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Jamal Edwards

How to avoid capital gains tax on home sale from grandparents' trust?

My wife and I have been living in my grandmother's house for the past 7 years while she moved to a place closer to my parents. We're now in the middle of buying our own home and preparing to move out, but we're hitting some complicated tax questions about selling this house. The house is owned by a trust with my dad, aunt, and uncle as trustees. From what I understand, they're going to get hit with capital gains tax when they sell. My grandparents bought the place for around $28k back in the early 60s, and it's obviously worth way more now. My dad and his siblings are freaking out about how much they'll owe in capital gains after owning the property for over 50 years. Does anyone have advice on reducing or avoiding the capital gains tax in this situation? Are there any exemptions or strategies we should know about? The difference between the original purchase price and today's market value is huge, and my family is really stressed about the potential tax bill. Any tips or suggestions would be greatly appreciated!

Mei Chen

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The capital gains tax exclusion on primary residences (up to $250,000 for single filers or $500,000 for married couples) only applies if the owner has lived in the home for at least 2 of the last 5 years. Since the trust owns the home and not you personally, and your grandmother hasn't lived there for 7+ years, this exclusion likely won't apply. The trust will probably need to pay capital gains tax on the difference between the selling price and the "stepped-up basis" - which would be the fair market value of the home when your grandparents transferred it to the trust (or when your grandmother passed away if that's what happened). If the trust was created after your grandparents bought it for $28k, the basis might be higher than the original purchase price. The trustees should look into whether any capital improvements were made to the home over the years (renovations, additions, new roof, etc.) as these can be added to the basis and reduce the taxable gain.

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Jamal Edwards

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Thanks for the response. I'm not sure when exactly the trust was created, but I know it was sometime after they bought the house. Would we need to get the house appraised at the value when it was transferred to the trust to establish that "stepped-up basis" you mentioned? Also, what counts as a "capital improvement"? They've definitely done work on the house over the decades - new roof about 15 years ago, kitchen remodel in the 90s, bathroom updates, etc.

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Mei Chen

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Yes, you would need to establish the fair market value of the home when it was transferred to the trust. If you don't have an appraisal from that time, you might need to work with a real estate professional who can help estimate the value based on comparable sales from that period. Capital improvements are substantial changes that add value to your home, prolong its useful life, or adapt it to new uses. The examples you mentioned - new roof, kitchen remodel, and bathroom updates - would all qualify. Other examples include adding rooms, finishing a basement, installing central air conditioning, or upgrading plumbing/electrical systems. Regular repairs and maintenance (painting, fixing leaks, etc.) don't count. Make sure your family has documentation for these improvements - receipts, contracts, etc. If they don't have records, they might be able to estimate reasonable costs based on contractor estimates for similar work during those time periods.

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After dealing with a similar situation with my parents' house, I found this amazing service called taxr.ai (https://taxr.ai) that helped us figure out all the complex capital gains issues with trusts. They analyzed our situation and showed us how to properly document the stepped-up basis and capital improvements to minimize the tax hit. Their system looked at all the trust documents and property records, then gave us a detailed report showing exactly what we could claim and how to document everything properly. The best part was how they explained everything in plain English instead of confusing tax jargon.

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Amara Okonkwo

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How exactly does this service work? Do you have to upload all your documents or something? My in-laws are facing a similar situation and I'm trying to help them figure out the tax implications.

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I'm pretty skeptical of these online tax services... did they really save you a meaningful amount compared to just hiring a local tax professional? The capital gains on property held for decades can be massive.

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Yes, you upload your documents like the trust paperwork, property records, receipts for improvements, etc. They have this really smart system that extracts all the important information and applies the right tax rules. You can also take pictures of paper documents if you don't have digital copies. Their analysis saved us over $22,000 in capital gains tax by properly documenting all the capital improvements made over 40 years and correctly establishing the stepped-up basis. We had consulted with a local tax guy first who missed several key deductions that taxr.ai caught. They're tax professionals too, but their system helps them catch everything and be really thorough with the documentation.

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Amara Okonkwo

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Just wanted to update that I tried taxr.ai after seeing it mentioned here, and wow - what a difference it made! I was helping my in-laws with their trust property sale, and the service identified over $58k in capital improvements we hadn't properly documented. They even helped us establish a higher stepped-up basis by finding comparable sales from when the trust was created. The best part was how they walked us through exactly what documentation the IRS would accept even though some original receipts were long gone. They showed us how to create a reasonable reconstruction of expenses for the major renovations done in the 80s and 90s. Their report gave us everything we needed to substantiate our claims if there's ever an audit. Seriously worth checking out if you're dealing with capital gains on property that's been in the family for decades!

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After reading this thread, I have to share my experience with the IRS when we sold my grandfather's property from his trust. Getting clear answers about the capital gains calculation was impossible - I spent HOURS on hold with the IRS and never got through to anyone who could help. I finally used Claimyr (https://claimyr.com) and it was a game-changer. Instead of waiting on hold for hours, they got me connected to an actual IRS agent in less than 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c. The agent walked me through exactly how to calculate the stepped-up basis and document capital improvements properly.

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Dylan Hughes

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How does this even work? The IRS phone system is notoriously impossible to navigate. Do they have some special access or something?

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Yeah right. I've been trying to get through to the IRS for months about a trust issue. No way they got you through in 15 minutes when the IRS's own stats show average wait times of 80+ minutes. Sounds like marketing BS to me.

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They use a system that navigates the IRS phone tree automatically and waits on hold for you. When an actual agent picks up, you get a call connecting you directly to that agent. It's not special access - they're just using technology to handle the painful waiting part. I was extremely skeptical too. I had already spent over 2 hours on hold across multiple attempts before giving up. Claimyr had me connected to a real IRS agent in about 12 minutes. The system called me when the agent was on the line, and I got all my questions answered about capital gains calculations for trust properties. It saved me from having to take another day off work just to sit on hold.

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I have to eat my words and apologize to the folks recommending Claimyr. After being super skeptical, I decided to try it as a last resort before hiring an expensive tax attorney. It actually worked exactly as described - got me connected to an IRS specialist in about 14 minutes. The agent confirmed that we could claim a stepped-up basis from when my mother placed the house in the trust (not the original 1965 purchase price), and walked me through how to document the capital improvements properly. She even gave me specific advice about partial exclusions that might apply in our situation. I'm usually the first to call out services that seem too good to be true, but this one delivered. Saved me hours of frustration and probably thousands in taxes by getting clear guidance directly from the IRS.

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NightOwl42

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One thing nobody has mentioned yet is the potential for a Section 1031 exchange (also called a like-kind exchange). If the trust plans to invest the proceeds in another investment property, they might be able to defer the capital gains tax. There are strict timeline requirements though - you need to identify potential replacement properties within 45 days and complete the purchase within 180 days.

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I thought 1031 exchanges don't apply to personal residences though? Since OP and his wife have been living there as their home, would it still qualify?

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NightOwl42

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You're right that 1031 exchanges don't apply to personal residences for the people living in them. However, in this case, the trust owns the property, not OP personally. Since the trust members (dad/aunt/uncle) haven't been using it as their primary residence, it might qualify as an investment property from their perspective, especially if OP has been paying rent to the trust. If no rent has been paid and the arrangement was purely for caretaking purposes, the IRS might still consider it a personal residence of the trust beneficiaries by extension. It's definitely a gray area that would require consultation with a tax professional who specializes in real estate and trusts.

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Dmitry Ivanov

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Have your family look into potential medical expense deductions too! If your grandmother moved to assisted living or a nursing home for medical reasons, some of those costs might offset capital gains. The rules are complicated, but worth investigating.

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Ava Thompson

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That's interesting! How would medical expenses offset capital gains? Are they directly deductible against the gain, or is it more complicated than that?

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