How do I avoid capital gains tax on an inherited house?

Asked by: Dr. Joseph McLaughlin  |  Last update: September 25, 2025
Score: 4.5/5 (29 votes)

How to Avoid Paying Capital Gains Tax on Inheritance
  1. Sell the inherited property quickly. ...
  2. Make the inherited property your primary residence. ...
  3. Rent the inherited property. ...
  4. Disclaim the inherited property. ...
  5. Deduct selling expenses from capital gains.

Do I have to pay capital gains on a house I inherited?

The capital gains tax only applies if the sale of the inherited property yields a profit, which is calculated as the difference between the selling price and the property's value at the time of the previous owner's passing.

How to avoid capital gains tax on house after death?

The basis of an asset is its original cost for tax purposes. The "step-up" increases the property's basis to its fair market value (FMV) at the time of the decedent's death. For tax purposes, this step-up can eliminate much of the capital gains liability if the property is later sold.

What happens when you inherit a house that is paid off?

If you are inheriting a house that is paid off, in most cases, you will still need to go through probate. Some states may allow you to bypass probate if a quitclaim deed was executed properly. However, it is likely that you will still need to go through probate even if you are inheriting a house with no mortgage.

What is a simple trick for avoiding capital gains tax?

An easy and impactful way to reduce your capital gains taxes is to use tax-advantaged accounts. Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes on assets while they remain in the account.

Capital Gains Tax On Property UK - Fatal Mistakes To Avoid

29 related questions found

How to avoid capital gains tax after selling a house?

How Do I Avoid Paying Taxes When I Sell My House?
  1. Offset your capital gains with capital losses. ...
  2. Use the IRS primary residence exclusion, if you qualify. ...
  3. If the home is a rental or investment property, use a 1031 exchange to roll the proceeds from the sale of that property into a like investment within 180 days.13.

At what age can you sell your home and not pay capital gains?

The seller, or at least one title holder, had to be 55 or older on the day the home was sold to qualify. Following the passage of the Taxpayer Relief Act of 1997, the exemption was replaced. As of 1997, there are new per-sale exclusion amounts for all homeowners regardless of age.

What is the disadvantages of inheriting a house?

Beneficiaries may need to pay out-of-pocket for ongoing expenses like property taxes, utilities, insurance and general upkeep. Also, the probate process is a matter of public record. This means that the details of your estate, including information about your home, become accessible to the public.

What is the first thing you do when you inherit a house?

If you inherit a house, changing the deed is one of the first things you'll want to do. It's an important step that ensures your name is on the deed and proves your legal entitlement to the property moving forward. Here's a step by step guide that breaks down this process.

Is there a time limit on selling inherited property?

The straightforward answer is no, and there is no specific time limit on selling an inherited property. However, certain factors will influence the timeline of the sale process. Understanding these nuances is key to ensuring a smooth and compliant sale.

Do I have to report the sale of inherited property to the IRS?

Upon selling an inherited asset, if the inherited property produces a gain, you must report it as income on your federal income tax return as a beneficiary.

What happens when you inherit a house from your parents?

When a house is transferred via inheritance, the value of the house is stepped up to its fair market value at the time it was transferred, according to the IRS. This means that a home purchased many years ago is valued at current market value for capital gains.

Do you pay capital gains if you lose money on a house?

Losses from the sale of personal–use property, such as your home or car, are not deductible. It is not eligible for the capital gains loss of up to $3,000 annually.

Do you get a 1099 when you sell an inherited house?

Your share of sales proceeds (generally reported on Form 1099-S Proceeds From Real Estate Transactions) from the sale of an inherited home should be reported on Schedule D (Form 1040) Capital Gains and Losses in the Investment Income section of TaxAct.

What is the most you can inherit without paying taxes?

Many people worry about the estate tax affecting the inheritance they pass along to their children, but it's not a reality most people will face. In 2025, the first $13,990,000 of an estate is exempt from federal estate taxes, up from $13,610,000 in 2024. Estate taxes are based on the size of the estate.

Does the IRS know when you inherit money?

Inheritance checks are generally not reported to the IRS unless they involve cash or cash equivalents exceeding $10,000. Banks and financial institutions are required to report such transactions using Form 8300. Most inheritances are paid by regular check, wire transfer, or other means that don't qualify for reporting.

When you inherit a house, do you pay capital gains?

In California, real property is one of the most valuable assets you can inherit from a loved one. But inheriting real estate that has increased in value over time can trigger capital gains tax consequences when you sell that piece of property.

Is it better to keep or sell an inherited house?

It depends on your personal circumstances. If you want to live in the home or use it as a rental property, keeping it obviously makes sense. If you don't want to do either — or if it needs significant work that you don't want to commit to — selling it will make more sense.

What happens when siblings inherit a house?

Hypothetically, if a will or trust says you and your siblings receive equal shares of a property, all of you are entitled to use and enjoy it once you have title to it; however, in most instances, siblings jointly using and enjoying a property is impractical, so another agreement may have to be made about how to divide ...

Is an inherited home considered investment property?

In this instance, if the home appreciates (rises in value) between when you inherited it and when you sell, you will be subject to capital gains tax on the difference. This is because the inherited home is now considered an investment property, even if you haven't sought to be a real estate investor.

What size estate requires probate in Minnesota?

Heirs may not take your personal property until 30 days after your death. If your personal property exceeds $75,000 or you own real estate in your name alone, your estate must be probated.

Who determines the fair market value of a home?

The appraiser or assessor analyzes real estate transactions that occur within a community and determine the factors that lead to the final sale prices.

Does a 70 year old pay capital gains tax?

Since there is no age exemption to capital gains taxes, it's crucial to understand the difference between short-term and long-term capital gains so you can manage your tax planning in retirement.

What is the one-time capital gains exemption?

If it's your primary residence

You can sell your primary residence and avoid paying capital gains taxes on the first $250,000 of your profits if your tax-filing status is single, and up to $500,000 if married and filing jointly. The exemption is only available once every two years.

What home improvements are tax deductible when selling IRS?

Here are some examples of renovations that may qualify as capital improvements, making them tax deductible when you sell:
  • Entire room remodels.
  • Home additions.
  • System upgrades (heating and cooling systems, security systems, ductwork, etc.)
  • Plumbing upgrades (septic system, water heater, filtration system, etc.)