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When a relative dies, how does the IRS even know about undeclared assets to charge inheritance taxes for? |
My question refers to antiques, artwork, and jewelry (loose stones) that may or may not have significant value. My mother owns a lot of Asian art that may total in value anywhere from $10,000 total to potentially $300,000, but, not having been appraised, nobody knows at this point. When my father was alive, he loved to just collect art and jewelry from his travels, not as an investment, but just as someone who loved to collect things. When my Mom passes away, is there any need for me to "declare" anything...or even inform the IRS about any of this artwork? Some would suggest a Trust, but frankly, nobody has time or energy to have this art appraised, etc. now. I don't even see this as necessary because it seems like I could simply 'take possession' of this completely undeclared/unvalued artwork. Is there a flaw in my thinking? What are some risks or recommendations? I guess I am not aware of where the IRS's "radar" lies with assets such as these undeclared, unappraised items. The executor of the will has to file a final tax return for the deceased. When someone dies, the executor of the estate typically does an inventory of the assets, assigning values to them. The assets are divided by the wishes of the will. Once this information makes it into the court, bingo, the IRS can find it. You also have to worry about when you sell this. If the amount of cash is large enough, that has to be reported to the IRS. On audit, the IRS might be interested in where you got the artwork. You are making no taxable income on the acquisition of these items. It is simply a transfer of assets from one holder to another. When you sell any of these items Report the sale on Form 1040, Schedule D, Capital Gain and Losses. If you sell the property for more than your basis(http://www.irs.gov/publications/p551/ind... you have a taxable gain. Once again, until you sell this property, there is no tax liability on the inheritance of this property. Currently there is a 2 million exemption on estate and gift tax of 1 million each. So if the net worth of the estate is less then that amount then dont worry about it. 1) Take the time and energy to have the art appraised. If it's worth between $10,000 and $300,000, I'm sure you'd rather know what it's worth now before your mum's house burns down and you try to make the insurance claim. Revise your mother's insurance accordingly. DO NOT accept any offers to buy from dealers! |
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