Rev. date: 04/09/2013
To figure the basis of property you receive as a gift, you must know 3
amounts:
- The
adjusted basis to the donor just before it was given to you.
- The
fair market value (FMV) at the time it was given to you.
- The amount of any
gift tax paid.
If the FMV of the property at the time of the gift
is less
than the donor's adjusted basis, your basis depends on whether you have a
gain or loss when you dispose of the property.
- Your basis for figuring a
gain
is the same as the donor's adjusted basis, plus or minus any required
adjustments to basis while you held the property.
- Your basis for figuring a
loss
is the FMV of the property when you received the gift, plus or minus any
required adjustments to basis while you held the property.
Note: If you use the donor's adjusted basis for figuring a gain and get a loss, and then use the FMV for figuring a loss and get a gain, you have neither a gain nor loss on the sale or disposition of the
property.
If the FMV
is equal to or greater than
the donor's adjusted basis, your basis is the donor's adjusted basis at the time
you received the gift. If you received a gift after 1976, increase your basis by
the part of the gift tax paid on it that is due to the net increase in value of
the gift. To figure the net increase in value or for more information on
gifts received before 1977, see
Publication 551,
Basis of Assets. Also, for figuring gain or loss, you must increase or decrease your basis by any required adjustments to basis while you held the
property.
Rev. date: 12/21/2012
The money you receive from the sale of your home is part of your amount realized on the sale, even if the money is used to pay off the mortgage. However, the money may not be subject to
tax.
If your amount realized, which generally includes any cash or other property you receive, plus any indebtedness assumed or paid off by the buyer, minus your selling expenses, exceeds your adjusted basis in your home, you have a capital gain on the sale.
Your adjusted basis is generally your home’s cost plus any capital improvements (if you financed the purchase of the house by obtaining a mortgage, the mortgage proceeds are included in determining your cost basis in your
residence).
You may be able to exclude from income all or a portion of the gain on your home sale. If you may exclude all of the gain, you do not need to report the sale on your tax return, unless you are required to otherwise file a return and you received a
Form 1099-S (PDF),
Proceeds From Real Estate Transactions. To determine the amount of the gain you may exclude from income or for additional information on the tax rules that apply when you sell your home, refer to
Publication 523,
Selling Your Home. Any gain that you may not exclude must be reported as income on your
return.
Rev. date: 12/21/2012
You may be able to exclude gain from the sale of the property. The capital gain exclusion associated with the sale of the principal residences requires that
you:
- meet the ownership and use tests, and
- cannot have used this exclusion on any other residence during the 2 year period that ends on the date of
sale.
If you used and owned the property as your principal residence for 2 years out of the 5 year period ending on the date of sale, you have met the ownership and use tests for the exclusion. This is true even though the property was rental property for the last 3 years before the date of the
sale.
For rental property, the law has additional limits on the amount you may exclude; you may not exclude the part of your gain equal to any depreciation deduction allowed or allowable for periods after May 6,
1997.
Generally, you are allowed an annual depreciation deduction on your rental property and must reduce the basis of the property by the amount of your depreciation deductions. If you do not claim some or all of the depreciation deductions allowable under the law, you must still reduce the basis of the property by the amount allowable before determining your gain on the sale of the property.
The gain attributable to the depreciation may be subject to the 25% unrecaptured Section 1250 gain tax rate. Refer to
Publication 523,
Selling Your Home, and
Form 4797 (PDF),
Sales of Business Property, for specifics on how to calculate and report the amount of
gain.