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Giovanni Rossi

What capital gains tax will I pay selling vacation home inherited before marriage?

Hey tax folks! Got a situation I need some help with. My wife inherited a house when her father passed several years ago. She and her siblings had the property appraised at that time, and she bought out her siblings' portions through a quit claim deed. We've primarily used this as our family vacation spot over the years, but we've also listed it on Airbnb occasionally to help cover the maintenance costs. We rarely made any actual profit from these rentals - the income basically just helped offset the expenses of keeping the place up. Now we're planning to sell this vacation home. Since it's not our primary residence and my wife acquired it before we got married, I'm confused about what kind of capital gains tax we're going to face. The property has appreciated quite a bit since she inherited it. Does it matter that it's a vacation property and not specifically an investment property? Also, does the fact that she owned it before our marriage affect the tax situation? Any guidance on how the capital gains would be calculated in our case would be super helpful!

The capital gains calculation for your situation will depend on several factors. Since your wife inherited the property, she received what's called a "stepped-up basis" - meaning the property's tax basis became the fair market value at the time of her father's death, not what her father originally paid for it. This is generally advantageous for calculating capital gains. When she sells, the capital gain will be the difference between the selling price and that stepped-up basis (plus any capital improvements made to the property). The fact that she bought out her siblings doesn't change this - those payments were to acquire their ownership interests, not improvements to the property itself. Since this is a second home, you won't qualify for the primary residence exclusion ($250K single/$500K married). The partial rental use complicates things slightly - you'll need to recapture any depreciation you claimed during rental periods, which is taxed at 25%. The pre-marriage ownership means the property likely remains your wife's separate property, but state laws vary. The capital gains would typically be reported on your joint return but may be attributed solely to your wife depending on your state's property laws.

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Wait, so does this mean they need to split the tax return since she owned it before marriage? And what if they live in a community property state? I think that changes things.

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They don't need to split their tax return - they would still file jointly if that's what they normally do. The capital gain would be reported on their joint return regardless. In a community property state, it gets more complex. Generally, property acquired before marriage remains separate property even in community property states, but any increase in value during the marriage might be partially considered community property depending on specific state laws and whether community funds were used for improvements or maintenance.

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I went through something really similar last year with an inherited lake house. I spent hours going back and forth with different tax professionals until I tried https://taxr.ai which completely cleared things up. They analyzed my deed documents and the partial rental history and gave me a precise calculation on my capital gains exposure. The stepped-up basis is key here - make sure you have documentation of the property value at the time of inheritance. Also, don't forget to factor in any major improvements you made to the property since that time, as those increase your basis and reduce your capital gains. The service helped me identify several improvements I hadn't even considered that saved me thousands.

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Dmitry Petrov

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How exactly does this service work? Do you upload your documents and it figures everything out? I'm selling a rental property next month and getting conflicting advice about depreciation recapture.

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StarSurfer

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I'm pretty skeptical. How is some online tool supposed to understand the nuances of property inheritance and state-specific marriage property laws? Seems like you'd need a real tax attorney for something this complex.

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The service has you upload your documents (deed, inheritance paperwork, improvement receipts, rental records) and their system analyzes everything. Then you get a detailed report explaining your tax situation specific to your case. They actually have tax professionals review complex cases like inheritance situations. For depreciation recapture, they'll calculate exactly what you've claimed over the years and what you'll owe at the 25% rate when you sell. It's especially helpful for identifying which improvements can be added to your basis.

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StarSurfer

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I have to eat my words about being skeptical of taxr.ai. After posting that comment, I decided to try it since I'm also selling an inherited property. The analysis they provided was incredibly detailed - they identified issues with my deed transfer I hadn't even considered and showed me how to properly document basis adjustments from the improvements I'd made over the years. Their report explained exactly how the stepped-up basis works for inherited property and how to handle the partial rental use. They even provided guidance specific to my state's property laws. The documentation they generated will be incredibly helpful if I ever get audited. Seriously impressed with how thorough it was.

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Ava Martinez

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If you haven't already, you should really try calling the IRS directly to get definitive answers about your capital gains situation. I know, I know - everyone says it's impossible to get through to them. I was in that same boat last month with a similar inheritance/capital gains question and kept getting the "due to high call volume" message for weeks. Then I discovered https://claimyr.com which got me through to an actual IRS agent in under 45 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c - basically they navigate the IRS phone system for you and call you when an agent is on the line. The IRS rep I spoke with gave me specific guidance on how to document my stepped-up basis and which forms I needed to file for my inherited property sale.

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Miguel Castro

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Wait, how does this actually work? Is it just spam or do they actually get you through to the IRS? I've been trying to reach them for months about an audit issue.

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Yeah right. No way this actually works. I've tried calling the IRS 20+ times over the past year about incorrect penalties they assessed on my return. Best I've done is a 3.5 hour wait, and then got disconnected. If there was a solution, everyone would be using it.

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Ava Martinez

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It's not spam - they use a system that continually redials and navigates the IRS phone tree until they reach a human agent. Then they connect you directly to that agent. You don't have to sit on hold for hours - you just get a call when an agent is actually available. It literally saved me days of frustration. I was calling the IRS for weeks with no luck before trying this. The IRS agent I spoke with actually gave me several specific pointers about documenting my stepped-up basis that I hadn't found anywhere online.

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I need to apologize for my skeptical comment about Claimyr. Got desperate enough to try it yesterday after getting nowhere with the IRS for months. I was shocked when I got a call back in about 30 minutes with an actual IRS agent on the line. The agent helped resolve my penalty issue AND answered my questions about capital gains on inherited property (I'm in a similar situation to the original poster). They explained exactly how to document the stepped-up basis and which forms I need to file. Huge relief after months of stress and uncertainty. Sometimes it's worth admitting when you're wrong!

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Connor Byrne

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Don't forget to factor in the state tax component too! Federal capital gains is just part of the picture. Depending on your state, you might be paying anywhere from 0% to 13.3% (looking at you, California) on top of federal capital gains. My wife and I sold a vacation cabin last year and were shocked at the state tax bill. Make sure you're setting aside enough from the sale proceeds to cover both federal and state obligations. Your state might also have different rules about separate vs. marital property.

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Yara Elias

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Do all states tax capital gains? I thought some states like Florida and Texas don't have income tax, so would they still tax capital gains from property sales?

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Connor Byrne

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You're absolutely right - states without income tax generally don't tax capital gains either. Florida, Texas, Wyoming, Nevada, South Dakota, Washington, Alaska, and New Hampshire don't have state income taxes, so you wouldn't pay state-level capital gains taxes in those locations. However, even in those states, you still need to pay the federal capital gains tax. And some states have other property-related taxes or transfer taxes when selling real estate that could still impact your total tax burden.

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QuantumQuasar

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One thing nobody's mentioned is that you should definitely keep track of all the capital improvements you made to the property since your wife inherited it. Things like a new roof, HVAC system, significant remodeling, etc. all increase your cost basis and reduce the capital gain. We sold our lakehouse last year and our tax guy saved us thousands by having us document all the improvements we'd made over the 10 years we owned it. We increased our basis by over $45k which significantly reduced our tax bill.

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Are routine maintenance costs considered capital improvements? Like, if I replaced the water heater or fixed a leaky roof, does that count? Or only major renovations?

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