Trusts & tax free gain on primary residence

Trusts & tax free gain on primary residence

Investor · Statewide, MO · Member since 2011 · 814 posts · 425 votes

I heard that if a person puts their primary residence in a trust and sells it for a gain, that said gain is taxable.
We all know if a person owns & occupies (qualifies) for the 250/500k tax free gain on the sale of their primary residence, but the question, is:
does holding the home in a trust disqualify you? Thanks to the brains behind the answer!

0Reply
21 views

Most Popular Reply

J ScottPro Member
Moderator
Investor · Sarasota, FL · Member since 2008 · 17k+ posts · 17k+ votes
14y

For federal tax purposes, the sale of the trust will be treated as if made by the grantor of the trust; so yes, the grantor of the trust will get the capital gain exemption:

http://www.irs.gov/pub/irs-wd/9912026.pdf

See this reply in the discussion

4 Replies

Jump to latestLatest
  • Real Estate Investor · the villages, FL · Member since 2008 · 5k+ posts · 3k+ votes
    14y

    I don't believe this is true. Get Estate person's reply, but I'm pretty confident. You can always chenge it back! Rich

  • J ScottPro Member
    Moderator
    Investor · Sarasota, FL · Member since 2008 · 17k+ posts · 17k+ votes
    14y

    For federal tax purposes, the sale of the trust will be treated as if made by the grantor of the trust; so yes, the grantor of the trust will get the capital gain exemption:

    http://www.irs.gov/pub/irs-wd/9912026.pdf

  • Real Estate Investor · Northeast TN, TN · Member since 2008 · 516 posts · 361 votes
    14y
    Originally posted by Ed O.:
    I heard that if a person puts their primary residence in a trust and sells it for a gain, that said gain is taxable.

    Ed, I agree with those who have responded so far about no capital gains as long as the trust is a revocable trust. If the trust is irrevocable the gain may or may not be taxable, depending on how the trust is drafted. Make sure you discuss this with your tax pro and/or attorney.
  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    14y

    Mr. Walston and Mr. Scott are correct. As long as it is a revocable or living trust you are fine.

    Your resident tax guy
    -Steven C Hamilton II EA

Join the conversationCreate a free account to reply, vote on answers and follow this thread.