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Ashton Karp
  • Real Estate Agent
  • Bonney Lake, WA
27
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Capital gains when spouse dies

Ashton Karp
  • Real Estate Agent
  • Bonney Lake, WA
Posted

Hello, BP. I have a situation that I would like the hive-mind's thoughts on. 

How will the formula for Capital Gains be affected after a spouse passes away?

Real life example for clarification. 

Home is purchased in 2002 for $325,000 and used as a primary residence for the duration of ownership. 

Husband passes away in October 2021. Home is sold in August 2022 for $900,000. The home is in WA state, a community property state. 

How would capital gains be calculated in this situation? I am not looking for a number, but an understand of the process when a spouse dies. 

Is there a step up in basis for the husbands half of ownership, will there be a $250,000 or $500,000 homestead deduction, and are there other mechanisms in play that I may not be aware of?

The seller has consulted their CPA but I am looking for a better understanding here. 

Thank you, everybody!

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Sam Yin
  • Los Angeles, CA
738
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Sam Yin
  • Los Angeles, CA
Replied
Quote from @Bill B.:

LMGTFY:


https://www.rocketmortgage.com...
.   

TLDR:

What about a step up in basis at the death of a spouse?

Depending on your state, you may be able to enjoy a step up in basis upon the death of a spouse.

Non-Community Property States

In every state but the community property states, spouses are treated as joint tenants with rights of survivorship (JTROS). With that treatment, you may receive a step up in basis for one-half of the property when a spouse dies. The other half of the increased value would be included in the deceased spouse’s estate.

Community Property States

If you live in a community property state, things work a little bit differently. When the first spouse dies, the surviving spouse enjoys a step up in basis to both ownership portions of the property. With that, a surviving spouse that decides to sell will save on capital gains taxes.


 Bill,

You the man!  I learn something every day.  

  • Sam Yin
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