Legal Question in Tax Law in Georgia

Taxes on Inherited Estate Sold

Hi �

My grandmother passed away & her farm with 400 acres of land in south GA was recently sold. I gave power of attorney to my aunt who handled everything related to the sale.

I am receiving 1/3 of the profits from the sale because my mother is also deceased. I am wondering how much, if any, taxes I will pay on the approximately $80,000 I will receive? Is it considered tax on inheritance or tax on the sale of property - and does it matter?

Is there a need for me to contact a CPA or a tax lawyer to assist me & if so, which one? If there are taxes, do I pay now or during next tax season?

Thanks!


Asked on 4/27/07, 5:07 pm

1 Answer from Attorneys

Robert Thompson J. Robert Thompson Attorney

Re: Taxes on Inherited Estate Sold

Whether you will owe any tax depends on three things:

1. Did your grandmother have an estate of more than $1.5 million? If so, an estate tax may be owed, but the primary responsibility is on her executor or administrator.

2. Did the property appreciate in value between the date of her death and the date of sale? If her death was relatively recent, you probably have no " profit" in the tax sense. If it was not recent, you will owe capital gains tax on the difference between the value of her share when she died and the sale price. The executor should provide you wiht the date of death value.

3. Did the executor receive any interest on the sale proceeds before he handed them over? If so, you owe income tax on the amount of interest distributed to you. Again, the executor should provide you with this figure.

Note--if you are a "residuary legatee", that is, someone who receives a certain fraction of the entire estate, you will may have received that same share of the entire amount of income received by the estate in the year of distribution. You should consult a lawyer to see if this is the case (he will be able to interpret the will). Again, the executor should provide you with the numbers.

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Answered on 4/27/07, 5:31 pm


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