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The Daily Insight

Was the estate tax repealed in 2010?

Author

John Thompson

Published May 16, 2026

The Federal estate and generation skipping transfer (“GST”) taxes were repealed on Jan. 1, 2010. In 2010, the Federal gift tax still applies, with a $1 million exemption and a 35 percent tax rate for cumulative lifetime taxable gifts in excess of that amount.

Do you pay tax on selling family home?

Typically, when you sell an asset you must pay capital gains tax (CGT) on any profit made on the sale. For most of us, the most valuable asset we own is our family home . The tax law provides an automatic exemption for any capital gain (or loss) that arises from the sale of a taxpayer’s main residence.

How is the sale of an inherited home taxed?

1. Determine if you owe tax on a gain from the sale of the home. On your annual tax return, you are required to list any gains or losses. The government treats the sale of an inherited home as a capital gain for the year if you made a profit.

Are there new estate tax rules for 2010?

Yes. The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (2010 Tax Relief Act) reinstated the estate tax for decedents dying after December 31, 2009. However, the 2010 Tax Relief Act increases the applicable exclusion amount to $5 million (up from $3.5 million for decedents dying in 2009).

How are real estate taxes paid when you sell a home?

If none of the taxes have been paid, the seller should be charged his or her prorated share with the amount placed in escrow. This is, in fact, how real estate tax payments are usually arranged when you buy or sell a home.

How much profit can you exclude from taxes on sale of primary home?

A: Let’s start by talking generally about profits and losses on the sale of a primary residence. If you sell your primary residence and lived in that home for two out of the last five years, you get to exclude from any federal income taxes up to $250,000 of profit if you are single, and up to $500,000 if you are married.