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When an estate sells items other than the personal belongings of the deceased, what reporting requirements do they have?

Sales Tax Sales, Property , and Miscellaneous
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Bill Robinson, CPA
I assume you are located in the United States. Note that there are state specific issues because an Estate is administered subject to state law. In general, unless the items belong to a trade or business within the Estate there are usually no reporting requirements. If you sell Real Estate, then the closing agent will do whatever reporting is required. In some states, an out of state seller of real estate is subject to state tax withholding At date of death all items belonging to the decedent are assigned a Fair Market Value and the burden of proof is on the taxpayer to substantiate the value assigned to each item. If there is a gain or loss upon sale, there will be an income realized either to the Estate or the beneficiaries if the items have been distributed to the heirs. The larger the estate and more diversity of assets that are inside the Estate the more tax and legal issues you can run into. A decedent without a Will creates unique challenges. You ask a very broad question. If you are uncertain about how best to administer the Estate and file the appropriate tax returns then you should really seek a good Estate Tax Attorney and a reputable CPA. Good luck.
Leave a Comment 360 weeks ago

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Question Owner
Sorry, my question wasn't very specific. It was asked within the category of sales taxes. Specifically I was asking about Texas sales tax requirements.
Reply 360 weeks ago
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Bill Robinson, CPA
Okay - Look at the Texas statute that addresses what is a "dealer" and also exemptions that might address "casual sales" Usually only dealers in tangible personal property are subject to sales tax and there are usually exemptions for "casual sales" where an individual is not in the business of selling
Reply 359 weeks ago
 

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