Legal Question in Tax Law in Maryland

Capital gains tax on property

MY mother has given my brother and I a house free and clear. It is not our primary residence. When my brother and I go to sell the property will we owe any capital gains tax

Asked on 10/17/07, 2:53 pm

1 Answer from Attorneys

Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: Capital gains tax on property

ABSOLUTELY! Since the property was a gift, you received a "carryover" basis. This means the basis in the property is the same as your mother had. The difference between the sales proceeds and the basis is capital gain.

Depending upon your circumstances, either you or your brother may try to make this your primary residence for 2 years to take advantage of the $250k capital gain exception.

I hope this helps!

Ron Cappuccio

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Answered on 10/17/07, 9:50 pm

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