Tax Implications of Inheriting a Promissory Note from Installment Sale - Help Needed!
My mom passed away about 8 months ago and left me and my siblings a promissory note from a business she sold back in 2019 (mostly commercial property and some structures). Looking at her final tax return, she was treating it as an installment sale with roughly 60% of each payment being taxed as capital gain. I'm also handling her estate as executor. After meeting with our estate attorney when we first opened the estate, he mentioned that since real property typically passes directly to heirs without probate, I should keep these note payments separate from the estate. So that's exactly what I've been doing - the monthly payments have been split proportionally between all the beneficiaries (myself included). But now tax season is here, and I'm completely lost on how to handle this on my taxes. I could really use some guidance: * Did I mess up by distributing payments directly to beneficiaries instead of running them through the estate? Should the estate be filing a tax return for this note income? The estate has no other income and would otherwise not need to file. If I did mess up, can I fix this with some accounting adjustments since the estate has no outstanding debts? Or do I need to somehow get all that money back into the estate accounts until everything's closed? * What happens with basis? From my research, since the property was sold before death, it seems the original gain percentage continues to apply for the entire life of the note, even though it was inherited. But that feels unfair since if we had sold the property after her death, we'd get a stepped-up basis to fair market value and save a fortune in taxes. The note does include a lien on the business property that lets us (the heirs) reclaim the property if payments stop, so the remaining principal still feels like real property that should qualify for step-up. * How do I report this on my personal tax return (or on the estate's return if that's correct)? Do I continue reporting it as an installment sale? Or is it considered a seller-financed mortgage? Or if the step-up in basis does apply, do I just report the interest portion as ordinary income? I'm in North Carolina, and the sold business was located in Kentucky, if that matters.
25 comments


QuantumQuasar
This is a complex situation, but I can help clarify a few things for you. When you inherit a promissory note from an installment sale, the tax treatment depends on several factors. First, regarding the distribution of payments directly to beneficiaries: Whether this was correct depends on how the promissory note was titled. If your mother owned it individually (not in a trust), then technically it should have gone through the estate. However, since the estate has no debts and the distributions went to the proper beneficiaries according to the will, this is likely more of a procedural issue than a tax problem. You don't necessarily need to pull the money back, but you should document this clearly for your records. Regarding the step-up in basis question - unfortunately, you're correct in your understanding. Since the property was already sold during your mother's lifetime and converted to an installment note, the gain percentage established during the original sale continues. The installment obligation itself doesn't receive a step-up in basis. The IRS treats this differently than inherited real property. For reporting the income on your tax return, you'll need to report your proportional share of both the interest income and the capital gain component. This would typically be reported on Schedule D (for the capital gain portion) and Schedule B (for the interest portion). You'll essentially be "stepping into the shoes" of your mother regarding the tax treatment. You should obtain information about the original installment sale from her records to correctly calculate the gain percentage. I recommend consulting with a tax professional who specializes in estate matters to ensure everything is handled correctly.
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Mei Wong
•Thank you for the detailed response! Just to clarify - the note wasn't specifically mentioned in her will, but the will did have a residuary clause splitting everything else equally between me and my siblings. So if I understand right, I probably should have run it through the estate formally? Also, is there any way to determine if the lien on the property might allow for some kind of partial step-up in basis? It seems so unfair that if she had sold it a day after death instead of two years before, we'd save so much in taxes.
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QuantumQuasar
•Yes, if the promissory note wasn't specifically distributed in the will but fell under the residuary clause, technically it should have gone through the estate. However, since you're distributing according to the will's intentions and there are no creditors to be concerned about, this is more of a procedural issue than a tax problem. To clean things up, you could document this as an "advance distribution" from the estate. Unfortunately, the lien doesn't change the tax treatment in this case. The IRS views the installment note as a separate asset from the underlying property. Once your mother converted the property to an installment note during her lifetime, the tax treatment was set. The lien simply provides security for the debt but doesn't change the fact that the sale already occurred and the gain was established. I understand it feels unfair compared to if she had held onto the property until death, but tax law makes a clear distinction between unsold property (which gets a step-up) and installment obligations from property already sold (which don't).
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Liam McGuire
I was in a similar situation last year when my uncle passed and left me payments from a business sale he made. Using https://taxr.ai really cleared things up for me. I uploaded all the documents (the original sale agreement, my uncle's last tax return, and will details) and it identified exactly how to handle the continued installment payments. The tool confirmed I needed to continue reporting the same gain percentage as my uncle did (no step-up), but it also found a legitimate way to reduce my tax liability through some special provisions for inherited installment obligations that my regular tax software missed. The breakdown of interest vs. principal components made filing much simpler too. Dealing with inherited installment notes is tricky because it falls into this weird gray area between property inheritance and income continuation. Having everything analyzed properly saved me from making expensive mistakes.
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Amara Eze
•Did it actually walk you through how to fill out the specific tax forms? I'm in a somewhat similar situation with my dad's estate but the CPA wants to charge me $1,200 for handling just this one aspect of my taxes. Wondering if this could save me some money?
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Giovanni Greco
•How does this tool work with more complex situations? My parents had a partnership that sold property on installment, and now with mom gone, I'm trying to figure out what percentage of the note payments are taxable to me vs what should be on dad's return. Would it handle partnership complications?
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Liam McGuire
•Yes, it walks you through the exact forms needed. For inherited installment notes, it guided me to use Schedule D for reporting the capital gain portion and Schedule B for the interest income. It even generated a supplemental statement explaining the inheritance situation to attach to my return. Definitely saved me the $900 my accountant wanted to charge. For partnership situations, it handles those too. It has specific modules for partnership interests and guides you through allocating the correct percentages between continuing partners and inherited interests. The documentation section was particularly helpful in explaining how the basis calculations work when only one partner passes away but the installment note continues.
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Giovanni Greco
Just wanted to update that I tried taxr.ai after seeing the recommendation here, and wow - it really did simplify things! I uploaded the partnership agreement, the original sale documents, and my mom's final K-1, and it broke down exactly what portion of each payment should be reported as capital gain versus interest income. The step-by-step guide for completing Form 6252 for the installment sale was incredibly clear. What impressed me most was how it explained that I needed to file both a final return for my mom's share of the partnership income and then show the transition to my inherited interest. The tool even created a detailed statement explaining the situation that I could attach to my return to prevent questions from the IRS. Definitely worth it instead of paying my accountant for extra hours of research.
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Fatima Al-Farsi
I had a nightmare situation trying to get answers from the IRS about inherited installment notes last year. Called for MONTHS and couldn't get through. Finally used https://claimyr.com to connect with an IRS agent and got clarification on how to report the inherited installment note. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed that yes, the gain percentage continues from the original seller, but they also pointed me to a special provision in Publication 559 that explains exactly how to report inherited installment obligations. It was actually super helpful to have someone walk me through the specific steps for my situation rather than trying to interpret the generic instructions. Got everything resolved in a single 45-minute call after months of frustration.
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Dylan Wright
•Wait, you actually got a human at the IRS to answer a technical tax question like this? I'm skeptical... every time I've managed to get through, they just refer me to publications and won't give specific guidance.
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Sofia Torres
•How long did it take to get the callback once you used that service? I've been trying to reach someone at the IRS about an inherited property issue for weeks now.
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Fatima Al-Farsi
•I absolutely got a human who answered my specific question. The key is that I reached someone in the Estate & Gift Tax department who actually understands these issues, not just a general customer service rep. They referenced specific sections of the code and even emailed me a follow-up with the exact paragraphs that applied to my situation. That's why getting through to the right department matters so much. It took about 3 hours to get the callback after using the service. They told me it would be 2-4 hours, and it was almost exactly 3. Much better than the "we'll call you back in 15 business days" message I kept getting when trying on my own. The representative also stayed on the line until I was connected to an actual IRS agent, not just placed in another queue.
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Dylan Wright
I need to apologize for my skepticism! After reading about Claimyr here, I decided to try it for my own inherited property tax issue. Got a callback from an IRS estate tax specialist in about 2 hours who actually knew what they were talking about (shocking, I know). The agent confirmed that for inherited installment notes, there's no step-up in basis for the gain portion, BUT they pointed me to a specific worksheet in Publication 559 that shows exactly how to calculate the reportable amounts. They also explained that I needed to file Form 6252 with my personal return rather than having the estate continue to report it. Most importantly, they provided clarity on how to document everything to avoid triggering an audit flag. This saved me weeks of stress and probably a lot of money in potential penalties for doing it wrong.
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GalacticGuardian
I'm a bit late to this conversation, but I wanted to add something that hasn't been mentioned yet. If the installment note has a provision that accelerates payment upon death (some do), you might have the option to report all the remaining gain in the decedent's final return rather than continuing the installment method. This could potentially be advantageous if your mother was in a lower tax bracket than the beneficiaries. Also, regardless of how you handle the distribution issue, make sure you're issuing 1099-INT forms to all beneficiaries for their portion of the interest income if the annual amount exceeds $600. This is often overlooked with family transactions but is technically required.
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Mei Wong
•Thanks for adding this perspective. The note doesn't have an acceleration clause, but that's interesting to know for future reference. About the 1099-INT forms - should I be issuing those as the executor, or should the estate be doing that? And do I need to issue them for the portion that's capital gain, or just the interest component?
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GalacticGuardian
•You would issue the 1099-INT forms as the executor on behalf of the estate. And you only need to issue them for the interest portion of the payments, not the capital gain component. The capital gain portion is reported differently and doesn't require a 1099 form. If you've been distributing the payments directly to beneficiaries as they come in, you might need to do some recalculation to determine exactly how much of each beneficiary's distribution was interest versus principal repayment versus capital gain. The original amortization schedule from the installment sale should help with this breakdown.
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Dmitry Smirnov
Has anyone mentioned the potential impact of state taxes? This can get tricky with property in Kentucky but the estate/executor in North Carolina. Some states treat installment sales from out-of-state property differently, and you might need to file multiple state returns. Kentucky might consider the installment payments as Kentucky-sourced income since that's where the property was located, even though you're now receiving the payments in North Carolina. Double check both states' rules on this to avoid unexpected state tax bills later. I learned this the hard way with an inherited property sale between California and Nevada!
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Ava Rodriguez
•This is such an important point! I had a similar situation with property in Arizona while living in Washington. Even though Washington has no income tax, I still had to file an Arizona non-resident return for the installment payments. The state claimed the income was Arizona-sourced since that's where the property was located. Some states also have special inheritance taxes separate from income taxes that might apply. Kentucky is one of them, though they exempt close relatives like children.
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Cassandra Moon
As someone who went through a similar situation with my father's estate last year, I want to emphasize the importance of getting proper documentation in order now. The IRS can be very particular about inherited installment sales, and you'll want to have a clear paper trail. Make sure you have copies of the original installment sale agreement, your mother's tax returns showing how she reported the payments, and detailed records of how you've been distributing the payments to beneficiaries. If you don't have the original sale documents, you might be able to get copies from the buyer or their attorney. One thing I learned is that even though the gain percentage continues from the original seller, you can sometimes benefit from different tax rates depending on when you receive the payments. If any of the beneficiaries are in lower tax brackets than your mother was, the continuing installment method might actually work in your favor compared to if she had received all the payments during her lifetime. Also, consider having the estate file a Form 706 if the total estate value (including the present value of the remaining installment payments) exceeds the federal exemption threshold. This can help establish the proper valuation for inheritance purposes and protect you from future IRS questions about the note's value.
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Victoria Jones
•This is really helpful advice about documentation! I'm wondering about the Form 706 requirement - does the present value of the installment note get calculated using current market rates, or is there a specific IRS method for valuing inherited installment obligations? My mom's estate is probably close to the threshold when you include the remaining note balance, but I'm not sure how to properly value it for estate tax purposes. The note has about $180,000 remaining in principal payments over the next 6 years at 4.5% interest. Should I be using that interest rate or current market rates to calculate present value? Also, do you know if there are any special provisions for family installment sales that might affect the valuation? The buyer was actually my mom's business partner, so it wasn't exactly an arm's length transaction.
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NeonNebula
I went through something very similar when my grandmother passed and left us an installment note from farmland she sold. One thing that really helped was getting a formal valuation of the note done by a certified appraiser who specializes in installment obligations. For Form 706 purposes, the IRS typically wants you to use the fair market value of the note at the date of death, which involves discounting future payments to present value using current market interest rates for similar risk investments - not necessarily the stated rate on the note itself. Since your note is at 4.5% and current rates are higher, the present value would likely be less than the face amount, which could help keep you under the filing threshold. The fact that it was a sale to a business partner definitely matters and could trigger additional scrutiny. The IRS might question whether the terms were truly at fair market value. I'd strongly recommend getting professional help with the estate valuation if you're anywhere near the filing threshold. Also, don't forget that if you do need to file Form 706, you can elect to pay any estate tax attributable to the installment payments over time as you receive them (Section 6166), rather than all upfront. This can be a huge help with cash flow if estate tax does apply.
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Luis Johnson
•This is incredibly detailed and helpful information! I hadn't even considered that the present value calculation would use current market rates rather than the note's stated rate - that makes perfect sense and could definitely work in our favor given how rates have changed. The point about Section 6166 for paying estate tax over time is something I need to research more. If we do end up needing to file Form 706, having the option to pay any tax as we receive the installment payments would be much more manageable than a lump sum. You mentioned getting a certified appraiser for the installment obligation - do you happen to remember what that cost? And did they provide documentation that satisfied the IRS, or did you end up with additional questions during any review process? I want to make sure if I go that route, I'm getting something that will actually hold up under scrutiny.
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Hazel Garcia
I've been following this conversation with great interest as I'm dealing with a similar inheritance situation. One aspect that hasn't been fully addressed is the potential for state-specific complications when the deceased lived in one state but the installment sale property was in another. Since you mentioned your mom was in North Carolina but the business was in Kentucky, you'll likely need to file returns in both states. Kentucky may claim the installment payments as Kentucky-sourced income regardless of where you now live, and North Carolina will want to tax you as a resident on all income including the inherited installment payments. This could create a double taxation situation, but most states have provisions for credits when you pay tax to another state on the same income. Make sure to keep detailed records of any Kentucky taxes paid so you can claim the appropriate credit on your North Carolina return. Also, since Kentucky has specific inheritance tax rules (though they generally exempt direct descendants), double-check that the original sale and subsequent inheritance don't trigger any additional Kentucky obligations beyond the ongoing income tax on the installment payments. The interstate complexity is yet another reason to consider getting professional help, especially since you're dealing with both estate administration and ongoing tax obligations across state lines.
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Anita George
•This is exactly the kind of complexity I was worried about! I hadn't fully considered the interstate tax implications. Since I'm now living in North Carolina and receiving the payments here, but the original property was in Kentucky, it sounds like I could potentially be filing returns in both states every year until the note is paid off. Do you know if there's a minimum threshold for Kentucky to require a non-resident return? With the payments split between multiple beneficiaries, each person's individual share might be relatively small. Also, I'm wondering if the fact that this is inherited income rather than income I directly earned changes anything about the sourcing rules. The inheritance tax point is interesting too - even though Kentucky generally exempts children, I should probably verify that applies to inherited installment obligations and not just direct property inheritance. This is definitely making me lean toward getting professional help rather than trying to navigate all these state-specific rules on my own. The potential for making a costly mistake seems really high with this many moving pieces.
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Ella Cofer
I'm dealing with a somewhat similar situation after inheriting part of my late father's business sale installment note, and I wanted to share a few additional considerations that might help. One thing I discovered is that you should check if the original installment sale election was properly made on your mother's tax return in 2019. If Form 6252 wasn't filed correctly or if certain required statements were missing, it could affect how you need to report the continuing payments. The IRS can be quite strict about the technical requirements for installment treatment. Also, regarding the lien provision you mentioned - while it doesn't change the basic tax treatment, you should consider whether that lien has any impact on the note's fair market value for estate purposes. A secured installment note is generally worth more than an unsecured one, which could be relevant for Form 706 filing threshold calculations. For the multi-state issue, I found that keeping detailed monthly records of exactly which portion of each payment represents interest, principal, and capital gain makes the state filing process much smoother. Each state may have different forms and requirements, but having that breakdown readily available saves a lot of headaches. One last thought - since you mentioned this was a business sale to your mother's partner, make sure you understand any ongoing obligations or rights you might have inherited beyond just receiving payments. Sometimes these business sale agreements include provisions about competition, use of business names, or other matters that could affect the heirs.
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