One of the most common fears about selling an inherited home is the tax bill. Most heirs, when they hear the term "capital gains," assume they'll owe a large percentage of the sale price to the IRS. In most cases, that fear is misplaced. Here's why.
The step-up in basis rule
When you inherit property, the IRS resets (or "steps up") your cost basis to the fair market value of the property on the date of the original owner's death. This is the key rule that protects most heirs from large capital gains bills.
Example: Your parent bought a home in 1985 for $80,000. When they died, the home was worth $280,000. Your stepped-up basis is $280,000, not $80,000. If you sell the home for $280,000, your capital gain is zero.
If you sell for $310,000 (the home appreciated while the estate settled), your gain is $30,000 (based on the stepped-up value, not the original purchase price).
Short-term vs. long-term capital gains on inherited property
Normally, short-term gains (from assets held less than a year) are taxed at ordinary income rates. Long-term gains (held more than a year) qualify for lower rates.
Here's the inherited property exception: regardless of how long you personally held the property, inherited assets are automatically treated as long-term holdings for capital gains purposes. Even if you sell the day after inheriting, you get long-term rates.
Wisconsin state taxes on inherited property
Wisconsin follows federal treatment for capital gains on inherited property. The stepped-up basis applies at the state level too. Wisconsin does not have a separate inheritance tax or estate tax at the state level.
When you might owe more
- Significant appreciation after death: If the estate takes a year to settle and the market rises 15%, the gain above your stepped-up basis is taxable.
- Rental income during the estate period: If the property generated rental income before the sale, that income is taxable.
- Improvements charged to the estate: Costs paid from estate funds may affect basis; consult your accountant.
- Partial step-up (community property): If inherited from a spouse, Wisconsin's community property rules may affect the calculation differently.
What this means in practice
Most heirs who sell an inherited Wisconsin property shortly after inheriting it pay little or no federal or state capital gains tax, because the stepped-up basis equals or nearly equals the sale price. The tax anxiety is usually worse than the actual bill.
This is general information, not tax advice. Your specific situation (estate structure, how property was titled, timing of sale) can change the outcome. Consult a Wisconsin CPA or estate tax attorney before making decisions.
Inherited Wisconsin property?
AJ Vermiglio
Co-Founder, Home Closing Pros, Milwaukee, WI