spouse pass away in February, 2022, surviving spouse sold the primary residence

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Lynn Chiang

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Mar 27, 2023, 10:41:04 PM3/27/23
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Hi, Lee:
have a client lost wife in February, 2022,
 because the total  assets size( no debt) was  around $8.4M

I did filed form 706 to claim the estate exemption portability around late April, 2022 together w/ his year 2021 income tax return for him
all  real estates they joined owned has professional appraiser reports
the Primary residence( husband and wife owned and lived there since early year 2000) was appraised as $4.49M, no mortgage debt

then in late July, 2022, real estate market was still hot in Silicon Valley, CA
he decided to sell the Primary residence for $4.85M( house too big, he decided to move to a Condo locate in the same city) closed escrow very fast in August, 2022
after all escrow charges, he then received  net proceeds $4.64M
Immediate after closed escrow, he distributed $2M to each of his two children

Questions:
1. for year 2022 income tax reporting sale of the primary residence
    even step up the basis to $4.49M, he still have a long term capital gain about $360,000
can he and wife on 2022 their joint filed tax return still claim sec121 gain exclusion, exempt from Long Term  capital gain tax as it under $500,000

2. can the gift $4M treat all inheritance to two children from wife 50% share of the total assets they jointly owned was $8.4M  
    because we had filed 706 to IRS after she pass away



The highest compliment I can receive is the referral of your friends, family and business associates.

Thank you for your trust.

Lynn Chiang, CPA
39791 Paseo Padre Pkwy, suite#A
Fremont, CA 94538

dbhol...@gmail.com

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Mar 27, 2023, 11:49:02 PM3/27/23
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I have a client whose father just passed, the dad owned a rental house.  They just signed a year lease on it.  So if they wait until the lease runs out in a year and then sell it,  does the step up basis still stay in affect.  Just if there is any appreciation from now until the end of year they would have a capital gain.

 

If they decide to keep the house as a rental then I would use step up basis as their depreciation basis.

 

Also the dad had a number of investments I told the same thing to sell them as fast as we can and they are subject to step up basis on them also.

 

Am I thinking correctly.

 

Darrell Holder EA

Lee Reams

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Mar 28, 2023, 1:56:08 AM3/28/23
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Darrell,

First, you post your question on top of Lynn’s,which essentially hides hers and mixes up conversations.  So please in the future start a new thread by posting to clientwh...@gogglegroups.com 

With regard to your question, assuming the son is the beneficiary of the rental, the son’s basis becomes FMV at date of death and you start the depreciation for the son based on the stepped up basis. 

Lee 

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Lee Reams Sr., BSME, EA
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Matthew Bigelow

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Mar 28, 2023, 9:23:28 AM3/28/23
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I would add that I think you should be very careful about advising a client to sell inherited assets “as fast as we can”. You are potentially straying out of your lane and into investment advice for which you may or may not have any credentials. Your E/O provider might have something to say about this. Additionally, if it’s a good investment with growth prospects and/or strong current income, it may not be in the client’s best interest. And what happens if you advise the client to sell and the asset ends up making huge gains in the next year or two? They’re going to blame you for missing out. We’re already exposed to enough risk and blame as tax preparers, why take on more?

 

On the other hand, you may have some credentials in asset management, making my points completely meaningless. But for my own practice, giving this type of advice would be completely inappropriate, aside from explaining any tax consequences.

 

Matthew Bigelow, E.A.

JLZ Business Services, Inc.

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Steven Meyerson

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Mar 28, 2023, 9:58:21 AM3/28/23
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1.  Sale of the residence by the surviving spouse is allowed the $500K exclusion if the sale takes place within 2 years of the date of death of the first spouse.

2. The gift was made by the surviving spouse.  However, the net taxable gift utilizes the DSUE amount of the deceased spouse first when the gift tax return is filed, preserving the surviving spouse's exclusion.

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Darrell Holder EA

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Mar 28, 2023, 11:09:41 AM3/28/23
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Sorry Lee I didn’t mean to post over someone else.
Matt good advise but I did tell them before they doing anything to talk to their lawyer.

Darrell B Holder
American Empire
Broker
BRE 01143371
NMLS 310109



On Mar 28, 2023, at 6:58 AM, Steven Meyerson <smeyer...@gmail.com> wrote:



Lynn Chiang

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Mar 30, 2023, 6:59:17 PM3/30/23
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Thank you, Steve!

you mean I still have to file 2022  Gift tax return  to reduce deceased wife portability amount by $4M?


The highest compliment I can receive is the referral of your friends, family and business associates.

Thank you for your trust.

Lynn Chiang, CPA
39791 Paseo Padre Pkwy, suite#A
Fremont, CA 94538
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