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Amara Torres

Late Life Joint-Tenancy Property Sale - Capital Gains vs Inheritance Tax Question?

I'm really confused about my current situation with taxes after selling my mom's house. About 2 years ago, my mom owned her house where she had lived for about 5 years. When her health started getting worse, instead of updating her will, she added me and my brother to the deed as tenants in common for like $10. The house was already listed for sale at that point since she was planning to move into assisted living, and she wanted us to handle everything and use the money for her care because she didn't want to deal with financial stuff anymore. Unfortunately, mom passed away before we could sell the house. Me and my brother kept working with the same realtor she hired, and we were legally considered joint-tenants. We finally sold the place about 6 months after she died and split the money (around $325k) equally between us. I filed for an extension on my taxes because I have no idea how to handle this. I have a Substitute 1099-S from the real estate company and the closing documents, but I'm completely lost on what my "basis" is supposed to be. Does my basis come from my mom's basis like with a normal inheritance? If so, how the heck do I figure out what her basis was? Or if my basis isn't connected to hers, then what is it? Any help would be SO appreciated - I'm totally stressed about getting this right!

You're actually dealing with a fairly common situation, though it can be confusing. Since your mom added you to the deed before passing away, you have what's called a "part-gift, part-inheritance" situation. For the portion of the property you received while your mom was alive (when she added you to the deed), your basis is her basis in that portion. For the portion you inherited after her passing, you get a stepped-up basis to fair market value at the date of death for that portion. Since you were added as tenants in common for a nominal sum, you'll need to determine what percentage ownership you received before death. Then, your basis will be a combination of your mom's original basis for that percentage and the stepped-up basis for the inherited percentage. To find your mom's original basis, check her tax records for the purchase price plus any capital improvements. You can also try county property records, or even ask the executor of her estate who might have access to this information. If those options aren't available, you might be able to work backwards from property tax assessments.

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Amara Torres

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Thanks for explaining this! So if I understand correctly, I need to figure out what percentage I owned before she died versus what I inherited after? The deed just added us both as tenants in common without specifying percentages - does that mean we each got 1/3 ownership when she added us (me, brother, and mom each having equal shares)? Also, do home improvements count toward the basis? Mom did upgrade the kitchen about 3 years ago.

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When tenants in common are added to a deed without specifying percentages, it's typically assumed to be equal shares. So yes, you would likely each have had a 1/3 ownership interest before your mom's passing. Yes, capital improvements absolutely count toward basis. The kitchen renovation would definitely qualify as a capital improvement, so that would increase your mom's original basis. Try to locate receipts or documentation for that renovation. Other improvements might include additions, new roof, new HVAC systems, etc. - anything that adds value to the home, not just regular repairs or maintenance.

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Mason Kaczka

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I went through something so similar last year with my dad's house! I found this website called https://taxr.ai that literally saved me from a major headache with this exact situation. It analyzed my documentation and gave me step-by-step guidance on how to determine the basis and calculate everything correctly. I uploaded my closing docs and the 1099-S just like you have, and it helped me figure out what percentage was gift vs inheritance and how to calculate the stepped-up basis. It even gave me recommendations on how to find my dad's original purchase info when I wasn't sure. Honestly would've been lost without it because even my regular tax guy was confused about how to handle it properly.

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Sophia Russo

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Did the site actually help you find the original purchase price info? That's my biggest concern with my mom's old house - we have no clue what she paid for it back in the 90s and can't find any paperwork.

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Evelyn Xu

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I'm wondering how accurate this is for different state laws? I'm in Texas and my understanding is we handle joint tenancy differently than some other states. Would it still work for my situation?

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Mason Kaczka

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It didn't magically find the purchase price, but it gave me specific directions on where to look - like checking county assessor records, old tax returns, and even suggested contacting the title company that handled the original purchase to see if they still had records. I ended up finding the info in an old file of my dad's that had his closing statement. The site handles different state variations really well. It asks what state the property is in upfront and adjusts the guidance accordingly. I believe they cover all 50 states since property and inheritance laws vary so much. It specifically asked about community property states vs common law states and tailored the advice based on that.

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Sophia Russo

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After seeing the recommendation, I actually tried taxr.ai for my situation with my mother's condo that we sold last year. It was eerily similar - she put me on the deed a year before passing and we sold it about 8 months after she died. I was super skeptical at first but decided to give it a shot since I was completely stuck. The document analysis feature helped me understand which portions of my closing documents were relevant for calculating my basis. It correctly identified that I needed to use a blended approach with part-gift/part-inheritance. The step-by-step guidance helped me calculate everything precisely and saved me from significantly overpaying on capital gains. It even generated a detailed explanation I could attach to my tax return to explain the somewhat unusual situation. Definitely worth checking out if you're dealing with this complicated joint-tenancy issue.

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Dominic Green

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Another thing to consider - have you been trying to contact the IRS to get guidance on this? I was in a similar position last year with my aunt's property and spent WEEKS trying to get through to someone who could actually help. I finally found this service called https://claimyr.com that got me through to an actual IRS agent in about 15 minutes instead of waiting for hours or getting disconnected. You can see how it works here: https://youtu.be/_kiP6q8DX5c I was seriously about to give up and just guess on my taxes before using it. The agent I spoke with walked me through exactly how to handle the basis calculation for my portion of the property and what forms I needed to file. They even sent me some additional resources to help. Way better than trying to figure it out myself and potentially getting it wrong.

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Hannah Flores

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How does this actually work? I've tried calling the IRS like 5 times about my inheritance situation and either wait forever or get disconnected. Is this legit or just another scam?

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I'm skeptical. I've heard the IRS agents often give conflicting advice anyway. Did you actually get someone who knew what they were talking about regarding capital gains on inherited property? That's pretty specialized knowledge.

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Dominic Green

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It uses an automated system that navigates the IRS phone tree and waits on hold for you. When they finally reach a human, you get a call to connect with the agent. So instead of waiting on hold for hours, you just get a call when someone's actually available. I was actually connected with someone in the specialized estate and gift tax department. I explained my situation was about property basis after a death, and they transferred me to the right person. You're right that some agents might not know everything, but if you ask to speak with someone who specializes in inheritance and basis issues, they usually can transfer you to the right department. The person I spoke with was extremely knowledgeable about stepped-up basis and part-gift/part-inheritance situations.

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Alright, I need to eat my words here. After my skeptical comment earlier, I decided to try Claimyr since I've been struggling with a similar inheritance tax question regarding my grandfather's farm that was partially gifted to me before his death. I was connected to an IRS agent in about 20 minutes (on a Tuesday afternoon). I explained my situation with the partial gift/partial inheritance, and they immediately knew what I was talking about. They explained exactly how to calculate my basis using the stepped-up value for the portion I inherited while using his original basis for the gifted portion. They also explained which forms I needed and sent me specific IRS publications that address this exact scenario. I'm not saying every agent will be this helpful, but I was definitely connected with someone who knew what they were talking about, and it saved me from making what would have been a costly mistake on my taxes.

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Just want to add something that nobody's mentioned yet - you might qualify for the home sale exclusion depending on your situation. If your mom lived in the house as her primary residence for at least 2 of the 5 years before selling, and you inherited her interest, you might be able to exclude up to $250,000 of the gain attributable to her portion. It gets complicated with the partial gift/partial inheritance situation, but it's worth looking into since it could save you a significant amount on taxes. IRS Publication 523 has more details on this.

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Amara Torres

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Wait that would be amazing if it applied here! But I thought the home sale exclusion only works if I personally lived in the house as my primary residence? I never actually lived there - it was just my mom's house until she passed.

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Unfortunately in your specific case, you're right - you wouldn't qualify for the full exclusion since you didn't live in the house yourself. The primary residence exclusion typically requires you to have owned and lived in the home for at least 2 of the 5 years before the sale. However, there is a special rule for inherited properties that might partially apply to the portion you inherited (not the gifted portion). If you sold the property within 2 years of your mother's death, you might be able to count her ownership period and use toward the exclusion for her portion only. It's a partial step-in-the-shoes rule for inherited property. This is definitely worth discussing with a tax professional who specializes in estate matters since the partial gift/partial inheritance complicates things.

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Grace Lee

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Has anyone ever tried figuring out the original basis by looking up the county property appraiser's website? My uncle's original purchase documents were destroyed in a flood, but I was able to find his original purchase price by searching the county records online. Many counties have this info digitized now and searchable by address.

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Mia Roberts

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I tried this for my grandmother's house and it worked! Our county had records going back to 1986. Found the original sale price when she bought it, plus records of permits for major renovations that I could add to the basis. Definitely worth checking your local county assessor or property tax website.

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