Ask Liz Weston

Get smart with your money

Taxes

Q&A: Estate taxes on house bequests

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Dear Liz: You recently wrote about the capital gains tax implications when someone sells a house they’ve been given, versus one they’ve inherited. Would you elaborate on the estate ramifications for the donor if that person has a large estate? Would their estate pay tax on the gift?

Answer: Few people have to worry about either gift or estate taxes, for reasons that will become obvious in a moment. But large gifts can potentially reduce the amount a wealthy donor can pass on to heirs tax free after death.

That’s because the gift and estate tax systems are combined. Gifts over the annual exclusion amount — which in 2023 is $17,000 per recipient — reduce the donor’s lifetime gift and estate tax exemption, which in 2023 is $12,920,000.

Let’s say a donor gives a $1-million house to a friend. The amount in excess of the $17,000 annual limit, or $983,000, is deducted from the donor’s lifetime limit. If the donor died in 2023, the amount of their estate in excess of $11,937,00 would be subject to estate taxes. (Donors only owe gift taxes after they give away so much that they exhaust that lifetime limit.)

Receiving assets as a gift also means the recipient may face more taxes than if they had inherited the property.

The previous column mentioned that when someone inherits a home, the house’s tax basis is “stepped up” to the current market value. That means the appreciation that occurred during the previous owner’s lifetime isn’t subject to tax.

If someone is given a house by a still-living donor, different rules apply. There’s no step up in value. The recipient gets the donor’s tax basis, which is typically what the donor paid for the home, plus any qualifying improvements.

When the house is sold, that basis is deducted from the proceeds to determine potentially taxable profit. The recipient could face capital gains taxes on the appreciation that happened since the original owner bought the house.

On the other hand, giving away assets during life is one way to control the size of a potentially taxable estate, says Los Angeles estate planning attorney Burton Mitchell. Once the house is given away, for example, its future appreciation won’t increase the donor’s estate.

Anyone with an estate large enough to worry about these taxes should, of course, consult an estate planning attorney about the best strategies for their situation.

Q&A: Recourse when the IRS goofs

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Dear Liz: Is there a “court of last resort” when dealing with the IRS and the Treasury Department? I tried to buy an I bond using my tax refund. My tax preparer checked the appropriate box on the 1040 and submitted the form 8888. No bond was sent to me and I have been sent back and forth between the Treasury and the IRS multiple times. Finally the IRS admitted it did not notify the Treasury like it should have to generate the bond and it did apologize.

The Treasury says it can’t issue the bond without the notification from the IRS, and the IRS claims there is nothing it can do to fix the problem now. Is there any recourse whereby I can get my bond? I followed all of the rules, the 1040 was correct and to tell you the truth, I am unhappy that there does not seem to be a way of righting a wrong not of my making.

Answer: Start by contacting the Taxpayer Advocate Service, which was created in part to help resolve problems like this. You’ll find it at taxpayeradvocate.irs.gov.

Also consider reaching out to your congressional representatives, who have constituent services that may be able to help.

Q&A: Don’t do this with your retirement funds — unless you want to pay tax

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Dear Liz: I recently switched jobs and realized that I have multiple 401(k) accounts from prior employers over the years that need to be consolidated. When I reached out to my current employer’s 401(k) administrator to understand the rollover process, they said I would actually need to have a paper check mailed to me for each prior employer and then arrange to mail the checks to them. Liz, we are talking about four checks totaling a very substantial amount of money! They said there is “no other way” to process the rollovers. I cannot understand why we are still dealing with such an archaic process in this day and age. Should I be worried or should I just go ahead and take care of this now since I don’t seem to have much say in the process?

Answer: You should definitely be worried, and you also shouldn’t assume that your employer’s 401(k) administrator understands the options at other companies. Getting a check in the mail from an old plan is not only unsafe but triggers a 20% withholding requirement.

If you want to avoid taxes and penalties on the missing 20%, you’d have to come up with that money out of your own pocket. (If you didn’t deposit the check with the new plan or in an IRA, you’d owe taxes and potentially penalties on all of the money.)

When you contact the old plan’s administrators, ask if they can do a “direct rollover” to your new 401(k) account. Often, the transfer can be made electronically.

Even if the old plan uses a paper check and the U.S. mail to deliver the funds, you can avoid the 20% withholding requirement if the check is made out to your new account rather than to you.

Q&A: Mom gave them her house before she died. Why that’s bad

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Dear Liz: My mother gave her house to my brother and me in 2011 by quitclaim deed. My brother lived in the house with her until she passed in 2018, and he continues to live there. He wants to buy my half of the home, and I am wondering what my taxes may be because I am not purchasing another home with my proceeds. Since this was a gift, do these things apply? The home is valued at $500,000 so my half is worth $250,000.

Answer: Your tax bill will be based on what your mother paid for the home originally, plus any qualifying home improvements she made over the years. That is what’s known as the home’s tax basis, and it will be subtracted from the sale proceeds to determine your potentially taxable capital gain.

Let’s say your mother originally paid $100,000 for the house and remodeled the kitchen for $50,000, for a total basis of $150,000. When she gave you and your brother the house, you each received half of that basis, or $75,000. If your brother pays you $250,000, you would subtract $75,000 from those proceeds for a capital gain of $175,000.

The federal tax rate on capital gains ranges from 0% to 20% based on income, but most people pay 15%. If your state and city assess capital gains or other taxes, you’d owe those as well.

You don’t qualify for the home sale exclusion that allows many home sellers to avoid taxation on home sale profits up to $250,000. To get the exclusion, you must own and live in the home at least two of the previous five years.

It doesn’t matter that you don’t plan to buy another home; the tax law that allowed people to roll home sale profits into another home went away decades ago.

Your tax bill might have been substantially reduced if your mother had bequeathed the home to you and your brother, rather than giving it before her death. If she’d left it to you in a will or living trust, at her death the tax basis would have been “stepped up” to the home’s current fair market value.

If the home was worth $450,000 at her death, for example, you and your brother would have a tax basis of $225,000 each. If he paid you $250,000, your taxable gain would have been just $25,000.

You might be able to spread out the tax bill if your brother is willing to pay you over time rather than buy you out all at once, said Mark Luscombe, principal analyst for Wolters Kluwer Tax & Accounting.

That would be one of several issues you should discuss with a tax pro before proceeding. A big capital gain can affect other aspects of your taxes and may require you to make estimated quarterly payments to avoid penalties for underpayment. A tax pro can advise you about what to expect and how to pay what you owe.

Q&A: When an online shopping money-saving scheme is tax evasion

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Dear Liz: My father lives in Washington state. He often purchases higher-priced items online, has them shipped to relatives living in Oregon and picks them up later. That way he doesn’t have to pay sales tax. Is this a form of tax evasion? Does he need to pay a “use tax”? Could he (and the Oregon relatives) possibly be in any kind of legal danger? He claims it’s perfectly fine to do this because Washingtonians “do it all the time” by driving down to Oregon to do their shopping.

Answer: Yes, people do this “all the time” but it’s still a form of tax evasion.

Washington and other states with sales taxes typically have laws requiring people to pay a use tax when they bring home goods purchased in another state that either doesn’t charge sales tax or charges less. People may also owe use taxes when they purchase something from an individual who doesn’t collect sales tax. An example might be furniture purchased from a Craigslist ad.

But these laws can be difficult to enforce. While businesses can be subject to sales and use tax audits, individual taxpayers are unlikely to face the same scrutiny.

Q&A: Getting your delayed refund

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Dear Liz: Here’s another option for the person whose tax return got amended and who was still waiting for a refund. Contact your member of Congress or U.S. senator. They have constituent service staff who might be able to prod the IRS. This worked for our family when we learned my late father was owed two refunds from a few years before his death. The abysmal IRS phone system kept hanging up on me. My U.S. senator happens to sit on an IRS oversight committee and his staff is the only reason we finally received the refund checks after 11 months of wrangling.

Answer: Thanks for sharing your experience. Constituent service staffs can be helpful in resolving serious problems with various government agencies, although many people currently expecting refunds will simply have to wait to get their money. That’s extremely unfortunate, since refunds are a financial lifeline for many struggling households.

As mentioned in the previous column, the IRS is still slogging through a massive backlog created by the pandemic and years of inadequate funding. Getting through on the phone remains difficult, so people’s first stop should be the IRS.gov website, which offers a number of self-help resources for routine tasks, including the “Where’s My Refund?” tool, the “Where’s My Amended Return?” status tracker and a wealth of articles, publications and calculators.

The next stop might be the Taxpayer Advocate Service, which allows taxpayers to file a request for assistance if a missing refund is causing financial difficulties. The service is also warning about significant delays in helping taxpayers because of the IRS backlog.