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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? |
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There is no answer at this time. |
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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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