• About Us
    • Small Businesses
    • Mid-Size Businesses
    • Individual Taxpayers
  • Tax
    • Business Tax Preparation
    • Individual Tax Preparation
    • Trust and Estates Tax Preparation
    • IRS Audit
    • Unfilled Tax Returns
    • Tax Consulting
  • International Tax
    • Expat Taxation
    • New US Residents
    • Foreign Assets Reporting
    • Inbound International Tax
    • Outbound International Tax
    • Dual Status Taxpayers
    • Foreign Trust Taxation
    • Foreign Investment in US
    • FATCA compliance
    • Int’s Bookkeeping
  • Accounting
    • Financial Statements Preparation
    • Review of your Books
    • Quickbooks
    • Xero Accounting
  • Advisory
    • Business Best Practices Coaching
    • Entity Structure & Tax Elections
    • Accounting System Analysis & Implementation
  • Pricing
    • Free Initial Meeting
    • Tax Return Fees
    • Manageable Cost for Service Year Around
  • Portal
  • Contact Us
Victoria Bogdanovich CPAVictoria Bogdanovich CPA
Victoria Bogdanovich CPAVictoria Bogdanovich CPA
  • About Us
    • Small Businesses
    • Mid-Size Businesses
    • Individual Taxpayers
  • Tax
    • Business Tax Preparation
    • Individual Tax Preparation
    • Trust and Estates Tax Preparation
    • IRS Audit
    • Unfilled Tax Returns
    • Tax Consulting
  • International Tax
    • Expat Taxation
    • New US Residents
    • Foreign Assets Reporting
    • Inbound International Tax
    • Outbound International Tax
    • Dual Status Taxpayers
    • Foreign Trust Taxation
    • Foreign Investment in US
    • FATCA compliance
    • Int’s Bookkeeping
  • Accounting
    • Financial Statements Preparation
    • Review of your Books
    • Quickbooks
    • Xero Accounting
  • Advisory
    • Business Best Practices Coaching
    • Entity Structure & Tax Elections
    • Accounting System Analysis & Implementation
  • Pricing
    • Free Initial Meeting
    • Tax Return Fees
    • Manageable Cost for Service Year Around
  • Portal
  • Contact Us

10 estate and income tax questions – 5

Home Tax Updates10 estate and income tax questions – 5

10 estate and income tax questions – 5

September 19, 2023 Posted by Victoria Tax Updates

5. Does the estate contain a principal residence or vacation home with significant value?

These types of assets commonly have a low basis that would result in capital gains tax if sold during life. If held outright until death, the home will be included in the estate and receive a basis adjustment to the fair market value (FMV) on the date of death that will eliminate most of the capital gains tax owed upon a future sale. If sold during life, there is a potential personal residence gain exclusion ($250,000 if single, $500,000 if married).

It may make sense to transfer the home into a qualified personal residence trust (QPRT) to avoid the inclusion of future appreciation in the estate. This strategy freezes the home’s value for estate tax purposes at the expense of forgoing a potential step-up in basis. A QPRT allows the taxpayer to transfer the home into a trust with a retained right to live in the home for a certain term. The retained right to live in the home discounts the value of the gift to the trust, and, assuming the taxpayer outlives the term, the value of the house is excluded from the estate. The transferor must pay FMV rent to continue living in the house once the term has ended.

An estate may also have an opportunity to deduct a loss on the sale of a home when the loss would otherwise be nondeductible by an individual. If the value of the home declines after the date of death, or if a loss is generated due to selling costs, case law (Miller, T.C. Memo. 1967-44, and Watkins, T.C. Memo. 1973-167) supports possible deductibility of the loss since the home is a capital asset held by the estate. This loss may be deductible on the estate’s income tax return and be subject to the capital loss limitation rules.

Despite case law supporting possible deductions, IRS Chief Counsel Memorandum 1998-012 explains that such a deduction is allowed only when the property has been converted to an income-producing property. The memorandum is not authoritative; however, it does provide insight into the IRS’s position and highlights an area of potential scrutiny.

Planning point: It is important to weigh the benefits of transferring a home out of the estate before death versus holding on to it to receive a potential step-up in basis. Use caution when relying on case law in planning, as the IRS has not indicated that it agrees with the outcome of the cases related to deducting a loss on the sale of a residence after death.

You also might be interested in

Midyear IRS mileage rate increase follows precedent, recent pleas

Jun 22, 2022

While the IRS usually sets the optional standard mileage rates[...]

Commercial Clean Vehicle Credit Safe Harbor Announced for 2024

Feb 8, 2024

The IRS on Wednesday provided a safe harbor under the[...]

Rights for the R&D Credit and Sec. 174

Aug 29, 2024

Taxpayers claiming research and development (R&D) tax credits for work[...]

Recent Posts

  • IRS Offers Gift Tax Safe Harbor for Contributions to Trump Accounts July 16, 2026
  • Taxpayers Advised They Can Ignore CP53E Notice — After Verifying Error May 18, 2026
  • IRS Finalizes Deduction Rules for Tips, Adds Eligible Jobs April 20, 2026
  • IRS Dirty Dozen Adds New Capital Gains Scheme for 2026 April 16, 2026
  • New Schedule 1-A for Tips, OT, Car Loans, and Senior Deductions Published March 12, 2026
Experience something completely different. Start Here

Contact Info

  • Victoria Bogdanovich, CPA
  • 3321 Bee Cave Rd Ste 201
  • 512-814-8311
  • info@victoria-cpa.com
  • www.victoria-cpa.com

Fresh from blog

  • IRS Offers Gift Tax Safe Harbor for Contributions to Trump Accounts
  • Taxpayers Advised They Can Ignore CP53E Notice — After Verifying Error
  • IRS Finalizes Deduction Rules for Tips, Adds Eligible Jobs
  • IRS Dirty Dozen Adds New Capital Gains Scheme for 2026

© 2025 victoria-cpa.com

  • Home
  • About
  • Contact
Prev Next