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 1. TurboTax /
 2. Tax Calculators & Tips /
 3. Tax Tips Guides & Videos /
 4. Estates /
 5. 4 Ways to Protect Your Inheritance


4 WAYS TO PROTECT YOUR INHERITANCE

Written by a TurboTax Expert • Reviewed by a TurboTax CPA

Updated for Tax Year 2022 • October 18, 2022 10:15 AM

--------------------------------------------------------------------------------

OVERVIEW

Received an inheritance of cash, investments, or property? Here are four ways
that can help you keep it from being swallowed up by taxes.

--------------------------------------------------------------------------------

TABLE OF CONTENTS
 * Protecting your inheritance from taxes
 * Consider the alternate valuation date
 * Put everything into a trust

 * Minimize retirement account distributions
 * Give away some of the money

Click to expand

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PROTECTING YOUR INHERITANCE FROM TAXES

Inheritances are not considered income for federal tax purposes, whether you
inherit cash, investments or property.  However, any subsequent earnings on the
inherited assets are taxable, unless it comes from a tax-free source. You will
have to include the interest income from inherited cash and dividends on
inherited stocks or mutual funds in your reported income. For example:

 * Any gains when you sell inherited investments or property are generally
   taxable, but you can usually also claim losses on these sales.
 * State taxes on inheritances vary; check your state's department of revenue,
   treasury or taxation for details, or contact a tax professional.


CONSIDER THE ALTERNATE VALUATION DATE

Typically the cost basis of property in a decedent’s estate is the fair market
value of the property on the date of death. In some cases, however, the executor
might choose the alternate valuation date, which is six months after the date of
death.

 * The alternate valuation is only available if it will decrease both the gross
   amount of the estate and the estate tax liability; this will often result in
   a larger inheritance to the beneficiaries.
 * Any property disposed of or sold within that six-month period is valued on
   the date of the sale.
 * If the estate is not subject to estate tax, then the valuation date is the
   date of death.


PUT EVERYTHING INTO A TRUST

If you are expecting an inheritance from parents or other family members,
suggest they set up a trust to deal with their assets. A trust allows you to
pass assets to beneficiaries after your death without having to go through
probate. Trusts are similar to wills, but trusts generally avoid state probate
requirements and the associated expenses that wills typically have to go
through.

 * With a revocable trust, the grantor can take the assets out if necessary.
 * An irrevocable trust usually ties up the assets until the grantor dies.

It may be tempting for parents to put their assets into joint names with a
child, but this can actually increase the taxes the child pays.

 * When joint owner dies, the other owner already owns a portion of of the
   assets. This means that there is a step up in cost basis on the portion that
   is inherited but not on the rest of the account.
 * For long-held assets, this can mean a significant tax hit when the child
   sells the asset.


MINIMIZE RETIREMENT ACCOUNT DISTRIBUTIONS

Inherited retirement assets are not taxable until they’re distributed. However,
if the beneficiary is not the spouse, certain rules may apply to when the
distributions must occur.

 * If one spouse dies, the surviving spouse usually can take over the IRA
   as their own. Required minimum distributions would typically begin at age 72,
   just as they would for the surviving spouse's own retirement accounts.
 * If you inherit a traditional IRA from someone other than your spouse, you can
   transfer the funds to an inherited IRA in your name. You can then decide on a
   distribution method:
   * based on your life expectancy
   * take the money out all at once by the end of the year after the account
     holder died
   * if the decedent was under age 72 then you also have the option to take out
     all of the money within 10 years after the year that the account holder
     died.


GIVE AWAY SOME OF THE MONEY

It may seem counter-intuitive, but sometimes it makes sense to give a portion of
your inheritance to others. In addition to helping those in need, you could
potentially avoid taxable gains on appreciated property and receive a tax
deduction by donating to a charitable organization.

If you're expecting to leave money to people when you die, consider giving
annual gifts to your beneficiaries while you're still living. You can give a
certain amount to each person—$16,000 for 2022—without being subject to gift
taxes

Gifting not only provides an immediate benefit to your loved ones, it also
reduces the size of your estate, which can be important if you're close to the
taxable amount. Talk with an estate planning professional to ensure you're
staying current with the frequent changes to estate tax laws.

Remember, with TurboTax, we'll ask you simple questions about your life and help
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LOOKING FOR MORE INFORMATION?

RELATED ARTICLES

5 IRS Penalties You Want to Avoid


8 Tax Terms You Should Know


The Gift Tax Made Simple


Are Political Contributions Tax Deductible?


Estates and Trusts


MORE IN ESTATES

Tax Guidelines About Gifting


Estates and Trusts - Questions and Answers


Video: Guide to a Fiduciary Income Tax Return


Video: What Is a Fiduciary Income Tax Return?


Video: Is Inheritance Money Counted as Income by the IRS?


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The above article is intended to provide generalized financial information
designed to educate a broad segment of the public; it does not give personalized
tax, investment, legal, or other business and professional advice. Before taking
any action, you should always seek the assistance of a professional who knows
your particular situation for advice on taxes, your investments, the law, or any
other business and professional matters that affect you and/or your business.


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to attach any forms or schedules. Only certain taxpayers are eligible.

Situations covered (assuming no added tax complexity):
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