobody's mentioned - make sure you've documented all capital improvements made to the property while in the trust. Those increase your basis and reduce your taxable gain. We just went through this with my mom's house in her trust, and we were able to add about $85k to the basis from documented improvements (new roof, kitchen remodel, etc.) over the 15 years she owned it. Saved a bundle on taxes!

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StarSurfer

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How far back can you go with improvements? And do you need actual receipts or can you estimate? We've done tons of work on our trust property but haven't kept great records.

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You can go all the way back to when the property was purchased, so the full 13 years in your case. Actual receipts are definitely best, but if you don't have them, you need to create a reasonable reconstruction with as much documentation as possible. For our situation, we had some receipts but not all. For the missing ones, we took photos of the improvements, got written statements from contractors who did the work confirming approximate dates and costs, and in some cases found bank statements showing payments to those contractors. The IRS allows reasonable reconstruction of records, but you need to be able to substantiate your claims if audited.

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Ravi Malhotra

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Has anyone had issues with property tax reassessment when adding new trustees to an existing trust? Our county tried to claim it triggered a property tax reassessment when we updated our trust and added my sister as co-trustee.

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This varies by state! In California, adding trustees doesn't trigger reassessment as long as the beneficial ownership hasn't changed. But in some states, any change to the trust deed can trigger it. Check your specific state laws.

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Anna Kerber

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Just wanted to add something that saved us a lot of headaches - make sure you understand the timing rules for the Section 121 exclusion with trusts. The "2 out of 5 years" primary residence test has to be met by the person who actually lived in the home, not just any trustee. In your case, since the original trustee lived there the entire 13 years, you're golden. But we almost made a mistake thinking that because my dad was added as a trustee 3 years ago, his residency timeline mattered too. It doesn't - only the person who actually used it as their primary residence. Also, keep detailed records of when the trust was updated and when new trustees were added. The IRS may want to see that the beneficial ownership didn't change, just the management structure. Since it remained revocable throughout, you should be fine, but documentation helps if questions come up later. One last tip: if you're expecting $450k in gains, even with the exclusion you might have some taxable portion depending on your filing status. Consider whether it makes sense to spread the sale across tax years or if there are any timing strategies that could help minimize the tax hit.

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