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-   -   Do I have to Claim land on taxes that was inherited? (https://www.askmehelpdesk.com/showthread.php?t=633424)

  • Feb 5, 2012, 09:49 AM
    DUSTMANN1
    Do I have to Claim land on taxes that was inherited?
    My husband and I inherited 19 acre of land from his uncle. The property got sold. How do we figure how much taxes are owe? The property was sold for 2200 an acre but the land was appraised at 5200?
  • Feb 5, 2012, 07:56 PM
    MukatA
    Your cost basis is the fair market value of the land on the date of inheritance. It appears that you sold it for price less than your cost basis. You have long term capital loss. File schedule D (form 1040) and report the loss.
  • Feb 6, 2012, 07:00 AM
    ebaines
    1 Attachment(s)
    I must take issue with Mukata's answer. You should report the sale on Schedule D and on Form 8949 if you receive a form 1099-S that documents the sale, using the fair market value as of the date of death of the decedant as its cost basis. But if the sale is a loss you show the loss as non-deductible on form 8949 (code "L" in column b), because you cannot take a loss on the sale of private property (I assume the land was not used for business purposes).

    The instructions for reporting the sale if you have a loss and receive a form 1099-S are attached. This is from the instructions for Schedule D: www.irs.gov/pub/irs-pdf/i1040sd.pdf

    If you do not receive a form 1099-S, there is no need to report the sale.

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