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Is sale of real estate from a trust taxable?

If we sell a property that is in a trust, do we have to pay taxes? And who is responsible for the taxes, the trust? Thanks

Asked by Tido V | Galveston, TX| 01-20-2023| 1,431 views|Finance & Legal Info|Updated 3 years ago

Answers (5)

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Mike SmalleganRising Star13 Answers
Mike Smallegan

Smallegan Real Estate · Grand Rapids, MI

(922 reviews)
The sale of real estate from a trust may be subject to taxes, depending on the specific circumstances of the sale and the terms of the trust. Generally, trusts are considered separate tax entities, and they are responsible for paying taxes on any income they generate, including from the sale of real estate. The trust would be responsible for paying taxes on any capital gains from the sale of the property, which is typically the difference between the sale price and the original purchase price plus any capital improvements. However, If the trust is a grantor trust, the grantor, not the trust, would be responsible for paying taxes on any income generated by the trust, including from the sale of real estate. It is important to consult with a tax professional or attorney who is familiar with the terms of your trust, as well as the laws in your state, to determine the tax implications of selling real estate from a trust.
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01-24-2023 (3 years ago)··
Amanda Courtney

REP Realty Group · Fort Myers, FL

(13 reviews)
It depends. The sale itself is not automatically taxable, but capital gains tax may apply based on how the property was acquired by the trust, its basis, and whether it qualifies for step-up in basis.
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01-09-2026 (3 months ago)··
Carol SylerRising Star12 Answers
Carol Syler

Premier South · Fort Mill, SC

(28 reviews)
Definitely check with your tax advisor.
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01-24-2023 (3 years ago)··
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Mark TaylorNovice4 Answers
Mark Taylor

Nebraska Realty · Omaha, NE

(12 reviews)
Check with your tax professional
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01-21-2023 (3 years ago)··
MeLisa MinterNovice1 Answer
MeLisa Minter

Minter Real Estate Services · Seabrook, TX

(3 reviews)
Hello, I am a Galveston real estate agent. This is definitely a question that you should present to your real estate attorney or tax advisor. Many Title companies have real estate attorneys on staff. So you can probably start by calling one of the local title companies on the island.
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01-23-2023 (3 years ago)··
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