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taxguessingguy
Level 3
February 3, 2022

Cost Basis for the Real Properties sold that remained in Trust

  • February 3, 2022
  • 1 reply
  • 19 views

Hello,

Not quite sure if I’m doing this right.

The trustee sold some real estate (raw land & residential house) properties 2 years after the decedent’s death.

The agreement says the proceeds should remain in the trust and be equally divided to his children. Proceeds from the sale were still sitting in Trust’s bank account waiting for distribution.

To get the basis of the property, I'm using the acquisition cost plus capital improvements less depreciation.

Would like some sort of clarity. Should this qualify for a step-up basis at the time of death? Fingers crossed, this would lower my capital gains tax.

The gross estate is less than $3 million. 1041 returns were never filed. 

Would love to hear from y’all, big thanks!

    This topic has been closed for replies.

    1 reply

    sjrcpa
    Level 15
    February 3, 2022

    Was it a revocable trust when the real estate was put into it?

    FYI - it is not a revocable trust now. The grantor/decedent can't revoke it after their death.

    The more I know the more I don’t know.
    taxguessingguy
    Level 3
    February 3, 2022

    Just edited my post, deleted the Revocable info, lol.

    Would love to know your thoughts on this.

    sjrcpa
    Level 15
    February 3, 2022

    Still need to know:

    "Was it a revocable trust when the real estate was put into it?"

    You mentioned depreciation. Was this a rental property? Sounds like 1041s need to filed for the period(s) from date of death to present.

    The more I know the more I don’t know.