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Question

My husband is working and making a good salary, we have a good home in North Jersey and his mother left a house to him and his sister, who lives in the house last 3 years and he is 1/2 owner on the house. The house was brought by his mom at 5,000 and now can sell for 600,000. Does my husband have to pay 45% of tax on sale of the house because of income? how does this actually work? I heard my sister in law pays nothing because she lives there. She just sold the same house (hers) next door for 600,000. They are seniors and don't work at all? please advise confused. We want to sell the house now but maybe next year when my husband retires with no salary other than Social, should we be better off to sell then? thanks

Submitted: 24 days ago.
Category: Tax
Value: $30
Status: CLOSED
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Optional Information

State/Country relating to question: New Jersey

Posted by LEV 24 days ago.

Info Request

"his mother left a house to him and his sister" - we need to clarify if the house was gifted or inherited.

Did your family or your husband's sister use the house as a primary residence?

 

24 days ago.

Reply

Was left in the will to him and his sister, so I guess it was inherited. Will indicates that house and everything gets equally divided at 1/2 each. We have held on to the house for the last 3 years, and now because of economy etc. We pay 1/2 of everything on the house, taxes, heat, oil, repairs etc. Sometimes we are lucky to rent the apt in the course of the year. If we have no rental, do we have to pay 1/2 the bills because we own 1/2 the house?

Accepted Answer

If the property will be sold - your husband and his sister will have capital gain or loss which is calculated as $600,000(selling price) - (adjusted basis)

 

As the property was inherited - beneficiaries have stepped up basis - which is a fair market value of the property at the time his mother died. That is very important to determine that value.

The basis should be adjusted by any improvement expenses after that.

As the property was owned more than a year - the gain will be taxed at reduced tax rate - not more than 15%. NJ state tax will be additional.

If because of economic condition - the value of the house went down and there is a loss - the loss on the rental property may be deducted.

 

Please let me know if you need any help in reporting or estimating your tax liability.

 

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Expert: LEV
Pos. Feedback: 99.3 %
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Answered: 10/29/2009

Tax Preparer

Taxes, Immigration, Labor Relations

23 days and 23 hours ago.

Reply

thank you. what do you mean beneficiaries have stepped up basis?property 3 yrs ago went for 600,000 now we maybe have to sell for 520,000. your saying no matter what the salaries are for either one of them, we only have to pay 15% tax on sale of the house or our income? If the house was 600,000 when she died and we get now 520,000 and we have put into the house equally for upkeep and repairs 15,000 we deduct from sale of 520,000, now is 505,000 which we pay tax on? 1/2 each your saying my husband has to pay tax on 252,000 which is 15%? no matter what my husband salary is? doesn't sale add to income exa: house + salary determines the tax capital gains he pays? sorry if I sound confusing, I just don't want to get 252 and have to pay 45% on sale due to income of ours. We then should hold onto the house until my husband then retires only with the Soc check?

Posted by LEV 23 days and 23 hours ago.

Answer

If at the time the property was inherited - the fair market value was $600,000 - that value should be used as a basis for the property - and now you will sell for $520,000 - you do not have any taxable gain, but you have a loss.

 

You may not adjust the basis with repair and maintenance expenses - only improvement expenses should be added.

As the property was used as a rental - repair and maintenance expenses should be deducted against your rental income.

 

The loss on a personal property is not deductible, but the loss for rental property is deductible on your tax return.

Please let me know if you need any help with reporting.

 

23 days and 23 hours ago.

Reply

thank you, I promise last item, so what percentage of money does my husband pay on the house for capital gains approx? are we going to have to pay a lot of money, if so, we will jus thold on to the house rather than give it up for taxes. when we sell the house, my husband would like your assist in doing the taxes, if this is possible, thanking you again.

Posted by LEV 23 days and 21 hours ago.

Answer

Please feel free to ask for clarification as long as you need.

 

Based on the information you provided - you will not have any capital gain - because th selling price will likely be less than your basis - and will not owe any capital gain taxes.

 

Unfortunately - according to JustAnswer rules - I may not contact customers outside this site and may not establish a professional-client relationship.

You might need to find a local tax prepare.

I would be glad to verify your calculations and help you with other tax issues.

 

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