QUESTION

Will we have to pay taxes on the land left by our mother?

Asked on Nov 28th, 2016 on Estate Planning - Illinois
More details to this question:
Mother passed away 2 years ago and left 15 acres to my sister and I. We are going to sell it.
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3 ANSWERS

Estate Planning Attorney serving La Grange, IL at Law Office of T. Phillip Boggess
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I'm assuming all the final taxes (income and estate, if any) were paid on your mother's estate. I'm also assuming that the property taxes have been paid and are up-to-date. If this is true, then you can claim a stepped up basis in the land to the time when your mother passed. Any gains from that time would be considered income and subject to income tax.
Answered on Jan 14th, 2017 at 5:37 AM

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Commercial Attorney serving Chicago, IL at Ashcraft & Ashcraft, Ltd.
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I assume your mother's taxable estate was not large enough to require any payment of an estate or inheritance tax. The value of her taxable estate would have to be in excess of $5 million to result in a federal estate tax. The Illinois state inheritance tax comes into play at a lower figure with a more complicated calculation but for simplicity lets assume the value of her taxable estate was less than $3.5 million, thus no state inheritance tax. You will have to pay a capital gain tax based upon how much the sale price exceeds the costs of sale plus the value of the property at the time of your mother's death.
Answered on Jan 14th, 2017 at 5:36 AM

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Any gain in value from Mom's date of death to the date of sale is taxable as a capital gain. Talk to an accountant.
Answered on Jan 12th, 2017 at 5:07 PM

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