Form 1041 depreciation basis

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  • AccTaxMan
    Senior Member
    • Apr 2007
    • 346

    #1

    Form 1041 depreciation basis

    Taxpayer passed away in 2010. What is the depreciation basis of a rental property on the Fiduciary tax return (Form 1041)? Does the fiduciary use the carryover basis from the decedent or can he use a step-up basis based on the current market value of the rental property?
    Last edited by AccTaxMan; 09-06-2011, 11:59 AM.
  • NSNM
    Member
    • Jun 2008
    • 80

    #2
    Stepped up basis

    Stepped up basis, placed in service on the date of death, and applicable depreciation rate.

    Very lucid comprehensive example is provided on pages 24-25 in IRS publication 559 (2010) Survivors, Executors and Administrators. Very helpful.

    Comment

    • AccTaxMan
      Senior Member
      • Apr 2007
      • 346

      #3
      Originally posted by NSNM
      Stepped up basis, placed in service on the date of death, and applicable depreciation rate.

      Very lucid comprehensive example is provided on pages 24-25 in IRS publication 559 (2010) Survivors, Executors and Administrators. Very helpful.
      Thank you for your answer.

      So in order to determine the step-up basis, can the fiduciary make his own determination by doing research on the internet? If he knows a real estate agent, can he use the estimate from the agent? Or does he have to officially hire an appraiser to do it?

      Thank you again for your help.

      Comment

      • appelman
        Senior Member
        • Jan 2010
        • 1195

        #4
        I'd recommend an appraisal.

        That should have been done as a routine matter at the time of death. Of course, you still need to break out land and depreciable basis. Also, this answer assumes that the estate is NOT electing to be governed by the zero-inheritance-tax option for 2010. If this is not the case, basis determination can become more complicated.
        Evan Appelman, EA

        Comment

        • NSNM
          Member
          • Jun 2008
          • 80

          #5
          Professional Appraiser

          Professional appraiser's property valuation will protect from IRS challenges.

          If IRS needs appraised value for donated property (high valued), I would imagine you need professional appraiser for decedent estate. In this regard refer to Publication 561, Page 6 for Real Estate appraisal.

          Comment

          • AccTaxMan
            Senior Member
            • Apr 2007
            • 346

            #6
            Thank you for everyone's input.

            One last question, should the prior depreciation claimed by the deceased person be carryover and become the starting prior depreciation in the fiduciary tax return?

            Comment

            • appelman
              Senior Member
              • Jan 2010
              • 1195

              #7
              Prior depreciation disappears!

              You start from scratch with the new stepped-up basis. It's a nice perq!
              Evan Appelman, EA

              Comment

              • AccTaxMan
                Senior Member
                • Apr 2007
                • 346

                #8
                Originally posted by appelman
                That should have been done as a routine matter at the time of death. Of course, you still need to break out land and depreciable basis. Also, this answer assumes that the estate is NOT electing to be governed by the zero-inheritance-tax option for 2010. If this is not the case, basis determination can become more complicated.
                Thank you!
                Sorry, still another question...I promise this is the last one...

                As for the other depreciable assets, such as a refrigerator, is the tax basis of the estate equal to the remaining depreciation balance of the deceased person?

                For example, the original cost of the refrigerator is $700. The deceased person had a total prior depreciation of $300. So the estate has a tax basis of $400. Is it correct?

                Comment

                • dsi
                  Senior Member
                  • Dec 2005
                  • 705

                  #9
                  Acctaxman, everything gets a basis adjustment, and it's not always a step up. Get appraisals.
                  Dave, EA

                  Comment

                  • AccTaxMan
                    Senior Member
                    • Apr 2007
                    • 346

                    #10
                    Originally posted by dsi
                    Acctaxman, everything gets a basis adjustment, and it's not always a step up. Get appraisals.
                    I hope you are not saying that the taxpayer will have to order an appraisal report for a piece of used equipment that costs $700 originally...He could use the appraisal fee to buy a brand new one and more...

                    Comment

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