June 11, 2024

How to Avoid Paying Capital Gains Tax on Inheritance

58 minutes

Today on Tax Tuesday, Anderson attorneys Eliot Thomas, Esq., and Amanda Wynalda, Esq. delve into listener questions around inheritance taxes on property and stocks, strategies to minimize capital gains when relocating homes, and the intricacies of 1031 exchanges and syndication investments. Additional topics include LLC taxation, depreciation on rental properties, and the choice between independent contracting and LLC formation in Florida.

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Highlights/Topics:

Is there any capital gains tax when my son inherits my property or stock? - It depends. With traditional stock it’s fair market value when you pass. There’s no tax to transfer it.

I'm selling my home in South Florida soon and we like to relocate to North Carolina. I would like to reinvest a portion of a rental property into a rental property and another smaller home when I move to North Carolina. What's the best way to pay the least amount of capital gains taxes after selling my Florida home? - We’re assuming a primary residence, and considering the 121 exclusion. If you lived there 2 of the last 5 years….

How does a 1031 exchange work? What about a reverse 1031?- If you have an asset used as a rental, not being flipped, you want to defer the gain by buying a “replacement”. Time frames are very strict- 45 days. You need a qualified intermediary.

If I'm selling a property, all the investors wanna roll their money into a future investment through a 1031 exchange. Is there a legal way to still do a 1031 for the investors that want to participate? - If this is a partnership, that partnership owns the property. It could be changed to a ‘Tenancy in Common’….

I have recently opened my Wyoming LLC, got up a bank account, a business bank account for the LLC,and funded the LLC out of my personal account. I have since used the deposit of funds to make a limited partnership investment in a syndication, very popular investment. How do I best document these transactions for tax purposes? - Everything goes back to bookkeeping. Troy from our bookkeeping dept says with any capital contributions to the “equity account” for a syndication, you will receive a K1, that you can adjust at tax time based on the loss or gain of the company.

If my LLC distributes dividends to the partners, do the partners pay tax from the money they receive from the LLC?

Should I take depreciation on a rental property if I don't have a tenant that year or should I wait until finishing repair? Although it is habitable. I'm a licensed realtor by the way. - When you purchase the property, the building can be depreciated a little bit each year, but land is not depreciable until it is sold. Check out cost segregation and bonus segregation. When it is advertised or posted as “Available for Rent” and truly rentable, that is when you MUST begin taking depreciation. As a realtor, you may aim for Real Estate Professional Status…

Is it better to work as an independent contractor than to have an LLC in Florida? - Those two things are not opposites. When you're talking about from the tax side, you're usually looking at it being paid as an independent contractor versus being an employee. We look at the pros and cons of this question.

Would a new start-up with no revenue for the first two years file taxes for those years or only when the third year when the revenue was generated? - If it’s a partnership or C Corp, you may not have to pay taxes if there’s no income. It depends on how your business is set up.

Additional Q&A listener chat questions are addressed

Resources:

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