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Some questions about determining basis for house

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Roadrunner

Junior Member
What is the name of your state? IN

I posted to this forum back in January about this situation. Much thanks to those who answered then and were of tremendous help (LdiJ & abezon). There are a few odd and end questions left, however, the answers to which should clear up everything completely for me; and I hope someone can answer them for me now. There is a very long and complex history, all of which I will not repeat in this post; but this is the bottom line.

In addition to my residence I own another house which I estimate on today’s market would be worth ~$150K. Built in 1967, my father transferred it to me in 1977. Since 1980 I have lived elsewhere while a succession of different relatives have lived there rent free. It is currently occupied by my stepsister and her aunt. From 1980 until now I have paid out slightly over $40K in principal, interest, taxes, insurance, and more on a house in which I did not live and for which I received no benefit. I would like to recover that amount. I have offered to sell it to my stepsister for an amount which after paying capital gains would net me the ~$40K. That would be about $40-50K depending on how much basis we can come up with.

I again thank those who answered in January. I hope someone can answer the following questions which I still have about this.

I have documentation for ~$33,000 of basis which includes improvements and ~$14.5K for materials and labor for construction. I do not have any documentation for the cost of the lot; but I think it was $5,000. During 1970-71 my father finished the basement, doing the work himself and creating a large family room, 2 BR’s & a bath. I have no documentation for this; but I think we spent $1,000-2,000 altogether on materials. Can either of these be estimated and claimed as part of the basis?

I have documentation for $700 in landscaping (new shrubs). Would this count as basis?

Abezon’s answer to my January post said the basis would include “Mortgage interest & property taxes IF you elected to capitalize them instead of deducting them each year on Schedule A.” I deducted property taxes on Schedule A for a number of years until my total possible deductions became less than the standard deduction. Thereafter I quit itemizing and started using the standard deduction. Does the fact that I did not list them on Schedule A mean that I “elected to capitalize them”? Can I include property taxes for the years I did not itemize as part of the basis?

If property taxes can be used as part of the basis, that could make the total basis more than the ~$40,000 I want to receive. I know that I could not claim a capital loss when selling the house at an absurdly lowball price. Might making the basis exactly the same as the selling price raise red flags at the IRS? Should I claim slightly less basis; or would just the lowball selling price itself raise red flags? Of course I know all this is absolutely proper; but a red flag could lead to hassle and inconvenience.

Thanks for your answers.What is the name of your state?
 


LdiJ

Senior Member
I would recommend claiming everything that you can document and reasonably estimate. Clearly it cost money to renovate the basement, and therefore its reasonable to estimate what was paid for the materials.

As far as the land is concerned, you may be able to find historical records regarding land values and get a reasonable estimate from that.

However....you also need to get an appraisal regarding what the property is actually worth, because you will be gifting your stepsister the remaining equity in the home, and you may need to file a gift tax return. That doesn't mean that you will owe any gift tax (you won't if you have not exceeded your lifetime exclusion of 1 million for gifting) but it will have to be filed.
 

tranquility

Senior Member
See a professional and have step sister pay for it. Even if it were to cost $2,000 for the returns and advice (I bet it will be less.), everyone still is going to be happy with the deal. I didn't review the old thread, but I'm not sure there was full understanding of the comments. LdiJ and abezon both seem to know their stuff, but there are always problems communicating in this type of forum and errors may have crept into your understanding. Also, the answers may have been to your questions alone and were not meant to be complete. (For instance, depreciation--the code says allowed or allowable. That can affect the basis calcuation as well.)

Make it easy on yourself and sleep easy rather than sweat it out for three years and take the chance of a mistake. If you owe more in taxes, how will stepsister feel if you ask her to pony up?
 
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