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Q: living trust and capital gains ( No Answer,   3 Comments )
Question  
Subject: living trust and capital gains
Category: Business and Money
Asked by: warlock123-ga
List Price: $20.00
Posted: 14 Apr 2006 11:57 PDT
Expires: 14 May 2006 11:57 PDT
Question ID: 718922
Do heirs have to pay capital gains tax on property sold that was in a
living trust at the time of a parent's death?
Answer  
There is no answer at this time.

Comments  
Subject: Re: living trust and capital gains
From: charliebabbage-ga on 14 Apr 2006 15:02 PDT
 
Where do you live?  If it is the US, which State?

Also, note Important Disclaimer at bottom of page re tax advice.
Subject: Re: living trust and capital gains
From: myoarin-ga on 14 Apr 2006 17:40 PDT
 
Please note the disclaimer below  - no legal or professional advice.

The estate is valued as of the date of death  - or six (?) months
later -  for the calculation of estate taxes.  This new value is the
starting value for heirs' subsequent sale of property from the estate,
i.e., capital gains only apply for gains or losses subsequent to this
valuation of the property.
The "six (?) months" (not sure about the period) allows the heirs the
choice of using a lower value for property that has demonstrably
decreased in value after the death (shares, for example).
Subject: Re: living trust and capital gains
From: dontteadonme-ga on 18 Apr 2006 17:40 PDT
 
If the property was sold while the parent was alive (and still in
possession of the trstu), the capital gain will be income on thier
final tax return (filed for the year in which they passed away).  If
the property was sold after the property passed (presumably outside of
probate, if it was a proper living trust) then the tax treatment will
depend on a number of factors.

These are extremely complicated tax issues that cut across personal,
estate, and trust taxation.  I would highly recommend consulting a tax
professional on this issue.

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