Will I Have to Pay Capital Gains on My Mother’s Property?

Yes. When you receive property as a gift, you receive it with the same tax basis as the person who gave it to you, often referred to as a “carry-over” basis. And, since it’s not your primary residence, you may not exclude the first $250,000 of gain.

Capital Gains

Capital gain is the difference between the "basis" in property and its selling price. The federal tax rate is 15 percent unless you have either very low or very high income, and you can look up your state tax rate. Learn more about how capital gains and property basis are calculated.

Should this situation come up again or you believe you need to amend a tax return based on this information, contact a local tax advisor or attorney.

Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.