Mom gave them her house before she died. Why that’s bad

Dear Liz: My mother gave her house to my brother and me in 2011 by quitclaim deed. My brother lived in the house with her until she passed in 2018, and he continues to live there. He wants to buy my half of the home, and I am wondering what my taxes may be because I am not purchasing another home with my proceeds. Since this was a gift, do these things apply? The home is valued at $500,000 so my half is worth $250,000.

Answer: Your tax bill will be based on what your mother paid for the home originally, plus any qualifying home improvements she made over the years. That is what’s known as the home’s tax basis, and it will be subtracted from the sale proceeds to determine your potentially taxable capital gain.

Let’s say your mother originally paid $100,000 for the house and remodeled the kitchen for $50,000, for a total basis of $150,000. When she gave you and your brother the house, you each received half of that basis, or $75,000. If your brother pays you $250,000, you would subtract $75,000 from those proceeds for a capital gain of $175,000.

The federal tax rate on capital gains ranges from 0% to 20% based on income, but most people pay 15%. If your state and city assess capital gains or other taxes, you’d owe those as well.

You don’t qualify for the home sale exclusion that allows many home sellers to avoid taxation on home sale profits up to $250,000. To get the exclusion, you must own and live in the home at least two of the previous five years.

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It doesn’t matter that you don’t plan to buy another home; the tax law that allowed people to roll home sale profits into another home went away decades ago.

Your tax bill might have been substantially reduced if your mother had bequeathed the home to you and your brother, rather than giving it before her death. If she’d left it to you in a will or living trust, at her death the tax basis would have been “stepped up” to the home’s current fair market value.

If the home was worth $450,000 at her death, for example, you and your brother would have a tax basis of $225,000 each. If he paid you $250,000, your taxable gain would have been just $25,000.

You might be able to spread out the tax bill if your brother is willing to pay you over time rather than buy you out all at once, said Mark Luscombe, principal analyst for Wolters Kluwer Tax & Accounting.

That would be one of several issues you should discuss with a tax pro before proceeding. A big capital gain can affect other aspects of your taxes and may require you to make estimated quarterly payments to avoid penalties for underpayment. A tax pro can advise you about what to expect and how to pay what you owe.

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Claiming divorced spousal benefits

Dear Liz: My son is 59, and his ex-wife died approximately 12 years ago. She was a nurse and paid more into Social Security than he has. Is he entitled to her Social Security benefits as indicated in your article? How does he file and get more information? Must he wait until he is 62?

Answer: If their marriage lasted at least 10 years, he could begin divorced survivor benefits as early as age 60, or age 50 if he is disabled. (He can remarry at age 60 or later and still receive survivor benefits.)

Benefits are reduced if he applies before his full retirement age, which will be 67. Also, starting before full retirement age means the benefits are subject to the earnings test that withholds $1 in benefits for every $2 earned over a certain amount, which in 2023 will be $21,240.

If he earns too much to make starting early worthwhile, he could apply for divorced survivor benefits at age 67, when the earnings test goes away. His own retirement benefit could continue to grow until age 70, and he could switch at that point if his own benefit is larger.

But he’d be smart to consult a financial planner or use a Social Security strategy site, such as Maximize My Social Security or Social Security Solutions, to craft the best approach.

He can call Social Security’s toll free number at (800) 772-1213 for more information.

Liz Weston, Certified Financial Planner, is a personal finance columnist for NerdWallet. Questions may be sent to her at 3940 Laurel Canyon, No. 238, Studio City, CA 91604, or by using the “Contact” form at asklizweston.com.