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jgordosea, Enrolled Agent
Category: Tax
Satisfied Customers: 3159
Experience:  I've prepared all types of taxes since 1987.
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I am the administrator for my deceased brothers estate. He

Resolved Question:

I am the administrator for my deceased brother's estate. He had a commercial salmon limited entry permit for which he "grandfathered" in. He paid nothing for it . I am planning to sell it for $88,500. The proceeds will be then distributed to eleven heirs equally. How do I treat the capital gains on this?
Submitted: 5 years ago.
Category: Tax
Expert:  jgordosea replied 5 years ago.



Sorry to hear of your loss.


There is not any capital gain on inherited assets since the estate (or beneficiary) can get an increase in the basis for computing gain or loss to the fair market value of the asset on the date of death. See,,id=199749,00.html for details especially for date of death in 2010. There are also new rules due to the law change in December of 2010 that can allow even more than the amounts in that article, if needed, to get the increase in basis by electing to apply the 2011 estate tax law to a death in 2010.


If the value of the permit has not increased since the date of death then there is no gain on the sale when the fair market value of the asset became the basis.


Tax Topics - Topic 356 Decedents has good general informaiton you need as an executor. An estate that has more than $600 of income in the tax year is required to file Form 1041. The sale of assets by the estate and the distributions to the beneficiaries are reported on that form.


Please ask if you need clarification.

Best regards.





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