Home News Would You Pay Capital Gains Tax On Your Inherited Property?

Would You Pay Capital Gains Tax On Your Inherited Property?

Would You Pay Capital Gains Tax On Your Inherited Property?

Capital gains tax is the income tax paid on any profit one makes from the sale of a property or company. Many people are unaware that the capital gains tax rate can be quite high, especially when you’re selling your inherited property. This article breaks down how to avoid high capital gains taxes and how much inheritance taxes will cost you in the long run.

What does capital gains tax, or CGT stand for?

Capital gains tax on inheritance is a levy on the profit made when you sell an asset, such as property or stock. It’s paid by the person who sells the asset, not the person who buys it.

The basic principle behind CGT is that when you sell something, your gain (the excess of the sale price over the purchase price) is taxable. The amount of your gain that’s taxable depends on how long you’ve owned the asset. If you’ve owned it for less than a year, your gain is taxed at your regular income tax rate. If you’ve owned it for more than a year but less than two years, your gain is taxed at 10% of its value. If you’ve owned it for more than two years, your gain is taxed at 20% of its value.

There are some exceptions to these rules. For example, if you sell an asset to buy another similar asset within one year, your gain from the first sale is exempt from CGT. And if you’re selling an asset to pay off a debt that’s been outstanding for more than two years, part of your gain may be exempt from CGT.

What is CGT?

CGT is a tax on the disposal of certain assets. In most cases, it applies to the gain made when you sell an asset—for example, a property or shares in a company. CGT is also charged on the amount you receive when you inherit an asset.

How does CGT work?

When you sell an asset, your gain is taxed according to its value on the date of sale. This means that if you sell an asset for more than it was worth on the date of your inheritance, you will pay tax on the extra money. Conversely, if you sell an asset for less than it was worth on the date of your inheritance, you will not have to pay tax on the difference.

What are some examples of assets that are subject to CGT?

Some examples of assets that are subject to CGT include properties, shares in companies, cash, and investments (such as bonds and shares in trusts). Certain types of property (such as residential properties and commercial property) are exempt from CGT.

How is the process of inheriting property different from how we traditionally think it was?

Inheritance is usually considered a process where an individual inherits property from someone else. However, this is not always the case. Inheritance can be a complex process that can vary drastically from person to person.

When an individual inherits property, the laws of intestate succession come into play. This means that the property will pass through the individual’s intestate estate instead of being passed down through their family line. This can create some major legal consequences for the inheritor, and they may need to consult with an attorney to make sure they are following all the correct steps.

There are a few key things to keep in mind when inheriting property: first, you will need to gather all of the relevant documents. This includes your deceased relative’s Will and any other probate-related paperwork, as well as any deeds or mortgages on the property. You will also want to make sure you have copies of these documents in case something goes wrong during the inheritance process.

Once you have gathered all of the necessary paperwork, you will need to fill it with your local county clerk’s office. This will initiate the inheritance process and set it in motion.

How do inheritance laws and CGT laws compare to other countries?

Inheritance taxes in the United States are based on the principle of “proportional sharing” of the estate’s value among the beneficiaries. This means that only the first $5.43 million (2015) in taxable estate value is subject to taxation, with an additional 0.9% tax assessed on amounts over $5.43 million. The wealthiest individuals may be taxed up to 40% of their estate’s value, while lower-income beneficiaries may only be subject to a 10% tax.

Unlike many other countries, the United States does not have an inheritance tax on capital gains property. Upon death, any property owner (including corporations) is considered to have sold their property at its fair market value on the date of death, and therefore any capital gains accrued during that time are taxable at ordinary income rates regardless of whether or not any taxes were paid on those gains previously.

There are several reasons why this difference between U.S. inheritance and CGT laws exists. For one, CGT is designed as a revenue-raising mechanism; it is not intended to provide incentives for heirs to make wise investments or to improve familial wealth creation prospects.

How do I avoid or reduce capital gains tax on my inherited property?

There are a few ways to reduce or avoid capital gains tax on inherited property. The most common way to avoid capital gains tax is to sell the property within two years of inheriting it. If you sell the property within a shorter period, you may be able to claim some of the gains as a deduction.

Another way to reduce or avoid capital gains tax on inherited property is to use the fair market value of the property as your basis. This means that you don’t have to report any of the gains on the property until you sell it. This can help reduce your taxable income.

Finally, if you inherit property that is subject to a gain ROM (real estate investment trust), you may be able to avoid capital gains tax altogether if you sell the property before it reaches its maturity date.


There are a lot of questions that come to mind when it comes to capital gains tax, such as whether or not you’ll have to pay taxes on your inherited property, how much you’ll have to pay, and what counts as an inheritance. Hopefully, this article has helped answer some of those questions and provided some insight into the process. If you still have any unanswered questions or if you need help filing your taxes, don’t hesitate to reach out to one of our professional tax preparers.