The estate will need to use the 2010 laws
to file its final return
. In general, you would need to use the 2010 forms
, but the return is due 4-1/2 months from the end of the month in which the estate closes, so the 2010 forms would not be available. You are allowed to use the 2009 forms, but, if the estate were to have a capital gain, itself, you would need to replace the 2009 numbers on the form by the 2010 numbers. For example, if you were to fill out 1041 Schedule D
Part V, you would need to replace the $2,300 on line 24 by the appropriate 2010 number.
The sale is a little more complicated than I thought. If the $354K is more than the value of the property when it ceased to be a rental, and if the value of the property when you put it into service as a rental is at least the value of the property at death, then you apply the general rules
for the sale of a business property.
A) You calculate depreciation
allowed (or allowable) as the amount reported on the estate's 1040 Schedule E
, but limited to the amount required to bring the total rental income to $0. (Even a "profitable" rental is likely to show a rental loss.)
B) You compare the adjusted basis (the value of the property at death, plus post-death improvements, less depreciation) to the sales
price less commissions.
The form 4797 instructions inform you exactly where on the form 1041
and schedules you report the detail.
1) If you show a loss, it's an "ordinary" loss, reported on the estate's 1041 line 7.
2) If you show a gain, it's a capital gain, reported on 1041 Schedule D. The part of the gain corresponding to depreciation on the property is section 1250 gain, which is not quite as favorably taxed as "ordinary" capital gains. The part of the gain corresponding to depreciation on other than real property is ordinary income
If the property value is not increasing, as noted above, and if you have a loss, the part of the loss corresponding to times the property was not a rental would be a capital loss
The gross amount of the sale doesn't appear anywhere on the K-1s. If there is a (capital) gain, and the will doesn't explicitly allocate it to the beneficiaries, then the estate might have to pay tax on that capital gain. An aggressive approach would be to check the (allocate to beneficiaries) box on the 1041 Schedule D, but I'm not sure it's justified. It's a more complex legal question, but if the will specifies the house be sold for
the beneficiaries, it would be justified. If the will specifies that the house be sold and the proceeds distributed, it might not be.
In any case, if the estate has negative income (which seems possible), that negative income is allocated to the beneficiaries on line 11 of the Schedule K-1s.
If there were a capital gain, and it could be allocated to the beneficiaries, the overall gain would be reported on Line 4a of the Schedule K-1, and the section 1250 recapture component would be on line 4c.
I may have described how the sale is reported in more detail than you need.
The $25K should have been deducted as expenses of the estate when you made the payments, so that would have been on the 2009 form 1041, even if you don't receive it until now. If you treat it as a loan from you to the estate, the imputed interest
on the loan is additional income to you, even if not paid. Sorry about that.
The cost basis of the rental is the FMV at the time of death, plus any post-death improvements. (For some purposes, it might be considered to be the value at the time it was put into service as a rental, plus any later improvements, if less.)
The NOL from 2009 would be reported as negative other income
on the estate's 1041 line 8.
Remember that there has to be a statement attached to the 2009 form 1041 to waive carryback. The statement must specify that "you" (the estate) are choosing to waive the carryback period under section 172(b)(3) of the Internal Revenue Code
. If on an amended return
filed within 6 months of the due date
, the statement must also have "Filed pursuant to section(NNN) NNN-NNNN2" at the top of the statement.
See above on how net losses are reported on line 11 of the K-1s for the final return.
I'd have to see more detail as to why the estate owes taxes on the preliminary 2010 form 1041. Remember to include the income distribution deduction
(1041 Schedule B
). If there is tax due on the 2009 form 1041, it's unlikely you have an NOL carryover. I need more details to answer that last question.
Edited by Arthur Rubin on 6/1/2010 at 3:56 PM EST