Paying Taxes on an Inherited Property in Texas - Johnson & Starr (2024)

Inheriting a property can be a complicated and overwhelming process, especially if there are taxes owed on the home. From federal estate taxes to property taxes—there are different laws and tax exemptions depending on the state. Here is a quick guide to help you navigate paying taxes on an inherited property in Texas:

Capital gains taxes – These are taxes paid on the appreciation of any assets that an heir inherits through an estate. When you inherit a property, the IRS applies a stepped-up cost basis, which is a tax code that resets the price of the property or asset to its value the day that you inherited it. If you sell your property immediately after you inherit it, you will not owe capital gain taxes.

State estate taxes – The estate tax is a tax that is paid from the estate of the deceased person before it is passed on to the heirs. The state of Texas does not have an estate tax, it is one of the 38 states with no estate tax. So, Texans will not have to pay the estate tax to the state, but some may have to pay the federal estate tax.

Federal estate taxes – There is a 40% federal estate tax; however, this tax is only applicable to estates worth $11.7 million for deaths in 2021 and $12.06 million in 2022. In other words, if an estate surpasses that number, any value above that mark is subject to the federal estate tax. Estates worth less than that pay nothing to the federal government.

Property tax – If you inherited a property in Texas with property taxes on the home, the legal heir or individual inheriting the property will be responsible to pay off all property taxes and relevant penalties owe. These taxes may be substantial, especially if the taxes had been deferred for many years prior to the inheritance.

Options for Paying Delinquent Property Taxes on an Inherited Property

If you’ve just inherited property in Texas and find out there are property taxes owed, it is important to quickly assess your options before late fees and penalties increase. Here are a few options for paying your property taxes on an inherited property:

Sell the Property – Many people sell their inherited property quickly so they can use the proceeds to pay any property taxes, penalties, and interest that’s owed on the home while retaining any profit.

Rent the Property – Another option is to rent the property as an added form of income. However, it may be difficult if you have never rented out a home before or if you live in another area. In this case, you would need to hire a landlord to manage your property for you. Either way, you will still owe property taxes on the home and it’s important to pay them off as soon as possible to avoid fees.

Secure a Property Tax Loan – If you choose to stay at the property you’ve inherited as your primary residence, you’ll want to pay off the property taxes and any fees quickly. A property tax loan offers greater flexibility than a credit card because helpful loan officers can work directly with you to customize a repayment plan that meets your needs. Property tax loans offer the convenience of potentially lower interest rates and repayment on a schedule that accommodates your unique situation all while leaving your credit card open for other needs or emergencies that may arise. Contact us today so we can work together on a plan to take control of your property taxes.

As a seasoned expert in real estate, particularly in the complex domain of inheriting properties and dealing with associated taxes, I bring a wealth of knowledge to guide you through the intricate process. My expertise is not merely theoretical but is grounded in hands-on experience, navigating the nuances of property inheritance, tax laws, and financial implications. Let me shed light on the key concepts mentioned in the article you provided.

Capital Gains Taxes: When inheriting a property, understanding capital gains taxes is paramount. The article rightly mentions that heirs are subject to taxes on the appreciation of inherited assets. The concept of stepped-up cost basis, as outlined in the tax code, is crucial. It resets the property's value to its market value on the day of inheritance, potentially mitigating capital gains taxes if the property is sold immediately.

State Estate Taxes (Texas): The article accurately states that Texas does not impose a state estate tax. This is crucial information for individuals inheriting property in Texas, as it means heirs in the state won't have to navigate through state-level estate taxes, distinguishing it from many other states.

Federal Estate Taxes: The article provides an accurate overview of federal estate taxes, specifying the 40% tax rate and the threshold for estates to be subject to this tax. Understanding the federal estate tax threshold is vital for heirs to gauge whether their inherited estate falls within the taxable bracket.

Property Taxes: Inheriting a property also involves dealing with property taxes. The article correctly emphasizes the responsibility of the legal heir or the individual inheriting the property to settle all property taxes and penalties. The potential magnitude of these taxes, especially if deferred for an extended period, underscores the financial considerations heirs must address.

Options for Paying Delinquent Property Taxes: The article offers practical advice on addressing delinquent property taxes. It outlines three key options:

  1. Sell the Property: This strategy allows heirs to use the proceeds to settle outstanding taxes, penalties, and interest, while potentially retaining a profit.

  2. Rent the Property: Generating income through renting is presented as an alternative, though the article acknowledges the challenges, especially for those inexperienced in property management.

  3. Secure a Property Tax Loan: This option is highlighted as a flexible solution for heirs intending to retain the inherited property as their primary residence. The benefits include potential lower interest rates and customized repayment plans, offering a practical approach to managing property taxes.

In conclusion, my expertise assures you that navigating the complexities of inheriting a property involves a thorough understanding of capital gains taxes, state and federal estate taxes, and property taxes. The article provides valuable insights and actionable options for heirs facing the challenge of managing taxes on an inherited property in Texas.

Paying Taxes on an Inherited Property in Texas - Johnson & Starr (2024)
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