Inherited assets are generally not subject to income tax upon receipt, but capital gains tax may apply if the asset is sold for more than its fair market value on the date of the decedent's death. Due to a "stepped-up basis," you only pay taxes on appreciation that occurs after inheriting the asset, not on growth during the original owner's lifetime.
To avoid capital gains tax on inheritance, sell inherited assets immediately at their stepped-up basis (value at death) to realize no gain, use it as your primary residence for the Section 121 exclusion, donate it to charity, or use a 1031 exchange for real estate; the key is leveraging the "stepped-up basis" to erase prior gains, as the cost basis resets to the value on the date of death, notes Gudorf Law and SmartAsset.com.
For example, if you hold the inherited property for more than a year, you'll pay the long-term capital gains rate, which is between 0% and 20%. If you sell the property less than a year after inheriting it, you'll pay the short-term capital gains rate, which ranges from 10% to 37%.
Generally, you don't report the inheritance itself to the IRS because it's not considered taxable income for you federally; however, you must report income the inheritance generates (like interest or dividends), handle inherited retirement accounts (which are taxable), and report large foreign inheritances (using Form 3520). The deceased person's estate pays any federal estate tax (if applicable).
Children generally inherit significant amounts tax-free due to the high federal estate tax exemption, which is $13.99 million per individual for 2025, with a planned reversion to a lower amount ($5 million adjusted for inflation) in 2026, meaning very large estates are taxed, but most inheritances fall below this threshold, though some states have their own inheritance taxes. Heirs also benefit from the "step-up in basis," which lowers capital gains tax on inherited assets like stocks and real estate.
Yes, you can give your son $100,000 tax-free in 2025 by utilizing the annual gift tax exclusion and your lifetime exemption, but you'll need to report the gift to the IRS on Form 709 since it exceeds the $19,000 annual limit, though you won't pay tax unless you exceed your much larger $13.99 million lifetime gift/estate tax exemption. The gift is considered yours (the giver) for tax purposes, not your son's.
CGT doesn't usually apply at the time you inherit the dwelling, however it will apply when you later sell or dispose of the dwelling, unless an exemption applies. if you dispose of the inherited property within 2 years (or the within an extension period) of the deceased person's death.
Your beneficiaries (the people who inherit your estate) do not normally pay tax on things they inherit. They may have related taxes to pay, for example if they get rental income from a house left to them in a will.
You can typically inherit a very large amount from your parents before hitting federal estate tax thresholds, which are around $15 million per individual in 2026, meaning most heirs receive tax-free inheritances because estates rarely exceed this limit; however, some states have their own estate or inheritance taxes, and income from inherited assets (like IRAs or rental income) is usually taxable, according to this U.S. Bank article, this Fidelity article, this Domain Money article, and this Tax Foundation article.
How does the IRS learn about inherited assets? Inherited assets may appear through estate filings, financial institution reporting, probate documents, property title transfers or tax reporting by executors and trustees.
In theory, a transaction can be subject to both Capital Gains Tax and Inheritance Tax (IHT). For example, CGT could be due on the sale of shares or property in the estate if they've increased in value since the IHT valuation. In this case, some double tax relief may be available.
The 20% rule for capital gains refers to the highest federal tax rate for long-term capital gains, applying to higher income brackets when you sell investments (stocks, real estate) held for over a year, with lower rates of 0% and 15% for lower incomes, and even higher rates for special assets like collectibles. This rate kicks in for single filers earning over approximately $492,300 (2024) or $533,401 (2025), and higher for joint filers, making holding assets over a year a key tax strategy.
The "6-year rule" for Capital Gains Tax (CGT) in Australia allows you to treat a former main residence as tax-exempt for up to six years after you move out, even if you rent it out, enabling you to avoid CGT on any growth during that period. You qualify by moving out, choosing to treat it as your main home for tax, and can reset the rule by moving back in. If you rent it out for longer than six years, only the portion of the gain after the six-year mark becomes taxable.
Give more money away
Lifetime gifting is a straightforward way to begin reducing your IHT bill. By gifting money during lifetime, that would have been part of an inheritance anyway, you reduce the size of your estate so that there is smaller amount subject to IHT on your death.
Not on the inheritance itself. California has no inheritance tax or estate tax. You only owe capital gains tax when you sell the property, and only on appreciation above the stepped-up basis.
While state laws differ for inheritance taxes, an inheritance must exceed a certain threshold to be considered taxable. For federal estate taxes as of 2024, if the total estate is under $13.61 million for an individual or $27.22 million for a married couple, there's no need to worry about estate taxes.
Every individual has a basic Inheritance Tax (IHT) threshold of £325,000, known as the Nil Rate Band. Assets below this value generally pass to beneficiaries free of tax. If the estate is worth more than that, IHT at 40% usually applies on the excess, unless exemptions or reliefs reduce the amount due.
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.
Inheritances are not considered income for federal tax purposes, whether you inherit cash, investments or property. However, any subsequent earnings on the inherited assets are taxable, unless it comes from a tax-free source.
Key Scenarios Where CGT Applies
However, this is rare, as most assets are distributed to beneficiaries before being sold. If you, as the beneficiary, sell the property after inheriting it, CGT will apply to the gain made from the probate value to the sale price.
The 7 year rule
No tax is due on any gifts you give if you live for 7 years after giving them - unless the gift is part of a trust. This is known as the 7 year rule.