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Sale of a Home in the Tax Year of a Spouse's Death
IRC 121 (b) (2) allows full use of the $500,000 principal residence sale tax exemption in the tax year of a spouse's death. The IRS tried extending this limit beyond the year of the spouse's death, but discovered it lacked Congressional authority to do so.
The tax reason is a surviving spouse can only file a joint tax return with the deceased spouse for the tax year of the spouse's death, but not in the future tax years.
However, when a surviving spouse inherits the decease spouse's half of the home, the surviving spouse receives a new "stepped up basis" for at least 50 percent of the home's market value on the date of death. In community property states, the stepped-up basis is ofter 100 percent of market value. As result, the surviving spouse usually has no significant tax problem when home is sold.
*Always consult with an appropriate professional regarding tax legal consequences.
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