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Maya Jackson

Selling Inherited Land: How to Minimize Capital Gains Tax Impact

I hope someone can help me navigate this tax situation without too much confusion. My grandfather passed away in August 2023 and left me and my brother equal shares (50/50) in some rural property through a Transfer on Death (TOD) deed. The lawyer handling everything was pretty slow, and even though the property transferred automatically at death, the paperwork wasn't actually filed until around July 2024. I'm not even sure if the estate taxes have been filed yet. I've decided I want to mostly get out of this property ownership for various personal reasons. The land is divided into several parcels, and we've worked out a deal where: - My brother wants to buy my share of one small parcel outright - We're selling another parcel to a family friend (who we've known forever) - For the remaining acreage, ownership would be split with my brother getting 49%, the family friend getting 49%, and me keeping just 2% The sales would give me about $65,000 total. The family friend mentioned he could pay with a personal check and suggested splitting the payment between this year and next year to possibly reduce taxes. My annual income is typically around $55-60K, and I file as single. What's the smartest way to handle this to minimize the tax hit? Should I take some cash now and some next year? I've thought about talking to a tax attorney, but honestly, I don't have extra money to spend on consultations right now.

The key with inherited property is understanding your "stepped-up basis" - this is really good news for your tax situation! When you inherit property, your cost basis becomes the fair market value of the property on the date of your grandfather's death (August 2023), not what he originally paid for it. Since you're selling relatively soon after inheriting, there probably hasn't been much appreciation in value, which means minimal capital gains tax. You'd only pay capital gains on any increase in value from August 2023 to when you sell it. If the value hasn't changed much in that year, you might have very little taxable gain, or possibly none. The delayed paperwork filing shouldn't affect this - the date of death is what matters for the stepped-up basis. However, make sure you have documentation of the property's value as of August 2023 (an appraisal would be ideal). As for splitting payments across tax years - this only helps if it keeps you in a lower tax bracket, but since capital gains are taxed differently than ordinary income, you'll need to look at the capital gains tax rates specifically. For single filers in 2024, the 0% capital gains rate applies to incomes up to $44,625, then 15% up to $492,300.

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Thanks for explaining the stepped-up basis - I hadn't understood that part! How do I get documentation of the property's value from August 2023? Would I need to pay for a retroactive appraisal, or can I use county tax assessments or something similar? Also, since my income is around $55-60K, does that mean I'd be in the 15% capital gains bracket regardless? Or could splitting payments help me stay in the 0% bracket for at least part of the money?

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You have several options for documenting the August 2023 value. A formal retroactive appraisal is best but can be expensive. Alternative options include comparable sales data from that time period, county tax assessments (though these are often below market value), or even real estate listings from that area and time. The more official the documentation, the better position you'll be in if the IRS has questions. With your income at $55-60K plus potential capital gains, you're likely in the 15% capital gains bracket. However, splitting payments could potentially help. If your regular income plus capital gains stays under $44,625 in either year, that portion would be taxed at 0%. So if you can arrange to recognize some gains in a year where your other income might be lower, there could be tax advantages.

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I was in almost the exact same situation last year with land I inherited from my uncle. I spent weeks trying to figure out the capital gains tax calculations until I found https://taxr.ai - it was seriously a game changer. Their system analyzed all my inheritance documents and gave me a clear breakdown of what my tax liability would actually be. What was really helpful is that they showed me exactly how the stepped-up basis worked for my situation and calculated several different scenarios based on different selling options (all at once vs. installments). They even identified a partial exclusion I qualified for that my accountant missed! For inherited land specifically, they have expertise in dealing with multiple parcels and partial sales like your situation. Helped me understand that my tax hit was way lower than I initially feared because of how they calculated the basis allocation across parcels.

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Does taxr.ai work for complicated inheritance situations? My mom passed in January and left property to me and my siblings, but we each got different percentages of different parcels. Some want to sell, others don't. Would it handle something messy like that?

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I'm skeptical about these online tax services. How much did it cost? I've been burned before with services promising tax help but then charging crazy fees or giving generic advice I could find for free.

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It absolutely works for complicated inheritance situations. They have specific tools for handling partial interests, different percentages across multiple beneficiaries, and scenarios where some parties want to sell while others want to hold. Their system breaks down basis allocation properly across all these scenarios. The cost is reasonable compared to what I was quoted by tax attorneys (about 70% less). I was also skeptical at first, but what won me over was how specific their analysis was to my actual documents - not just generic advice. They provided actual IRS citations and formulas used for each calculation, which my accountant confirmed were accurate.

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Just wanted to update that I tried taxr.ai after seeing the recommendation here. My situation was really similar - inherited land from my mother with multiple parcels divided between siblings with different ownership percentages. The analysis I got was incredibly detailed - they showed exactly how my stepped-up basis should be calculated for each parcel, how to allocate basis when selling only portions of the property, and gave me specific numbers for my tax liability based on different sale scenarios. What really surprised me was learning that I could use installment sales to spread the capital gains over multiple years in a way that actually reduced my overall tax liability by about $11,000! They even provided documentation I could give to my accountant with all the relevant tax code references. Honestly, I was planning to pay a tax attorney thousands for this kind of analysis. Saved me a ton of money and stress during an already difficult time.

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Another option you might not have considered - when I was dealing with selling inherited property last year, I kept calling the IRS with questions and could NEVER get through. Spent hours on hold, got disconnected, it was maddening. Someone recommended https://claimyr.com to me and shared this video: https://youtu.be/_kiP6q8DX5c showing how it works. They basically hold your place in the IRS phone queue and call you when an actual agent is on the line. I was able to speak directly with an IRS agent who walked me through the specific forms I needed for reporting the sale of inherited property, and confirmed how to document my stepped-up basis correctly. They told me exactly what supporting documentation I should keep in case of an audit. Much better than trying to figure it all out from generic online advice, especially with the complexity of partial interests and multiple buyers like in your situation.

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How does this actually work? Does this service just stay on hold with the IRS for you? I tried calling the IRS last month about something else and gave up after 45 minutes on hold.

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I don't buy it. There's no way some third-party service has a magical way to get through to the IRS faster. The IRS phone system is notoriously awful. Sounds like a scam to me.

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Yes, that's exactly how it works - they use an automated system to wait in the IRS phone queue for you. When an actual IRS representative picks up, their system immediately calls your phone and connects you directly to that live agent. No more waiting on hold for hours or getting disconnected. This isn't about skipping the line or getting through faster than everyone else. The queue time is still the same, but you don't have to be the one sitting there listening to the hold music. You can go about your day, and your phone only rings when there's actually an agent ready to talk.

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I have to eat my words. After being skeptical about Claimyr, I decided to try it anyway out of desperation when I needed to ask the IRS about an inherited property situation similar to yours. I had been trying for WEEKS to get through on my own with no luck. Using Claimyr, I got a call back about 1.5 hours later with an actual IRS agent on the line. The agent answered all my specific questions about reporting the sale of inherited property across multiple tax years. The guidance I received about how to document my stepped-up basis was incredibly valuable. The agent explained exactly what forms I needed to file and what supporting documentation to keep. They even sent me specific IRS publications that addressed my situation directly. Definitely changed my approach to the whole inheritance tax situation. Sometimes admitting you were wrong feels pretty good!

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Something important that hasn't been mentioned - you need to watch out for state-level taxes too, not just federal. Since you mentioned the property is in a state where neither you nor your brother live, you may be subject to non-resident state income taxes when you sell. Some states will withhold a percentage of the sale proceeds from non-residents. You may need to file a non-resident state tax return in the state where the property is located to potentially get some of that withholding refunded.

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I hadn't even thought about the state tax implications! Do you know if all states have these non-resident taxes on property sales, or does it vary by state? The property is in Missouri, and I live in Colorado if that helps.

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It definitely varies by state. Missouri does have a requirement for non-resident withholding on real estate sales. They generally require 2% of the sale price to be withheld, but the exact requirements depend on your specific situation. You'll want to look into Form MO-2NR (Statement of Income Tax Paid) which the buyer may need to complete. However, if your sale qualifies for certain exemptions, you might avoid the withholding. Missouri has specific rules about when withholding is required for non-residents. After the year ends, you'll need to file a Missouri non-resident state tax return to report the gain and potentially get a refund of any excess withholding. The good news is that Colorado will generally give you a credit for taxes paid to Missouri to avoid double taxation.

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Has anyone mentioned the possibility of a 1031 exchange? If you're planning to invest in other real estate, you might be able to defer the capital gains taxes.

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A 1031 exchange wouldn't work well here. Those are for investment or business property, and inherited land that's being partially sold to family doesn't typically qualify. Plus, 1031 exchanges have strict timing requirements (45 days to identify replacement property, 180 days to close) and require a qualified intermediary to hold funds. Doesn't sound like what OP needs.

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