How to avoid paying capital gains tax on inherited property

Inheriting property can be both a blessing and a financial challenge. While receiving real estate as an inheritance represents a significant asset, it can also trigger substantial tax obligations when you decide to sell. Understanding how to avoid capital gains taxes (CGT) on inherited property is crucial for preserving the wealth you've received and maximizing your inheritance.

NOTE! Capital gains tax on inherited property works differently than on typical real estate transactions, giving inheritors unique opportunities to minimize their tax burden.

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Ways to avoid or minimize capital gains tax on inherited property

When dealing with an inherited house or inherited land, several strategies can help you legally reduce or eliminate capital gains tax obligations. Here are six effective approaches:

1. Sell the property immediately after inheritance

One of the most straightforward ways to avoid paying taxes on inherited property is selling it shortly after receiving it. This approach takes advantage of the "stepped-up basis" rule.

The stepped-up basis allows you to inherit the property at its fair market value at the time of the previous owner's death rather than the original purchase price. This effectively eliminates any capital gains that occurred during the previous owner's lifetime.

Pro tip: If you sell the property before its value appreciates significantly from the stepped-up basis, you may owe little to no capital gains tax.

2. Convert the property into a primary residence

If immediate sale isn't your preference, consider moving into the inherited house and making it your primary residence.

When you live in a property as your main home for at least two of the five years before selling it, you can qualify for the home sale exclusion. This allows you to exclude up to $250,000 of capital gains from your taxable income ($500,000 for married couples filing jointly).

This approach works well if you're between homes or planning to downsize anyway. By living in the inherited property, you can avoid capital gains taxes while solving your housing needs.

3. Utilize the 1031 exchange for investment properties

If the inherited property is an investment property, the 1031 exchange (also known as a like-kind exchange) offers a powerful tax deferral strategy.

This IRS provision allows you to defer capital gains taxes by reinvesting the proceeds from your sale into a similar investment property. While this doesn't eliminate taxes permanently, it postpones them indefinitely if you continue to exchange properties throughout your lifetime.

NOTE! The 1031 exchange has strict timelines and requirements. You must identify a replacement property within 45 days of selling the inherited property and complete the purchase within 180 days.

4. Gifting the property instead of selling

Rather than selling the inherited property, you might consider gifting it to your heirs. This approach can be particularly beneficial if you don't need the proceeds from the sale immediately.

When you gift property during your lifetime, the recipient takes on your basis (the stepped-up value you inherited). While this doesn't eliminate taxes, it can shift the tax burden to someone who might be in a lower tax bracket.

5. Set up a trust

Establishing an irrevocable trust can provide significant tax advantages for inherited property. By placing the property in a trust, you can potentially reduce estate taxes and provide more control over how and when the property passes to beneficiaries.

Certain types of trusts can also help avoid capital gains taxes through strategic timing of distributions or by taking advantage of charitable giving provisions.

Pro tip: Consult with an estate planning attorney to determine which type of trust might be most beneficial for your specific situation.

6. Donate the property to charity

If you're charitably inclined, donating the inherited property to a qualified charitable organization can eliminate capital gains taxes while generating a significant income tax deduction.

You can deduct the property's fair market value at the time of donation, potentially offsetting your other income tax obligations. This approach is particularly practical if the property has appreciated significantly since you inherited it.

When do you owe capital gains tax on inherited property?

Understanding when capital gains tax applies to inherited property helps you plan your strategy effectively. Here are the key scenarios:

Personal use property

If you inherit property and use it as your personal residence, you'll only owe capital gains tax if you sell it for more than its stepped-up basis and don't qualify for the home sale exclusion discussed earlier.

The home sale exclusion allows you to exclude up to $250,000 of capital gains from your taxable income ($500,000 for married couples filing jointly) if you’ve lived in the property for at least two of the five years before selling it. This strategy can help you avoid capital gains taxes on inherited property by converting it into your primary residence.

Investment property

Inherited investment properties like rental homes are subject to capital gains tax when sold. The tax is calculated on the difference between the sales price and the stepped-up basis.

However, you may also be eligible for depreciation deductions while you own the property, which can offset some of the rental income taxation.

However, you may also be eligible for depreciation deductions while you own the property, which can offset some of the rental income taxation. Also helpful in avoiding capital gains taxes by reducing the taxable gain through depreciation.

Stepped-up basis considerations

The stepped-up basis rule is crucial for inherited property taxation. This provision resets the property's tax basis to its fair market value at the time of the previous owner's death, essentially wiping out any gains that occurred during their ownership.

NOTE! Proper documentation of the property’s value at the time of inheritance is essential. To ensure you have a solid foundation for calculating your tax liability, consider getting a professional appraisal to establish the stepped-up basis accurately.

Selling immediately or renting out

The timing of your sale can significantly impact your tax situation. You can avoid capital gains taxes on inherited property by minimizing the time for appreciation. 

Selling immediately after inheritance typically results in minimal capital gains tax because there's little time for the property to appreciate beyond its stepped-up basis.

If you decide to rent the property instead, you'll need to consider both income tax on rental proceeds and potential capital gains tax when you eventually sell.

Estate or trust sales

If the inherited property is sold by the estate or trust before distribution to heirs, different tax rules apply. The estate or trust will be responsible for paying any capital gains tax on the sale.

This scenario can be beneficial if the estate or trust has a lower tax rate than the individual heirs, potentially helping to avoid capital gains by shifting the tax burden.

Donating to charity

Charitable donations of inherited property can eliminate capital gains tax while providing a tax deduction equal to the property's fair market value, making this an attractive option for those with philanthropic goals looking to not only support good causes but to be financially prudent.

Reporting the sale on tax returns

When you do sell inherited property, proper reporting is essential to avoid penalties and ensure compliance with IRS regulations:

You'll need to report the sale on >Schedule D (Form 1040) and >Form 8949. These forms require you to provide details about the acquisition date, sale date, purchase price (the stepped-up basis), and selling price.

Be particularly careful when declaring the tax basis. Overstating the basis to reduce taxable gain can lead to penalties. If you're unsure about the correct basis, consult with a tax professional who specializes in inheritance taxation.

If this is for the sale of a primary residence, we have covered this exact topic before. Our article covers capital gains tax on the sale of your property, whether it's at home or abroad.

For those specifically interested in this article, it also covers the IRS Section 121 exclusion ($250K/$500K), eligibility requirements (two-year residency rule), tax rates based on income, special circumstances (military service, illness, job changes), rules for death/divorce, calculating adjusted basis, partial exclusions, converting to rental property, and treatment for non-citizens who renounce status.

Maximize your tax savings – get professional advice now

Navigating the complexities of capital gains tax on an inherited property requires expertise and careful planning. The strategies discussed here offer valuable starting points, but each inheritance situation is unique.

We will help you understand your specific tax obligations and identify the best approach for your financial situation. Our team of highly qualified tax professionals specializes in helping expatriates and domestic clients manage their inheritance tax responsibilities efficiently.

Contact us today to schedule a consultation and ensure you're taking advantage of every available opportunity to minimize your tax burden on inherited property.