Which Schedule on Form 1041 do I use to report house sale from an estate trust?
I'm trying to figure out the estate tax return for my aunt who passed away last year. She left her vacation property in a family trust, and we've recently sold the house as trustees. The proceeds (about $425,000) need to be distributed among 20 different family members according to the trust terms. I've been stuck on this Form 1041 for days trying to determine exactly which schedule I need to use to properly report this property sale. I've looked through the instructions but they're so confusing with all the different schedules and attachments. Does anyone know specifically which schedule on the Form 1041 I should be using for reporting the sale of a house that was part of the trust? I'm getting pressure from the family to get this distributed but want to make sure we're filing everything correctly first.
20 comments


Daniel White
You'll need to report the sale on Schedule D of Form 1041 (Capital Gains and Losses). This is where you report the sale of capital assets, including real estate held in the trust. Make sure you have the original cost basis of the property (what your aunt paid for it plus any capital improvements) and the selling price. The difference between these amounts, minus selling expenses, is the capital gain or loss that needs to be reported. The property likely received a stepped-up basis to the fair market value at the date of death, which may significantly reduce any taxable gain. Also, you'll need to complete Form 8949 (Sales and Other Dispositions of Capital Assets) to provide the details of the sale before transferring the total to Schedule D. The 1041 instructions can be confusing, but these are the primary forms you'll need for the property sale.
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Nolan Carter
•Thanks for the info! Question though - if the property got a stepped-up basis at death, does that mean there's basically no tax to pay if we sold it right after she died? And do we still distribute the K-1s to all 20 beneficiaries even if there's little to no gain?
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Daniel White
•If the property was sold fairly close to the date of death, there likely would be minimal capital gain since the stepped-up basis would be very close to the sale price. You'd still report the sale, but the gain might be small or none. Yes, you should still issue K-1s to all beneficiaries who received distributions from the trust. The K-1s would show each beneficiary's share of income, deductions, and credits – even if the capital gain is minimal. Remember that distributions themselves are also reported on the K-1s, regardless of whether there was a gain on the property sale.
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Natalia Stone
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Tasia Synder
•How accurate was it though? I'm dealing with my mom's estate and have had bad experiences with other tax programs giving me wrong information for complex situations. Does it handle all the different state-specific trust rules too?
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Selena Bautista
•Did you still need to get an accountant to review everything after using the tool? I'm in a similar position but I'm worried about messing up and getting hit with penalties.
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Natalia Stone
•The accuracy was really impressive. It correctly identified all the tax nuances for my situation, including correctly calculating the stepped-up basis which saved thousands in potential capital gains. I was skeptical at first too, but their analysis matched what an accountant later verified. Yes, it handles state-specific trust rules. You simply indicate which state the trust is in during setup, and it applies the correct state-specific regulations. In my case, it correctly applied California's specific requirements which differ from federal in some areas.
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Selena Bautista
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Mohamed Anderson
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Ellie Perry
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Landon Morgan
•I don't believe it. I've tried everything to get through to the IRS. No way this actually works as described - especially for estate tax questions which require specialized agents.
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Mohamed Anderson
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Landon Morgan
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Teresa Boyd
One thing nobody's mentioned yet - if the sale proceeds were already distributed to the beneficiaries, you may need to issue K-1s showing each beneficiary's portion of the gain (or loss). Make sure you're tracking who got what percentage of the distribution to properly allocate on the K-1s. Also, check if the trust is a simple or complex trust as this affects how the income is reported and distributed. For a simple trust that requires all income to be distributed, the gain would flow through to the beneficiaries. For a complex trust, the trust itself might pay tax on some of the gain.
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Abigail Patel
•Thanks for bringing this up. So for our situation, I think it's a simple trust because the terms require all proceeds to be distributed immediately. Does that mean the beneficiaries will each pay their portion of any capital gains tax instead of the trust paying it? And how do I indicate on the 1041 that the trust is simple vs complex?
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Teresa Boyd
•Yes, in a simple trust, the capital gains would generally flow through to the beneficiaries, who would then report their portion on their individual tax returns. This is typically beneficial as the beneficiaries may have lower tax rates than the trust (trusts reach the highest tax bracket very quickly). You indicate the trust type on page 1 of Form 1041 by checking the appropriate box. There are specific boxes for "Simple trust" and "Complex trust" that you'll need to mark. Also ensure you complete Schedule B of Form 1041 to show the income distribution deduction, which effectively passes the taxable income to the beneficiaries.
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Lourdes Fox
Has anyone dealt with a situation where the house significantly appreciated between death and sale? My situation is similar but we didn't sell right away and now there's a huge gain from the stepped-up basis to sale price.
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Bruno Simmons
•Yes, I went through this exact situation. If there's significant appreciation between the date of death (when the step-up occurred) and the sale date, that appreciation IS taxable. You'll still use Schedule D, but you'll have a gain to report based on the difference between the stepped-up basis and the final sale price. For example, if the property was worth $300k at death and sold for $375k two years later, you'd have a $75k capital gain to report and distribute to beneficiaries. Depending on how long the trust held it after death, it could be short-term or long-term capital gain.
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Brooklyn Foley
I'm dealing with a very similar situation right now with my grandmother's estate. One additional thing to consider that hasn't been mentioned yet - if the property was used as a rental before your aunt passed, you may also need to deal with depreciation recapture on Schedule D. This gets reported as ordinary income rather than capital gains and can significantly impact the tax liability. Also, make sure you get a proper appraisal of the property as of the date of death to establish the stepped-up basis. The IRS may question the valuation later, especially with a $425,000 property, so having professional documentation is crucial. I learned this the hard way when they asked for supporting documentation during my grandmother's estate audit. For the K-1 distributions to 20 beneficiaries, consider whether any of them are minors or have special circumstances that might affect how they report their share of the gain. This can get complex quickly with that many people involved.
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Summer Green
•This is really helpful about the depreciation recapture - I hadn't even thought about that possibility! Quick question though - how do you determine if there was rental use before death? Would that information typically be in the trust documents or do I need to look at previous tax returns? And if there was rental depreciation, does that change which forms I need beyond just Schedule D and Form 8949?
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