The Reverse Gravity: Upstream Basis Planning & The GPOA

The Reverse Gravity: Upstream Basis Planning & The GPOA

Why giving assets “up” to your parents creates a tax-free exit for you. How to use the “General Power of Appointment” to wipe out millions in capital gains tax legally.

Dec 29, 2025 Code Authority: Team BMT RETIREMENT > TAX STRATEGY

Executive Summary

  • The Basis Problem: You bought Apple stock at $10. It is now $200. If you sell, you pay tax on the $190 gain. If you give it to your kids, they inherit your $10 basis (“Carryover Basis”), so they inherit the tax liability too.
  • The Step-Up Rule: The only way to reset the basis to $200 (Tax-Free) is **Death**. Assets included in a decedent’s estate get a “Step-Up in Basis.
  • The Strategy (Upstream): Instead of waiting for your death, you grant a **General Power of Appointment (GPOA)** over these assets to an elderly parent (e.g., Grandma) who has low net worth.
    👉 When Grandma passes away, the assets are technically included in her estate. Because her estate is below the exemption ($14M), she pays $0 estate tax.
    👉 However, the assets get a **Full Step-Up in Basis**. The stock flows back to you (or a trust for you) with a fresh $200 basis. You can now sell it tax-free.

The Creditor Risk

Don’t Give Outright: Never just transfer the stock to Grandma’s personal brokerage account. Her creditors (or nursing home) could seize it.
👉 The Fix: Keep the assets in a Trust. Just grant Grandma the Power of Appointment (the right to direct where assets go) in the trust document. This triggers the tax step-up without exposing the assets to her personal liabilities.

Mechanic: The Tax Wash Cycle

Low Basis
Huge Tax Bomb
Upstream
Grant GPOA
Step-Up
Basis Reset
Return
Sell Tax-Free

Simulation: $5M Tech Stock Portfolio (Cost Basis: $100k)

Net Cash After Sale
Sell Immediately$3.3M Net
Capital Gains Tax (Fed+State+NIIT ~33%) eats $1.7M. You keep only $3.3M.
Upstream to Parent$5.0M Net
Parent passes away. Basis steps up to $5M. You sell for $5M. Tax = $0.
Tax Arbitrage Profit+$1.7M Profit
You monetized your parent’s unused estate tax exemption.
Feature Gift Downstream (to Kids) Gift Upstream (to Parent)
Tax Basis Rule Carryover (Old, Low Basis) Step-Up (New, High Basis)
Best Asset Type High Growth Potential High Unrealized Gains (Appreciated)
Prerequisite Long Time Horizon Parent with Unused Exemption

Most estate planning focuses on getting assets out of the estate to avoid Estate Tax. But for 99% of families (who fall under the $28M cap), the real enemy is Capital Gains Tax. Upstream Planning flips the script: put assets IN to an estate to wipe the tax slate clean.”

Essential Resources

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