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April 18, 2025
Question

Capital gains exclusion for heirs

  • April 18, 2025
  • 1 reply
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Under section 121d12. Can the listed beneficiary (who is also the executor) living in the home of a decedent's trust claim the capital gains deduction if they lived there for 4 years after decedent's death, while property was still in the trust?

1 reply

Hi Palms
April 18, 2025

Are you sure you have the right section of the Code? The Peace Corps?

 

Regardless, you need to own the property in order to qualify which means you would need to be the grantor of the trust (i.e., that part of the trust that owns the home would have to be treated as a grantor trust).