In life, there are things we prepare for and things that hit us out of the blue. Inheritance taxes are definitely one of these subjects that can cause us to pause, especially if the inheritance is due to the death of a loved one.
Talking about what to do with an inheritance can be difficult but is necessary, depending on your state.
Some common questions we receive about inheritances are: Can we sell a property we received in an inheritance? How does paying inheritance taxes work?
Well, for starters, anytime someone dies you may be subject to pay an estate tax, a capital tax, a gift tax, or an inheritance tax.
Let’s break down the specifics around the different kinds of inheritance taxes and the steps you need to take to obtain your inheritance.
Preparing for Inheritance Tax
Does inheritance count as taxable income?
When it comes to tax returns and inheritance, you can take a sigh of relief: since inheritance does not apply as taxable income, you don’t need to report it on federal or state income returns. This, however, does not exclude you from paying the taxes on them at both the federal and state level.
What happens when you sell inherited property?
When selling an inherited property, be prepared to acquire a tax on the funds that you receive from the sale of the property. These taxes are called capital taxes.
Capital taxes can be calculated by subtracting the sold price of the property from its value. This balance will be what is owed.
If you sell a property for less than the property is worth, then this sale will be considered a capital loss and you will owe nothing. Anything else is considered a capital gain. For instance if I have a home that is valued at $250,000 and I’m selling it for more than it’s worth , at lets say $300,000 then I will be subject to paying taxes on the additional $50,000 that I receive from the sale of the property.
Keep in mind that capital gains can either be short or long term. Short term is considered selling any time within a year after inheriting the property. The capital gains are taxable as it will be applied as ordinary income, while long term as anything after a year. Depending on your tax bracket and the length of time before selling your property, you may be subject to a capital tax of up to 20 percent or more.
Estate Taxes
Speaking of home value, let’s transition to estate taxes, which primarily focuses on property value. Estate taxes are the taxes paid on the value of the descendant’s property.
These taxes are paid for by the estate—not the beneficiary, before actually receiving the inheritance, and can decrease the amount of inheritance received by the heir. Taxes on estates can be owed at both the state and federal level, which we will dive into later.
Gift Taxes
Similar to inheritance taxes, gift taxes apply when an individual receives a large amount of money or property of great value. They differ in that both parties have to be alive for it to be considered a gift tax, and the inheritor must not pay full value for the gift .
The amount of this tax depends on the yearly exemption limit for each year. For example, the lifetime exemption limit in 2017 was $5.49 million before paying gift taxes were required. If the amount of the gift is valued at less than $14,000.00, you will not have to pay anything.
On a side note, this exemption is per person and is doubled for married couples.
There are a few types of inheritance gifts that are free from being taxed, including:
- Charitable contributions
- Gifts to a U.S. citizen who is also a spouse,
- Educational gifts (must be paid directly to the financial institution)
- Medical expenses paid directly to the person giving care
Gift taxes are probably the simplest type of tax since many Americans are exempt from it. If this does not apply to you, we have the resources to help you make the right decisions with the monetary and property you’ve inherited.
Inheritance tax at the state and federal levels
So now that we covered estate and inheritance taxes let’s move on how to apply those taxes at state and federal levels.
Inheritance Tax at the State Level
When a loved one passes and you inherit assets or property, you are required to pay taxes. This type of tax can sometimes be confused with an estate tax, which is a different kind of “death” tax.
There are only six states that require you to pay inheritance taxes:
- Maryland
- Nebraska
- Kentucky
- New Jersey
- Pennsylvania
- Iowa
If your state isn’t listed, you’re in the clear—at least at the state level.
For those in the states listed above, paying inheritance taxes depends on your relationship with the deceased.
Seemingly at the state level starting in 2019, 12 states require payment of estate taxes. Those states are as follows; Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New York, Oregon, Rhode Island, Vermont, and Washington. It’s essential to look at the state of the inheritance as the exemptions may vary. Most importantly, these estate taxes have to be paid to the state prior to receiving an inheritance, so be sure to make this a priority.
How much do you have to pay for inheritance taxes?
That is a great question. Below are estimates which vary from year to year.
- Pennsylvania 4.5%-15%
- New Jersey 0%-16%
- Nebraska 1%-18%
- Maryland 10%
- Kentucky 4%-16%
- Iowa 5%-15%
Some Exceptions on Inheritance Taxes
Surviving spouses are always exempt from inheritance tax, no matter what state you’re in. Now, if you are a child or grandchild living in New Jersey, Kentucky, Iowa, or Maryland, you are safe as well.
Pennsylvania and Nebraska may require payment, depending on the relationship of the deceased to the inheritor.
Inheritance tax at the federal level
Inheritance taxes are not considered taxable income, so that’s one less thing you have to report on federal taxes. Keep in mind depending on the relationship; you may be subject to state taxes. The type of property or assets obtained may be subject to a tax as well.
For example, a 401(k) will be applied as income in federal taxes if you do any distributions; however, if the value of a home is less than 11.4 million after credits and allowable tax deductions then you are safe from paying the tax on it.
Be prepared
In all seriousness, there are different levels when it comes to inheritance taxes, and you want to ensure yourself or other family members are setting up paperwork correctly, so there are no mishaps or complications when dealing with a deceased person and their assets.
Losing a loved one is hard enough, tack on having to worry about taxes owed to the federal government and budgeting the finances, and you’ve got a mental overload. It is imperative to plan extensively and talk to a tax professional to break down the complexities involved with taxes on inherited property. At Considine and Considine, we implement tax planning specific to the person and consistently strive to build trust and a solid foundation with our clients.
We Can Help With Your Inheritance Taxes
At Considine and Considine, we take the load off your shoulders by consulting you through the tough times to ensure you have peace of mind and security. Schedule a consultation today!