After the death of a spouse, do you have to pay capital gains? (2024)

After the death of a spouse, do you have to pay capital gains? (1)If your husband has recently passed away, you may decide it’s time to sell your home. Maybe it holds too many sad memories, or it’s just too big for you to handle on your own, or you simply want to live closer to your children.

Whatever your reason, if your house has increased in value over the time that you’ve owned it, then you might worry that selling your house will set you up for a big tax bill from Uncle Sam, thanks to capital gains tax.

A Quick Review of Capital Gains

Whenever you sell an asset, such as a home, for more than you paid for it, the difference is the capital gain. So, let’s say that you purchased your home in 1992 for $300,000 and today that same home is worth $600,000. (Good job!) If you sold the home for $600,000, your capital gain would be $300,000.

It should come as no surprise to you that Uncle Sam wants to take his share of your newfound wealth. Depending on your current tax bracket, you could be asked to pay a capital gains tax of 0% – 20% on the capital gains from your home’s sale.

Before you start writing your congressperson in outrage, there are ways that you can avoid or at least dramatically lower your capital gains tax burden. Let’s look at four ways to save you some major money.

The Capital Gains Tax Exemption

The first and easiest way to lower your capital gains burden is to take advantage of the capital gains tax exemption. For singles, the current exemption is $250,000. That means that the tax won’t apply to the first $250,000 of your capital gains.

This is great news if your house hasn’t appreciated more than $250,000. However, many seniors have lived in their homes for decades, which means the property could have increased significantly in value since they first purchased the house.

Sticking with our original example, if you sold your home for $300,000 more than what you bought it for, you would face capital gains taxes on $50,000 ($300,000 – $250,000).

The capital gains tax exemption only applies if you:

  • Are selling your primary residence,
  • Have owned your home for at least two years,
  • Have lived in your home for two of the past five years

Exclude Home Improvements

The government lets you deduct money that you’ve invested into your home from your home’s sale price when you report capital gains. For example, let’s say that you spent $50,000 on a kitchen remodel in 2005 and then added a granny flat on the property for $75,000 in 2014. In total, you’ve spent $125,000 on major home improvements, which you can deduct from the sale price of your home.

Even though your home sold for $600,000, in essence, it really sold for $475,000 ($600,000 – $125,000). Now, the capital gain on your home is only $175,000 ($475,000 – $300,000), which is within the capital gains tax exclusion. In this scenario, you wouldn’t have to pay any capital gains on your property.

Low Income Tax Bracket

The percentage of the capital gains tax you will face when you sell your home will depend on your yearly income, including the capital gains. Here is how the taxes on income break out for single individuals in 2016. (These numbers will change from year to year):

  • $0 – $37,650 in yearly income = 0% capital gains
  • $37,650 – $415,050 in yearly income = 15% capital gains
  • $415,050+ in yearly income = 20% capital gains

As you can see here, as long as you keep your income below $37,650, including capital gains, you won’t have to worry about capital gains taxes at all. If you are earning $50,000 this year but are planning to retire next year, if you have taxable capital gains, it might be worth it to wait until next year to sell your home when you’ll be earning far less and part of your capital gains will be taxed at a lower rate, or not at all.

Step-Up Basis After the Death of a Spouse

As a recent widow, you have one more card to play to beat capital gains tax. In all likelihood, you and your husband owned your home jointly (both of your names were on the deed) or there was a built-in right-of-survivorship. What this means is that when your husband died, his half of the home went to you.

Something else happened during that transfer that most homeowners don’t realize. Your husband’s half of the home transferred to your ownership on a stepped-up basis. When he died, his portion of the house updated (or stepped up) to the current fair market value of the home.

In our example, you purchased your home with your husband for $300,000. Let’s say that on the day your husband died, your home was worth $550,000. When his half of the home transfers to you, it isn’t worth $150,000 (half of your original purchase price); rather it is worth $275,000 (half of the current fair market value of $550,000). When you sell your home next year for $600,000, the capital gain is NOT $300,000. It is $175,000. How did we come up with that number?

Your half of the house is still at its original tax basis of $150,000 (half of the original $300,000 purchase price), but your husband’s half of the house stepped up to $275,000 when he died (half of the house’s value on the day he died of $550,000). Add $150,000 to $275,000, and you get $425,000 as the tax basis of your home. Subtract $425,000 from the $600,000 sales price, and your capital gain on the sale is $175,000.

That’s a lot of math, but the point is that $175,000 is below the capital gains tax exemption, which means you won’t have to pay any capital gains tax!

Many widows do not know about this rule, and so they don’t report the stepped-up value from their husband’s portion of the house when they sell the house. Don’t make this mistake. It could mean the difference between paying a big capital gains tax on the sale of your house or paying nothing at all!

Want to learn even more ways to save as a widow? Our article library just for widows includes useful articles on topics like Tax Breaks for Widows and more!

After the death of a spouse, do you have to pay capital gains? (2024)

FAQs

Do you have to pay capital gains if your spouse dies? ›

If your spouse dies, you get to claim $500k exclusion on the capital gain from a house sale, if you lived in the house for two of the last five years. Some caveats: You have two years from the date of the death of your spouse to still qualify for that gain, and you must not have remarried over that time period.

What is the first thing to do when a spouse dies? ›

Here is what you need to do within a few days of the death of your spouse:
  • Tell your family members and friends your spouse has died. ...
  • Contact the Social Security Administration (SSA). ...
  • If your spouse was an active or retired military member, contact the Department of Veterans Affairs (VA).

Do you pay capital gains tax on a house after death? ›

If you inherit property or assets, as opposed to cash, you generally don't owe taxes until you sell those assets. These capital gains taxes are then calculated using what's known as a stepped-up cost basis. This means that you pay taxes only on appreciation that occurs after you inherit the property.

How do you avoid capital gains tax after death? ›

How Can I Avoid Capital Gains Tax on Inherited Property? There are four ways you can avoid capital gains tax on an inherited property. You can sell it right away, live there and make it your primary residence, rent it out to tenants, or disclaim the inherited property.

What are the tax implications when a spouse dies? ›

If your spouse died this year, you should file your taxes just as if your spouse were still alive. If he had income, enter it as you would in any other year. In the year of a spouse's death, the surviving spouse usually is considered married for the entire year, for tax purposes.

Why shouldn't you always tell your bank when someone dies? ›

After notifying the bank, the account will be frozen, meaning nothing can be taken out or deposited. Amy says you will receive your loved one's death certificate within four to six weeks. She advises showing the certificate to the bank so you can work on accessing the funds.

What should a husband do after his wife dies? ›

Reach out to people who care about you and are willing to walk with you through your grief. Find a support group you might want to attend. Avoid people who are critical, judgmental or who want to give advice. You have the right to express your grief, but you also have the right not to share.

When a husband dies, does the wife get his social security disability? ›

Surviving spouse, full retirement age or older — 100% of the deceased worker's benefit amount. Surviving spouse, age 60 — through full retirement age — 71½ to 99% of the deceased worker's basic amount. Surviving spouse with a disability aged 50 through 59 — 71½%.

Who gets the $250 social security death benefit? ›

A surviving spouse, surviving divorced spouse, unmarried child, or dependent parent may be eligible for monthly survivor benefits based on the deceased worker's earnings. In addition, a one-time lump sum death payment of $255 can be made to a qualifying spouse or child if they meet certain requirements.

What debts are forgiven at death? ›

Upon your death, unsecured debts such as credit card debt, personal loans and medical debt are typically discharged or covered by the estate. They don't pass to surviving family members. Federal student loans and most Parent PLUS loans are also discharged upon the borrower's death.

How long after your spouse dies are you considered a widow? ›

For the two years following the year of death, the surviving spouse may be able to use the Qualifying Widow(er) filing status. To qualify, the taxpayer must: Be entitled to file a joint return for the year the spouse died, regardless of whether the taxpayer actually filed a joint return that year.

Do widows have to pay capital gains tax? ›

Surviving spouses get the full $500,000 exclusion if they sell their house within two years of the date of their spouse's death. (They must meet other ownership and use requirements as well.) A surviving spouse who sells their home within two years also may not have to pay any capital gains tax on the sale.

What is the inherited capital gains tax loophole? ›

When someone inherits investment assets, the IRS resets the asset's original cost basis to its value at the date of the inheritance. The heir then pays capital gains taxes on that basis. The result is a loophole in tax law that reduces or even eliminates capital gains tax on the sale of these inherited assets.

What assets are free from capital gains tax? ›

Assets Exempt from Capital Gains Tax
  • cars.
  • motorbikes.
  • boats.
  • yachts.
  • racehorses.
  • greyhounds.
  • clocks.
  • shotguns.
Jan 14, 2022

Does a surviving spouse get a stepped up basis? ›

In every state, but community property states, spouses are considered joint tenants with rights of survivorship (JTROS). The surviving spouse may receive a step-up in basis for half the property when their spouse dies. The other half of the increased value would be included in the deceased spouse's estate.

How to avoid paying capital gains tax on inherited property? ›

Here are five ways to avoid paying capital gains tax on inherited property.
  1. Sell the inherited property quickly. ...
  2. Make the inherited property your primary residence. ...
  3. Rent the inherited property. ...
  4. Disclaim the inherited property. ...
  5. Deduct selling expenses from capital gains.

When a spouse dies, what happens to the house? ›

Jointly Owned Property

Many married couples own most of their assets jointly with the right of survivorship. When one spouse dies, the surviving spouse automatically receives complete ownership of the property. This distribution cannot be changed by Will.

Can I sell my house after my wife dies? ›

If your home is owned with the right of survivorship in joint tenancy, and if the death of your spouse occurs, you would have the immediate rights to sell the home or property without the necessity of taking additional actions or further transferring the home into your name before selling.

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