Potential Tax Liability


I have a friend who inherited many electronic items including those of the audiophile variety. Through ads on this site and others, he sold about $60k worth of equipment within this year.   He is not a dealer and does not have a business, either physically or on paper.  Most of the payment transactions were made through PayPal. He is now worried about potential tax liability. Sometimes he created invoices. Sometimes the money was sent through PayPal's "Friends and Family" option. The money was transferred from PayPal to his bank account periodically. It suddenly occurred to him about possibly having a tax liability.    Made me curious too.   Would these proceeds need to be declared as income to the IRS?
kodak805
I believe, you have to inherit over 5 million before you owe any inheritance tax to the Feds..... You’ll have to look up the exact information because it changes.
No, that isn’t correct, Kenny. The $5 million threshold (actually $5.45 million at present) is a threshold that determines whether or not an individual’s estate (not the heirs) has to pay an "estate and gift tax." Also, in addition to the value of the estate gifts made during the decedent’s lifetime that are in excess of the annual gift tax exemption count toward that threshold.

As far as taxation at the Federal level is concerned the inheritances pass tax-free to the heirs regardless of their value. But if inherited property is subsequently sold by an heir my previous comments apply.

Best regards,
-- Al

Hopefully you don't live in California like I do. We have one simple form for the transaction you're involved in. 

1. Enter how much you profit you made here:  $ ________. 

2. Write a check for the amount on line one and send it in. 
Hi- I am a retired tax attorney in California. I am not currently authorized to practice law in California ,due to non-payment of state bar fees, and for no other reason. Therefore, you should NOT rely upon this advice. I have represented both taxpayers and the I.R.S.for many years, and have also worked as an attorney-advisor to judges of the U.S. Tax Court in Washington, D.C.
 I can make the following general observations. Any federal estate tax would be owed and paid for by the estate itself, not by your friend, There is a minimum estate value that the  estate has to exceed before any estate tax kicks in. I do not know what that amount currently is because I have not checked it in many years, and it does change frequently. $5.4 million sounds about right, however.
  As for  any possible federal income tax liability, your friend most probably does not have any from the audio equipment sales. Your friend's basis in the audio equipment would be the fair market value of the property as of the decedent's death (or the alternate valuation date as determined by the executor). Since, as we Audiogoners know, the value of audio equipment almost always goes DOWN over time, it is extremely unlikely that there would be any capital gains, and hence no federal income taxes due from those sales.
   Hope this helps.  ---Steve
  
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^^^  Steve ...

This is one of the reasons I like this site so much. Usually one can find expertise in what ever subject one may be interested in besides audio. Also, there are folks like yourself who are here willing to be of help.

After spending 40 years as a Realtor in the Southern California market, I learned long ago not to give tax advise to my clients. I used to keep up with the tax code as it pertains to residential real estate, including rental properties and such. BUT, the changes to the tax code started coming so rapidly, I just couldn't keep up with it anymore.   Now, the tax code exceeds 77,000 pages and contains over 9 million words.

For a Realtor (or anyone else) to give tax advise to a client is just opening up one's self to a law suit. Anymore, I just refer my clients to their CPA or to their tax attorney. Knock on wood ... 40 years and never been sued. 

Take care Steve ...  and thank you. 

Frank