Is the stepped-up basis for zeroing out capital gains on inherited propertyand stocks driving property prices and the stock market? Are people buyingproperty and stocks as a tax dodge for their heirs?
There are plenty of other ways to mitigate estate taxes but I can’t see howthis one would work. The main problem would be the difficulty of making aprofit….for any purpose.The stepped up cost basis on the property a person inherits—stocks a piece ofproperty art work or whatever— is premised on the fact that inheritance taxeswere already calculated and paid on today’s price for that property.By example your parents buy Microsoft 10 years ago for 20000. They passaway and leave you 50000 of Microsoft stock. The inheritance tax rate willbe applied to the entire amount at today’s value 50k.So when you inherit that stock it’s as though you bought it on that dayrather than 10 years earlier.By contrast if your parents had sold their Microsoft a month before theirdeath they would have paid tax on their 30k gain. Then on their death theestate would still owe estate tax on the 50k cash left to you.
How is inherited property valued for calculation of capital gain tax?
To determine if the sale of inherited property is taxable you must firstdetermine your basis in the property. The basis of property inherited from adecedent is generally one of the following The fair market value FMV of the property on the date of the decedents death. The FMV of the property on the alternate valuation date if the executor of the estate chooses to use the alternate valuation. If you sell the property for more than your basis you have a taxable gain.
UK Taxes: When is capital gains tax applied vs inheritance tax when a propertyis inherited?
You don’t usually pay tax on anything you inherit at the time you inherit it.You may need to pay Income Tax on profit you later earn from your inheritance eg dividends from shares or rental income from a property Capital Gains Tax if you later sell shares or a property you inherited Inheritance TaxYou may need to pay Inheritance Tax on a gift the person gave you in the 7years before they died.You may also need to pay it if your inheritance is put into a trust and thetrustcan’t or doesn’t pay.If the will says the Inheritance Tax should be paid out of the assets you’veinherited the executor of the will or administrator of the estate willusually pay it.HM Revenue and Customs HMRC will contact you if you need to pay. We recommend consulting an Accountant to help you out with the minute details. Find a Specialty Local Accountant
How is capital gain tax calculated on property or other assets inherited inthe UK? How is the cost calculated for the purpose of calculating capitalgain?
The base cost for CGT purposes is the probate value essentially the marketvalue at the date of death. The executors should be able to provide you withthe necessary details.If no inheritance tax was payable on death perhaps because all the assetswent to the surviving spouse or the value of the estate was too small theremay be no value that was formally agreed with HMRC. If that is the case HMRCmay challenge the base cost used in the CGT calculations so it’s importantthat the executors have evidence to support the values returned typicallyfor realty there would be a couple of valuations from estate agents forshares in quoted companies the closing midmarket price is used.On subsequent disposal by the beneficiary the CGT calculation is done as forany other disposal net sales proceeds less base cost the net sales proceedsare after deducting the incidental costs of sale if there are specificexemptions available such as lettings relief for residences these can alsobe claimed. Given the potential complexities with CGT particularly the tightdeadline for payment of CGT in respect of the sale of UK residentialproperties by nonresidents I would strongly recommend getting thecomputations and ancillary advice dealt with by a suitably qualifiedaccountant or tax adviser.
What would be the calculation of capital gain tax for property inherited byme, sold, and it did not cost anything to the previous owner?
Full value of Consideration Amount received by you or the SDV as applicablein your caseCost Cost to the previous owner now in your case you need to go back to thatprevious owner who had actually paid consideration to buy the property.As per recent amendments You can either take the FMV as on 1st April 2001 orthe cost which is arrived as per above whichever is more beneficial to you.Indexation Indexation will be considered from 1St April 2001..The above answer is given assuming that you have had inherited the propertybeforr 2001..Incase of any further queries do let me know.Also you can post your queries Indian Income Tax Law Simplified
When children inherit a property after the demise of parents, does it attractcapital gain tax?
No Capital gain will arise on inheritance of property.As per the provision of Section 47iii of Income tax Act transfer of capitalasset property under gift or will inheritance shall not be regarded astransfer for purpose of Capital Gain and therefore whenever a personreceives some asset under a Gift or under a Will no liability to pay CapitalGains would arise in such a situation.However the liability would arise when such asset which is acquired as gift ordue to inheritance is sold or otherwise transferred subject to provision ofAct.The cost in such cases will be the cost to previous owner in case ofinheritance cost to parentExampleAFather buys a land for Rs20L in 2002. He dies on 20th March 2016. On 30thApril 2018 son decides to sell the property at Rs 500LFMV. No capital Gain shall be levied for the FY 15–16 Capital Gain shall be levied for FY 18–19 . Capital Gain 500L 20L subject to indexation.
Do I have to pay a capital gains tax if I sell my 20% of a property which Iinherited in Mexico?
It may depend on when the property was sold. If the sale is part of settlingan estate it will fall under inheritance tax not capital gainsincome tax.This might result in taxes in Mexico but possibly nothing in the US.If you took possession on the property and sold it later any gains will beincome to you which may be taxable in the US.If this is a substantial inheritance you should consult a specialist ininternational tax law.
Can both individuals claim IT rebate u/s 54EC for capital gains tax on thesale of co-owned property that was inherited?
Yes. Both the joint owners in their individual IT Returns can claim exemptionus 54EC. Theexemption is available for individuals and not on properties.
Property inheritance / quit-claim deed? : how can the new federal $11 milliongift limit be used to transfer multiple properties? I don’t intend to sell anyof the properties so capital gains is not that important. I am in the State ofWashington.
Right now this is the plan 1. File quitclaim deed to transfer property. 2. Washington doesn’t have a gift tax only an estate tax when amount is over 2.193 million is this per person by the wayi.e. married couple gets double this if they were to combine it 3. file for form 709 United States gift for 11 million lifetime exemption per person. 15000 annual gift exemption which will pretty much do nothing. Total combined assets are below 2 million market valueAnything wrong with this plan Anything to add Plan to do this before anydeaths are occuring so Transfer on Death deeds not that relevant. Theproperties will not be sold and there should not be a capital gains tax if Iam correct.