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Capital Gains - unimproved real estate

Posted on 6/20/21 at 6:22 pm
Posted by GentleJackJones
Member since Mar 2019
4144 posts
Posted on 6/20/21 at 6:22 pm
I have what hopefully is a straight forward, easy question.

In 2018, I had about 38 acres deeded to me (land is in Tennessee) by my grandmother prior to her passing. There’s no house, valuable timber, etc.

I’m wanting to sell it. Will I have to pay capital gains on it? I’m thinking I can get anywhere from $250,000 - $330,000 according to the realtor.

Also, not sure if helpful, but I’m living Georgia.
Posted by brokelikeajoke
Member since Jan 2019
231 posts
Posted on 6/20/21 at 7:17 pm to
You will need a tax professional. Was it a gift, part of an estate at death, etc??
You may get a basis from 2018 (and retro appraisal can be done if not done at the time).

Generally you should get an appraisal at time of receiving the property so tax strategy can be planned (optimally before the transaction occurs).
This post was edited on 6/20/21 at 7:20 pm
Posted by jfw3535
South of Bunkie
Member since Mar 2008
4643 posts
Posted on 6/20/21 at 7:18 pm to
You would pay capital gains tax on the gains (difference between your baiss and the sales price). I'm guessing it was gifted to you by your grandmother? If so, you would have her basis in the land, so ultimately I guess it would depend on what that number is.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
42454 posts
Posted on 6/20/21 at 7:31 pm to
You got some bad advice since it was gifted before she died. RIP your taxes. You get her basis in the property -- whatever she paid for it years ago
Posted by Chingon Ag
Member since Nov 2018
2773 posts
Posted on 6/20/21 at 7:54 pm to
Hopefully, she acquired it not too long before her passing.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37034 posts
Posted on 6/21/21 at 8:15 am to
Your basis in the land is what your grandmother paid for it (had she waited until she died and you inherited it, your basis would be the FMV at the time of death).

Any chance there are still some records around that might have that amount listed? Like purchase docs from when she was alive?

Failing that, in Tennessee you may (not sure) be able to search the courthouse records to see if a value is listed on the deed when she purchased it.

If that doesn't work, I would see if you can at least find out when she bought the property, and do some sort of retrospective appraisal.

It will be a long term capital gain.
Posted by ithad2bme
Houston transplant from B.R.
Member since Sep 2008
3468 posts
Posted on 6/21/21 at 10:06 am to
quote:

(had she waited until she died and you inherited it, your basis would be the FMV at the time of death).


This may soon change, Biden's current tax proposal would eliminate step up basis for anything over $1MM. This will hit small businesses and family farms especially hard.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37034 posts
Posted on 6/21/21 at 1:59 pm to
quote:

This may soon change, Biden's current tax proposal would eliminate step up basis for anything over $1MM. This will hit small businesses and family farms especially hard.


Correct. And that 1M will have to be allocated.
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