How do I avoid capital gains tax on inherited commercial property?
Sarah Duran
Published Apr 07, 2026
If you sold the house, you would have to pay capital gains taxes on the difference between $150,000 and the selling price. The only way to avoid the taxes is for you to live in the house for at least two years before selling it.
You do have an option to defer capital gains taxes when it comes to inheriting commercial real estate and then selling it. This capital gains tax deferral option is called a “like kind exchange” or a 1031 exchange.
Is inheritance tax payable on commercial property?
Most UK commercial property investments are made through a non-UK company acting as a special purpose vehicle. Investment into a UK commercial property through a non-UK company eliminates any exposure to UK inheritance tax.
What is general rule for basis of inherited property?
The general rule, which is usually favorable to taxpayers, is that the recipient’s basis for inherited property is stepped up (or stepped down) from the decedent’s cost to the asset’s fair market value at the decedent’s date of death.
How much tax do you pay on a commercial property?
After all many commercial property investors are more interested in earning income than achieving capital growth. Unfortunately there’s no concession here. You’ll pay income tax at 22% or 40% based on whether you’re a basic-rate or higher-rate taxpayer.
What’s the exception to the rule for inherited property?
There’s an important exception to these general rules, however. If your mom placed the asset in an irrevocable trust before her death, it would be treated the same as a gift when you inherit it after her death, Luscombe says.
How is the value of an inherited property recorded?
The value of an inherited property on the day the title passes to the beneficiary also serves as its base cost for Capital Gains Tax purposes, so it’s vital that a figure is officially recorded,” says Rawson.
How are siblings supposed to share the cost of inherited property?
The cost is typically shared by the siblings. “A formal agreement may be necessary as the next generation inherits the property, because instead of a couple of siblings, you start to have multiple cousins and their families sharing the property,” said Ringham.
How is CGT calculated on an inherited property in South Africa?
Luckily, under South African tax law, CGT only applies when the property is sold by the beneficiary, and is calculated based on the difference between the property’s present-day value and its value on the day it was inherited.