Call Us Now 215-790-1095
5 Apr, 2015

Do I owe PA inheritance tax on this real estate transfer?

From our “Ask a Question” Mailbag: Inheritance Tax and Lehigh County Real Estate Transfers

Most Recently Updated July 13, 2018.

“My Mother transferred her Lehigh County home to me two years ago. She recently died. I am going to sell the house soon, but do I have to pay Pennsylvania Inheritance Tax?”

Inheritance Tax and Lehigh County Real Estate Transfers

Inheritance Tax and Lehigh County Real Estate Transfers

Not in your case. The Pennsylvania Inheritance Tax of 4.5% applies to transfers to children at death and includes all gifts made within one year of the date of death. If the house was transferred properly into your name 2 years ago, it will not be subject to the Pennsylvania Inheritance Tax.

Step Up Basis

That being said, it will also not receive a Step-Up in basis. When a person dies, the basis that the heir receives in inherited property is the date-of-death fair market value. Let’s look at an example here, with the math explained below. In this case, let’s say the house was worth $250,000 at her death. If she had died owning the house and gave it to you through her will, you would have paid a 4.5% Inheritance Tax on the whole amount. However, when you sold the house at her death for $250,000 your basis would have been $250,000 and there would be no capital gains tax owed.

Transfer Basis

Because your mother gave you the house outright, two years prior, rather than leaving it to you in her Will, you have a Transfer Basis. This means you have whatever basis she had in the house. If she paid $20,000 for the house, this would mean that if you sell the house for $250,000 you have to pay capital gains taxes on $230,000. In that case, it would have been better to pay the 4.5% Inheritance Tax.

  1. Taxes if Transferred at Death

    • Value of House = 250k
    • Mom’s Basis = 20k
    • Tax Owed = 250,000 x 4.5% = $11,250
  2. Taxes if Transferred 2 Years Prior

    • Value of House = 250k
    • Mom’s Basis = 20k
    • Amount Subject to Capital Gains = 250,000 – 20,000 = $230,000
    • *Tax Owed (15%) = 230,000 x 15% = $34,500
    • **Tax Owed (20%) = 230,000 x 20% = $46,000

* Capital gains rate is dependent on regular income tax rate. For 2015, 15% is for those earning ordinary income from ($37,450 to $411,500 per year). 20% rate is for those earning over $413,200 per year. As you can see, transferring property prior to death creates a larger tax burden in this hypothetical.

More Probate Questions?

Inheritance Tax on Lehigh County Real Estate Transfers is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: Inheritance Tax and Lehigh County Real Estate Transfers

I hope that this article was helpful in explaining the effect of inheritance taxes on real estate transfers. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do

Tags: Avoiding Probate, Death taxes, Estate Tax, Inheritance Tax, Lehigh County, Pennsylvania, Probate, Probate Attorney, Probate Lawyer

What Our clients are saying

Klenk Law Logo
Stars

Bernadette Cucinotti

It's our first time doing business with Klenk Law and it was absolutely very positive. All interactions were timely and very professional. Peter and all of his staff put us at ease when making our estate plans and answered any questions thoroughly. We would highly recommend.

Klenk Law Logo
Stars

Walker Vreeland

Peter Klenk was a joy to work with. He made sure I understood every element of the process of estate planning and his firm made the process seemless and uncomplicated. Very grateful!

Klenk Law Logo
Stars

Marc Lezzi

Klenk Law was professional in every way. I have already recommended your services to a couple of friends and business associates. I want to personally say "thank you" to the entire staff at Klenk Law.

Klenk Law Logo
Stars

Callista O “Callista O” Chukwunenye

I knew I needed to update my Estate Planning documents created 15 years ago, yet I kept putting it off. Peter, in his no pressure way nudged me to finally check it off my list. The admin staff of Klenk law were very respectful and responsive in working with me to set up dates and times that work for me to talk with Peter over the phone regarding what I wanted to update. Peter answered my questions and explained some things to me. This helped me on some of my estate decision. After our phone talk, I received a draft of the updated documents, and was allowed ample time to review them prior to a final review with Peter over the phone. This pre-signing reviews made the in-person signing time very short. I would highly recommend Klenk Law, because Peter and his staff were professional but friendly, and thorough in the estate planning work they did for me. Thank you, Peter!

Klenk Law Logo
Stars

Marilyn Dolgoff

I worked with Daniella to settle my father’s estate. She was kind, efficient, knowledgeable, and made the entire process seamless. I highly recommend working with Daniella.

Let us put our expertise to work for you.

Free consultation within 24 hours.