< Back to IRS

Anastasia Kozlov

How to determine cost basis for a gifted rental property I inherited?

I'm trying to figure out the cost basis for a rental property that I need to depreciate on my taxes, but I'm totally stuck on how to calculate it properly. Back in 2016, my dad put me and my brother on the deed to his house, but he passed away not long after that. I didn't do anything with the property until 2022 when I started renting it out. After going down a tax code rabbit hole, I found out I'm supposed to know the adjusted cost basis right before the property was gifted, the fair market value when the gift happened, and any gift tax that was paid on it. Problem is, I don't have ANY of this information and not sure how to get it now. Would using the 2016 tax assessor's appraised value (minus the land value) work as my cost basis for depreciation? Or am I completely on the wrong track here? Any help would be super appreciated! I'm trying to file correctly but this depreciation stuff is way more complicated than I expected.

What you're dealing with is a common situation with gifted properties. When you receive a property as a gift, you typically take on the donor's basis (called a "carryover basis"), but there are some exceptions. Since your dad added you to the deed in 2016 and passed away shortly after, the property wasn't fully inherited (which would give you a stepped-up basis to fair market value), but was partially gifted during his lifetime. This creates what's called a "part-gift, part-inheritance" situation which can be tricky. In your case, using the tax assessor's value from 2016 is a reasonable approach given your limited information. However, tax assessments are often lower than actual market value. If possible, I'd recommend looking at comparable sales in the neighborhood from 2016 or getting a retrospective appraisal. Some appraisers can determine what a property was worth at a previous date. Also, check if your parent filed a gift tax return (Form 709) for 2016, as this might have documentation of the property's value at that time.

0 coins

Thanks for the explanation. I'm confused about the "part-gift, part-inheritance" thing. If my name was added to the deed while my dad was alive, but then he passed away, would I still get any stepped-up basis? Also, is there any way to figure this out without spending money on a retrospective appraisal?

0 coins

The "part-gift, part-inheritance" situation means you received partial ownership as a gift during your father's lifetime, and potentially the remainder as inheritance after his passing. The portion you received as a gift generally takes your father's original basis (what he paid plus improvements, minus depreciation), while any portion you inherited would get a stepped-up basis to fair market value at his date of death. You have several options without paying for a formal retrospective appraisal. You could research comparable sales from 2016 using online real estate databases, check what your father paid originally (county property records), look at any refinancing appraisals, or use the property tax assessment with an adjustment factor (in many areas, assessments are a consistent percentage of market value). The IRS understands these situations are complex, so they allow reasonable methods when documentation is limited.

0 coins

After struggling with a similar situation last year, I found an amazing tool that saved me tons of time and stress. Check out https://taxr.ai - they have a specific feature for analyzing property basis situations. I uploaded my property documents and answered a few questions about when I received the property, and they provided a detailed analysis showing exactly how to calculate my basis and depreciation. They even explained which tax forms I needed and how to document everything properly in case of an audit. The best part was they found a way to establish a higher basis than what I initially calculated, which saved me a significant amount on taxes. For your situation, they could help determine if you have a partial step-up in basis or if you should use the tax assessment value, plus properly document your decision-making process.

0 coins

That sounds interesting but I'm skeptical. How exactly do they determine property values from the past? And do they give you actual documentation you can use if you get audited, or just suggestions?

0 coins

Does it handle complicated ownership situations? My wife and I were added to her grandma's property in different years (me in 2018, her in 2015), and grandma still owns 50%. We're about to convert it to a rental and I'm dreading figuring out the basis.

0 coins

They use multiple data sources including historical property sales databases, county records, and housing market indices to establish past values. What really impressed me was that they provide a detailed report that shows exactly how they arrived at their numbers, including the methodology and sources. This documentation is specifically designed to satisfy IRS requirements if you're ever questioned. Absolutely - they handle complex ownership situations like yours. They have a specific workflow for partial ownership transfers that happened at different times. You'll input when each ownership change occurred, and they'll calculate the appropriate basis for each portion. They even handle situations where some owners live in the property while others don't, which affects how you calculate rental expense deductions.

0 coins

Just wanted to follow up - I decided to try taxr.ai after my skeptical question earlier. I was genuinely surprised by how thorough their analysis was. I had a rental property that was partially gifted to me by my uncle in 2017 and later inherited the rest when he passed in 2020. The tool walked me through uploading my deed transfers and tax assessments, then created a detailed cost basis calculation that accounted for both the gifted portion (using my uncle's original basis with adjustments) and the inherited portion (with stepped-up basis). They even found county records showing the original purchase price that I couldn't locate myself. Their documentation is impressive - I now have a complete paper trail showing exactly how I determined my basis, which gives me peace of mind for potential audits. Definitely worth it for complicated property basis situations.

0 coins

If you're still struggling with getting accurate information, you might want to try contacting the IRS directly. Most people don't realize there's a service called Claimyr (https://claimyr.com) that can get you through to an actual IRS agent quickly instead of waiting on hold for hours. They have a video showing how it works here: https://youtu.be/_kiP6q8DX5c I used it when I had a similar property basis question that I couldn't solve on my own. The IRS agent was actually super helpful and walked me through the exact documentation I needed to support my chosen basis calculation. They explained I could use reasonable reconstruction methods since I lacked original records, and suggested several approaches that would be acceptable. The peace of mind from getting official guidance directly from the IRS was totally worth it. Better than guessing and worrying about an audit later.

0 coins

How does this service actually work? I've tried calling the IRS about a rental property issue and gave up after being on hold for over an hour. Do they somehow magically get you through faster?

0 coins

This sounds made up. The IRS barely answers their phones and when they do, they rarely give clear answers. I've had tax professionals tell me even they struggle to get helpful information from IRS agents. No way some service is solving this problem.

0 coins

The service actually calls the IRS for you and navigates through their phone system. When they reach an agent, you get a call connecting you directly to that IRS representative. It essentially does the waiting for you, which is why it works so well. The system monitors IRS hold times and calls at optimal times to minimize the wait. You're right to be skeptical, and I felt the same way initially. What I discovered is that while some IRS agents aren't helpful, others are extremely knowledgeable. When I got connected, I was fortunate to speak with an agent who specialized in property transactions. The key is being very specific with your questions. In my case, I asked specifically about acceptable documentation for establishing basis on a property received through a combination of gift and inheritance, and received clear guidance on what would satisfy their requirements in an audit scenario.

0 coins

I need to eat my words from my earlier comment. After continuing to struggle getting answers about my rental property depreciation, I decided to try Claimyr despite my skepticism. I was shocked when I was connected to an IRS agent in under 10 minutes. Even more surprising was how helpful they were. The agent explained that for partially gifted properties where documentation is limited, I could use the tax assessment as a starting point but should document my methodology. They suggested increasing the tax assessment by the average difference between assessments and actual sales in my county (which I found was about 22% by checking some recent sales). The agent also recommended I get a letter from a real estate agent familiar with the area confirming the estimated value range for the property in 2016. This would provide additional documentation to support my basis calculation if ever questioned. I'm still not a fan of the IRS generally, but this conversation saved me hours of research and uncertainty.

0 coins

Have you checked if your county recorder's office has information about the original purchase price when your dad bought the property? That could give you his original basis, and then you just need to account for improvements he made and depreciation he took. Also, were you and your sibling added as joint tenants with rights of survivorship or tenants in common? This affects how the basis was handled after your father passed. If it was JTWROS, you might have received a stepped-up basis on your father's portion when he passed.

0 coins

I hadn't thought about checking the county recorder's office - that's a great idea! I think we were added as joint tenants with rights of survivorship, but I'll need to double-check the deed. If we were JTWROS, how would I calculate the stepped-up basis? Would it be 1/3 of the property at my dad's original cost basis (for my gifted portion) and then 1/3 of the FMV at his death (for the inherited portion)?

0 coins

Yes, that's exactly right. If you were JTWROS, then you'd have a split basis. The portion you received as a gift (when added to the deed) would have a carryover basis from your father. The portion you inherited at death would get the stepped-up basis to fair market value. Since it sounds like you and your sibling were each given 1/3 interest while your father was alive, and then you each received half of his remaining 1/3 when he passed, your basis would be calculated as: (1/3 of your father's original basis) + (1/6 of the FMV at date of death). Your sibling would have the same calculation for their portion. If you can find your father's original purchase documents at the county recorder's office, you'll have most of what you need to make this calculation.

0 coins

Quick tip - don't forget to separate out the land value! I made this mistake my first year with a rental property and had my depreciation rejected. You can only depreciate the building, not the land. Most tax assessor records break this out. Also, keep in mind that gifted property has different holding period rules for capital gains when you eventually sell. The holding period includes the time your dad owned it too!

0 coins

I thought rental properties were depreciated over 27.5 years regardless of the actual building's age? My accountant took the purchase price minus the tax assessed land value and divided by 27.5. Is that wrong?

0 coins

You're absolutely right about the 27.5 year depreciation period for residential rental property - that's correct! What Yuki was emphasizing is that you need to make sure you're only depreciating the building portion, not the land. So your accountant's method of taking the total basis minus the land value and then dividing by 27.5 is exactly the right approach. The key point is that land never depreciates (since it doesn't wear out), so it has to be separated from the depreciable building value. Most people use the same ratio that the tax assessor uses - if the assessor says the land is 20% of the total value and the building is 80%, you'd apply that same ratio to your cost basis.

0 coins

This is a really complex situation, but you're asking the right questions! Based on what you've described, it sounds like you have a mixed gift/inheritance scenario which does complicate the basis calculation. One thing I'd suggest is checking if your dad filed Form 709 (gift tax return) when he added you to the deed in 2016. Even if no gift tax was owed (due to the annual exclusion or lifetime exemption), he may have filed one anyway. If he did, that form would show the fair market value of the property at the time of the gift, which would be incredibly helpful for your basis calculation. If you can't find a Form 709, using the 2016 tax assessment as a starting point isn't unreasonable, but as others mentioned, you might want to adjust it upward since assessments are typically below market value. You could research what similar properties in your neighborhood sold for in 2016 to get a sense of whether the assessment was in the right ballpark. Also, don't forget to account for any improvements your dad made to the property after his original purchase - those would increase his basis, which would then carry over to you for the gifted portion. The depreciation calculation can definitely be overwhelming, but taking it step by step and documenting your reasoning will serve you well if you're ever questioned about it later.

0 coins

This is really helpful advice, especially about checking for Form 709! I never would have thought to look for that. Quick question though - if my dad didn't file a gift tax return, does that create any issues for me now? I'm worried that maybe he was supposed to file one and didn't, and that could somehow come back to bite me during my depreciation calculations or if I get audited later. Also, when you mention adjusting the tax assessment upward, is there a standard percentage that's typically used, or do I really need to do the research on comparable sales? I'm trying to balance being accurate with not spending weeks on this!

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today