Inherited Property · California

Capital Gains Tax on Inherited Property in California

Inherited property usually gets a stepped-up basis — so you may owe far less than you fear. But appreciation after death, a rental with reset depreciation, or selling among siblings can still create a taxable gain. Here's the real picture.

Inheriting a home, second home, or rental in California raises an immediate question: what will the IRS take when you sell it? The good news is the stepped-up basis often erases decades of appreciation. The nuance is what happens after.

The stepped-up basis — your biggest advantage

When you inherit property, your basis is generally reset to its fair market value on the date of death. All the appreciation during the deceased owner's life is wiped out for income-tax purposes. Sell soon after, and the taxable gain may be small or zero.

Where a taxable gain still appears

Key facts:
  • Inherited property gets a date-of-death stepped-up basis.
  • Only appreciation after death is typically a taxable gain.
  • Inherited property is treated as long-term regardless of how long you hold it.

If there IS a gain — how to defer it

When inherited property has appreciated meaningfully (or was a rental), a structured installment sale under IRC §453 can spread that gain over years — useful when multiple heirs want to convert the property to income rather than take a lump-sum tax hit, or when one heir buys out the others.

The takeaway

Most inherited-property sellers owe less than they expect thanks to the step-up — but post-death gains, rentals, and multi-heir sales create real tax. Know your stepped-up basis before you sell, and have a deferral plan ready if there's a gain.

Frequently asked questions

Do you pay capital gains tax on inherited property in California?

Often very little, because inherited property receives a stepped-up basis equal to its value on the date of death. You generally only owe capital gains tax on appreciation that occurs after you inherit it. California taxes any gain as ordinary income up to 13.3%.

How is the cost basis of inherited property calculated?

The basis is 'stepped up' to the fair market value of the property on the date of the previous owner's death (or an alternate valuation date). This erases the appreciation during the deceased owner's lifetime for income-tax purposes.

How long do I have to sell inherited property to avoid capital gains?

There is no deadline — but the longer you hold it, the more post-death appreciation can accrue and become taxable. Selling soon after inheriting, when the value is closest to the stepped-up basis, usually minimizes the gain.

Who pays capital gains tax when multiple heirs sell an inherited house?

Each heir generally reports their share of any gain based on their ownership interest. How title is held and how the sale (or a buyout among siblings) is structured affects each person's tax — planning before the sale is important.

Can I defer capital gains on inherited property that has appreciated?

Yes. If the inherited property has gained value after death — or was a rental — a structured installment sale under IRC §453 can spread the taxable gain over several years instead of recognizing it all at once.

Thinking about a big sale?

Before you sign anything, run your numbers with someone who structures the deal to be tax-smart and audit-ready from day one.

Call 213-414-2808 Run the Numbers →