Are You Required to Report an Inheritance as Taxable Income? (2024)

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by Hunter Montgomery

Are You Required to Report an Inheritance as Taxable Income? (1)Generally speaking, income from all sources must be reported to the IRS and the state tax authorities when you file your annual returns. Many people that have knowledge of the subject assume that you would be required to pay income taxes on an inheritance.

In reality, this is not the case. When you inherit assets that accumulated after taxes were paid on the income, you do not have to report the inheritance as income, because another imposition would be double taxation.

This being stated, it is possible to inherit assets that were never taxed, and you would have to report that income. Traditional individual retirement account beneficiaries are in this position, because these accounts are funded with pretax income.

The untaxed earnings that are generated by assets that have been conveyed into a trust would be taxable income when they are distributed to a beneficiary.

Capital Gains Taxes

We will use an example to explain the way capital gains are treated when assets are being inherited. Let’s say that your father bought $10,000 of stock 25 years before his death. He had a good eye, and the stock is worth $500,000 when you inherit it.

You have a very big capital gains tax bill on your hands, right? In fact, you would be off the hook, because the assets would get a stepped-up basis. In a real sense, the gains that accumulated while your father owned the assets will never be taxed.

The meter is reset at $500,000 when you inherit the assets. If you maintain possession of them, and they appreciate beyond the basis of $500,000, you would be required to pay the capital gains tax if and when you realize a gain.

Federal Estate Tax

So far, the news that we have shared has been encouraging, but there is a federal estate tax that will dampen your mood if you have been very successful financially. This tax carries a 40 percent top rate, and it is imposed on the portion of an estate that exceeds the exclusion.

In 2021, the exclusion is $12.06 million, and it is indexed annually for inflation. This level will hold sway through 2025 because of a provision that is contained in the Tax Cuts and Jobs Act that was enacted in December of 2017.

The provision will sunset when the clock strikes midnight on December 31st, 2025. In 2026, the exclusion will be $5.49 million indexed for inflation unless some new tax legislation is passed in the meantime that alters the trajectory.

There is a gift tax that is unified with the estate tax, and it was enacted in 1932 to stop people from giving gifts to get around the estate tax. You would be using some of your unified gift and estate tax exclusion to give a large tax-free gift.

When you digest this information, you can see that you have a limited window during which you can use the record high exclusion to give tax-free gifts. You should definitely consider action if your estate is going to be exposed, and the funding of a trust is another option.

State-Level Estate Taxes

There are a dozen states in the union that have state-level estate taxes, and there is a Washington, D.C. estate tax. South Carolina is not one of these 12 states, but your estate could be subject to a state-level estate tax if you own valuable property in a state with an estate tax.

The state-level exclusions are lower than the federal exclusion. There are estate taxes in Massachusetts and Oregon with $1 million exclusions, so you should consult with us if you own valuable out of state property.

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We conduct webinars on an ongoing basis that cover estate planning and nursing home asset protection. The sessions are free, and you can join us from anywhere, so you should definitely take advantage of the opportunity.

You can see the dates if you visit our webinar page, and if you decide to attend, follow the instructions to register.

Need Help Now?

If you have already learned enough to know that you should work with a Hilton Head, SC estate planning lawyer to put a plan in place, there is no time like the present. You can send us a message to request a consultation appointment, and we can be reached by phone at 843-815-8580.

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Hunter Montgomery

Hunter Montgomery is the owner/managing attorney of the Montgomery Law Firm, LLC.He has been practicing estate planning law fsince 2002. Hunter is a member of the American Academy of Estate Planning Attorneys.

Hunter is a member of the South Carolina Bar Association, the Beaufort County Bar Association, and has served on charitable and advisory boards in the Bluffton/Hilton Head area.

Hunter graduated from Hilton Head High School. He then earned his Bachelor of Science Degree in Economics from Clemson University, in Clemson, South Carolina.

Hunter graduated Cum Laude from Regent University School of Law in Virginia Beach, Virginia, having earned a Juris Doctor Degree. He also wrote his doctorial thesis on Estate Planning Dynasty Trusts.

Hunter has called Beaufort County home for since 1984, where he lives with his wife and two children.In his spare time he dabbles in automobiles, reading history, hunting and fishing.

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Are You Required to Report an Inheritance as Taxable Income? (4)

About Hunter Montgomery

Hunter Montgomery is the owner/managing attorney of the Montgomery Law Firm, LLC. He has been practicing estate planning law fsince 2002. Hunter is a member of the American Academy of Estate Planning Attorneys.

Hunter is a member of the South Carolina Bar Association, the Beaufort County Bar Association, and has served on charitable and advisory boards in the Bluffton/Hilton Head area.

Hunter graduated from Hilton Head High School. He then earned his Bachelor of Science Degree in Economics from Clemson University, in Clemson, South Carolina.

Hunter graduated Cum Laude from Regent University School of Law in Virginia Beach, Virginia, having earned a Juris Doctor Degree. He also wrote his doctorial thesis on Estate Planning Dynasty Trusts.

Hunter has called Beaufort County home for since 1984, where he lives with his wife and two children. In his spare time he dabbles in automobiles, reading history, hunting and fishing.

Are You Required to Report an Inheritance as Taxable Income? (2024)

FAQs

Are You Required to Report an Inheritance as Taxable Income? ›

Inheritances are not considered income for federal tax purposes, whether you inherit cash, investments or property. However, any subsequent earnings on the inherited assets are taxable, unless it comes from a tax-free source.

Do I have to declare inheritance money as income? ›

If you received a gift or inheritance, do not include it in your income. However, if the gift or inheritance later produces income, you will need to pay tax on that income.

Do you have to report inheritance money to Social Security? ›

You may be tempted to disclaim or refuse your inheritance in the hopes that the SSA won't find out about it. However, federal law requires you to report any changes in income to the SSA. You have up to 10 days following the end of the month in which the change occurred to report income shifts to the agency.

Do you have to pay taxes on money inherited from a trust? ›

Inheriting a trust comes with certain tax implications. The rules can be complex, but generally speaking, only the earnings of a trust are taxed, not the principal. A financial advisor can help you minimize inheritance tax by creating an estate plan for you and your family.

Do you get a 1099-S for inheritance? ›

Your share of sales proceeds (generally reported on Form 1099-S Proceeds From Real Estate Transactions) from the sale of an inherited home should be reported on Schedule D (Form 1040) Capital Gains and Losses in the Investment Income section of TaxAct.

How much can you inherit without paying federal taxes? ›

There is a federal estate tax, however, which is paid by the estate of the deceased. In 2024, the first $13,610,000 of an estate is exempt from the estate tax. A beneficiary may also have to pay capital gains taxes if they sell assets they've inherited, including stocks, real estate or valuables.

What is the federal limit on inheritance tax? ›

The federal estate tax exemption is the amount excluded from estate tax when a person dies. It's increased to $13.61 million in 2024, up from $12.92 million in 2023. An estate tax is a federal or state levy on inherited assets whose value exceeds a certain dollar amount.

Will receiving an inheritance affect my benefits? ›

Inheritances are unearned income. As such, any inheritance you receive will not affect SSDI benefits.

Will I lose my SSI benefits if I inherit money? ›

Inheritance and Trusts

Luckily, an SSI beneficiary doesn't have to lose the benefit of an unexpected inheritance. Another option, which allows them to benefit from the inheritance, is transferring the funds to a first-party special needs trust or a pooled special needs trust.

Does inheritance count as income for Medicare premiums? ›

Although an inheritance won't affect your Medicare benefits, it could raise your premiums in the short-term. Medicare is a federal health insurance program for people aged 65 or older, some younger people with disabilities, or people with end-stage renal disease (ESRD).

How does IRS find out about inheritance? ›

Inheritance checks are generally not reported to the IRS unless they involve cash or cash equivalents exceeding $10,000. Banks and financial institutions are required to report such transactions using Form 8300. Most inheritances are paid by regular check, wire transfer, or other means that don't qualify for reporting.

What happens when you inherit money from a trust? ›

When you inherit money and assets through a trust, you receive distributions according to the terms of the trust, so you won't have total control over the inheritance as you would if you'd received the inheritance outright.

What is the trust tax loophole? ›

The trust fund loophole lets you transfer assets to your heirs without paying the capital gains tax. High-income earners pay the highest capital gains tax rate. So, the loophole benefits them most. Politicians frequently try to close the loophole.

What is the IRS form for reporting inheritance funds? ›

The fiduciary of a domestic decedent's estate, trust, or bankruptcy estate files Form 1041 to report: The income, deductions, gains, losses, etc. of the estate or trust.

Do I have to report the sale of an inherited home to the IRS? ›

Report the sale on Schedule D (Form 1040), Capital Gains and Losses and on Form 8949, Sales and Other Dispositions of Capital Assets: If you sell the property for more than your basis, you have a taxable gain.

Who is exempt from 1099s? ›

Generally, a 1099 is not required to be issued for international vendors who are foreign vendors. Individuals living outside the United States who qualify to file an IRS Form W-8BEN as foreign persons/foreign contractors and don't perform services in the United States, don't get a Form 1099-NEC.

How to transfer inheritance money? ›

It would be yes, you can, but there are some rules and regulations. You must be the owner of the inheritance and then choose whether you want to give the inheritance. There are three main ways to transfer the inheritance: as a gift, transfer on death (TOD), and joint ownership.

What to do if you inherit money? ›

Ideas for what to do with your inheritance
  1. Pay off high-interest debt.
  2. Create an emergency fund of at least 3–6 months of essential expenses.
  3. Revisit your investment plan with an advisor.
  4. Invest in yourself by going to back to school or taking a sabbatical.

How do I deposit a large cash inheritance? ›

A good place to deposit a large cash inheritance, at least for the short term, would be a federally insured bank or credit union. Your money won't earn much in the way of interest, but as long as you stay under the legal limits, it will be safe until you decide what to do with it.

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