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Emma Wilson

Inheriting home through quitclaim deed - how will capital gains be calculated?

My sister and I received our dad's house via a quitclaim deed that he executed back in June. Unfortunately, he passed away in August, and we're planning to sell the property in early 2025. From what I've been researching online, I think we'll owe capital gains on the sale. What I'm not sure about is whether this would count as short-term or long-term capital gains tax? Also, are there any strategies we should consider to minimize our tax burden on this inheritance? The house has appreciated quite a bit since he purchased it in the 90s. My sister is acting as his personal representative - when she files his final tax return, will she need to file a Form 709 (gift tax return) for the quitclaim deed transfer? Any advice would be greatly appreciated. This is our first time dealing with inherited property and we want to make sure we're handling everything properly.

Malik Davis

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The capital gains classification depends on your holding period, which starts from when you received the property via quitclaim deed, not from your father's death. Since you received it in June and plan to sell in 2025, that's over a year, so you'd qualify for long-term capital gains rates (assuming you don't sell before June 2025). Your basis in the property is your father's basis (what he originally paid plus improvements) at the time he transferred it to you, not the market value at his death. This is different from if you'd inherited it through his will. With a quitclaim deed before death, you don't get what's called a "step-up in basis" that would've reset the value to the market value at death. Regarding Form 709, yes, your father should have filed this for the year he transferred the property if the value exceeded the annual gift exclusion. Since he's passed, your sister as the personal representative should file this with his final tax return. To reduce tax burden, consider if either of you lived in the property as your primary residence. If you lived there 2 out of the last 5 years, you might qualify for the primary residence exclusion.

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Emma Wilson

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Thank you for the detailed explanation. So if we sell after June 2025, we'd be taxed at the lower long-term capital gains rate. That's good to know! Just to clarify - since Dad transferred the house to us before he died (via the quitclaim deed), we don't get the step-up in basis? That's disappointing as the house has appreciated a lot since he bought it. If he had kept it and we inherited through his will instead, would we have gotten the step-up in basis?

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Malik Davis

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That's exactly right - by receiving the property before your father's death through the quitclaim deed, you miss out on the step-up in basis that would have occurred if you had inherited it through his will after death. If he had kept ownership until his death and you inherited through his will or through regular estate proceedings, your basis would have been stepped-up to the fair market value at the date of his death, potentially saving you significant capital gains taxes when selling. This is one reason why timing and method of property transfers can have major tax implications.

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I was in a similar situation last year with my mom's house and used this service called taxr.ai (https://taxr.ai) that really helped me understand my options. They analyzed the deed transfer documentation and explained exactly how the capital gains would be calculated based on when we received the property vs when she passed away. What was particularly helpful was that they outlined several options that could reduce our tax liability - including partial exclusions I didn't know about. They even identified that our situation qualified for a special provision regarding caregiver relatives that made a huge difference. Might be worth checking out since inheritance tax situations can get complicated quickly.

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Ravi Gupta

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How does taxr.ai work exactly? Do you just upload the quitclaim deed and they analyze it? I'm dealing with my aunt's estate and wondering if this would help with some confusing property transfers she made.

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GalacticGuru

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You upload any tax documents you have questions about - in my case the quitclaim deed, some property tax statements, and a few other related documents. Their system analyzes everything and provides a detailed explanation of the tax implications. They also let you ask follow-up questions about your specific situation. They definitely saved me more than what I paid. The partial exclusion they identified for caregiver relatives alone saved us over $12,000 in taxes that none of the general articles I found online mentioned. It's not just generic advice - they actually analyze your specific documents and situation.

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GalacticGuru

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Just wanted to follow up about taxr.ai - I decided to try it with my aunt's property transfer situation, and I'm actually impressed. They identified that the quitclaim deed was executed incorrectly which would have caused major tax issues down the road. They explained exactly how to fix it and the proper filing sequence to avoid triggering unnecessary gift taxes. What I appreciated most was that they didn't just give generic advice - they pointed out specific language in our documents that needed correction and provided template language for the amendment. Definitely saved us from what would have been an expensive mistake. Wish I'd known about this service when dealing with my parents' estate last year.

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If you're planning to call the IRS to get clarification on the Form 709 requirement, good luck! I spent 3+ hours on hold trying to get similar questions answered for my mom's estate. Finally found this service called Claimyr (https://claimyr.com) that got me connected to an actual IRS agent in under 30 minutes. They have this system that holds your place in line and calls you back when an agent is available - you can see how it works here: https://youtu.be/_kiP6q8DX5c It was actually worth it since the IRS agent confirmed we needed to file the 709 even though the property value was just slightly over the exemption limit. She also explained exactly which forms to include with the final tax return, which saved us from potential penalties.

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Omar Fawaz

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Had to come back and admit I was wrong about Claimyr. After dealing with the gift tax questions on my mother-in-law's estate, I was at my wit's end trying to reach the IRS. Called for 3 days straight with no luck. Tried Claimyr as a last resort, and they got me through to an IRS agent in about 45 minutes. The agent clarified that in our case, we did need to file the 709 with the final return, but also told me about Form 8892 which allows for an automatic extension specifically for gift tax returns that I had no idea existed. This saved us from potential late filing penalties since we were approaching the deadline. Sometimes you need to talk to an actual person at the IRS to get the right answers for your specific situation.

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Diego Vargas

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Something else to consider: check if your state has any inheritance tax that might apply. I'm in Pennsylvania, and even though we didn't owe federal taxes on my dad's house due to the exemption amount, we still got hit with state inheritance tax. Each state has different rules. Also, keep ALL documentation about improvements your dad made to the property over the years. If you can prove he put in a new roof, renovated the kitchen, etc., those costs get added to his basis, which reduces your capital gain. My brother and I found old receipts in dad's files that saved us nearly $15k in taxes by increasing our basis.

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Emma Wilson

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Thanks for bringing up state taxes! I hadn't even thought about that. We're in Florida, so I'll need to research if there are any state-specific inheritance or property transfer taxes. Do you know how far back we need to go for home improvements? Dad owned the house for almost 30 years and definitely did several renovations, but I'm not sure we have all the documentation.

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Diego Vargas

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Florida is actually one of the states with no state inheritance tax or estate tax, so you're lucky there! That's one less thing to worry about. For home improvements, you want to go back as far as possible - essentially covering the entire period your father owned the home. Any documented improvement that added value to the property can be added to the basis. Even if you don't have every receipt, partial documentation is better than nothing. Check his tax records too - sometimes major improvements get mentioned there. Also look for permits pulled for renovation work, as these can serve as proof of improvements even without the actual receipts.

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I'm confused about something - if the quitclaim deed was already executed and recorded before your father passed away, doesn't that mean it was a gift rather than an inheritance? In that case, wouldn't your basis be your father's basis at the time of the gift (not stepped up)? But then if you held it for more than a year before selling, it would be long-term capital gains regardless of when he passed away? I ask because my parents did something similar but I'm not sure how the taxes work.

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Malik Davis

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You're absolutely right. When property is transferred via quitclaim deed while the original owner is still living, it's considered a gift, not an inheritance. The recipients (in this case, OP and their sister) take on the original owner's basis - often called a "carryover basis." The holding period for determining short-term vs. long-term capital gains starts on the date of the gift transfer (when the quitclaim deed was executed). So if they sell more than a year after receiving the gift, they'll qualify for long-term capital gains rates regardless of when their father passed away. This is different from property inherited after death, which gets the "step-up in basis" to fair market value at date of death and always qualifies for long-term capital gains treatment when sold, regardless of how long the heirs hold it.

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Eli Wang

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One additional consideration that hasn't been mentioned yet - since you and your sister both received the property together via the quitclaim deed, you'll likely need to determine how to split the capital gains tax liability when you sell. The tax consequences will depend on whether you're considered joint tenants or tenants in common, which should be specified in the quitclaim deed. Also, make sure to factor in selling costs (realtor commissions, closing costs, etc.) when calculating your capital gains - these can be deducted from your gain to reduce the taxable amount. Given that the property has appreciated significantly since the 90s and you're using your father's original basis, every deduction will help minimize your tax burden. If the capital gains are going to be substantial, you might want to consider an installment sale if your buyers are willing - this allows you to spread the tax liability over several years rather than taking the full hit in 2025.

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