Legal Question in Wills and Trusts in New Jersey
is it taxable
I have e-mailed before on this subject and I wasnt clear. My mother left me beneficiary of a 16,000 investment account. It was to be used for her burial and any other outstanding debts. I did that and kept all receipts. The money was from the sale of her house so she paid tax on the money she invested. She filed tax returns and had to pay tax on the intrest the account made. I dont understand why the irs is now attaching the amount o my income and saying I owe 5000 in taxes. first the money was already taxed and I am the admisnitrator of the estate and i kept receipts I did not use the money for personal gain. They took my tax refund and stimulis payment and applied to toward the 5000 I owe. Why do i have to claim it as income?
2 Answers from Attorneys
Re: is it taxable
Your questions are legitimate, but they need to be answered by an accountant. Take all your IRS letters and estate info to a CPA and have your questions answered.
Re: is it taxable
Your facts are still deficient on a critical point. What type of account did your mother have? Was it a personal investment account created with after-tax dollars, or was it some form of retirement account like an IRA, tax-deferred annuity, SEP or KEOGH Account created with pre-tax dollars? From what you explain, it appears either (A) IRS has screwed up in some way, which can be corrected, or (B) its was some type of tax-deferred account. If it was a tax-deferred account, you became responsible for income taxes that were not paid by your mother, when she created to account. Thus, while inheritances are not usually taxable income to the recipient, if the recipient inherited a tax-deferred asset, they would be responsible for the deferred income taxes. Since the receipt of this type of account is considered to be "ordinanry income", like interest on a savings account, the amount received is added to all of your other income and taxable at the tax bracket applicable to your net taxable income. Contact me directly if you need more information or assistance.