Can a loss on the sale of a personal house (home of decedent and in the trust) be passed on to the beneficiaries on the K-1s? The FMV of house, selling price, and expenses of sale generates a loss. Or, because the home was the primary residence of the deceased, does the loss stay with the Trust and not passed through to beneficiaries?
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yes
Thank You. So, it is not relevant that the house sold was the primary residence of the decedent?
Sold after death, right?
Did anyone live in it after grantor's death?
Trust was of a kind that the house got a step up to date of death FMV?
Sold after death? Yes
Did anyone live in it after grantors death? No
Not sure if I understand the third question. "Trust was of a kind that the house got a step up to date of death FMV? " Are there certain trusts that do not allow a stepped-up cost basis? It was a revocable trust. Thank You
Yes there are certain trusts and transfers thereto where there is no step up.
Sounds like you have a plain vanilla Revocable/Living/Grantor Trust where the assets get a step up upon the death of the Grantor.
After death, the assets are deemed to be held for investment, in the absence of other facts saying they are not.
It is my understanding that irrevocable trusts do not allow the stepped-up basis, I was not aware that other kinds of trusts do not allow a stepped-up basis. You are correct I have a revocable trust. The fact that the house was the personal residence of the grantor...does that have any effect on the stepped-up basis? Thank You
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