The Step-Up in Basis: The Ultimate Tax Loophole for Generational Wealth
The Step-Up in Basis: The Ultimate Tax Loophole for Generational Wealth
CORE INSIGHTS
- The Reset Button: When you die, the IRS forgives all capital gains on your assets. Heirs receive them at “current market value.” This is the most powerful tax break in the code.
- The Gifting Mistake: Gifting assets while alive transfers your low cost basis to the recipient. When they sell, they pay the tax you avoided. Inheriting is better.
- Double Step-Up: In Community Property states, 100% of joint assets get a step-up when the first spouse dies. This is a massive advantage for surviving spouses.
“Buy, Borrow, Die.” This strategy relies on IRC Section 1014 (Step-Up in Basis). It transforms a lifetime of deferred taxes into tax-free wealth for the next generation. Holding until death is often the highest-ROI move.
The basis of property acquired from a decedent is the Fair Market Value (FMV) at the date of death.
*Translation: The IRS erases the original purchase price.
What-If Scenario: The $1.5M Family Home
| Method | Heir’s Basis | Tax on Sale |
|---|---|---|
| Gift (Alive) | $100,000 (Original) | ~$460,000 Tax |
| Inherit (Death) | $1,500,000 (Stepped-Up) | $0 Tax |
Visualizing the Tax Eraser
*Figure 1: Net Value to Heir. The Step-Up (Green) preserves 100% of equity vs Gifting (Red).*
Strategic Action Steps
Identify stocks/property with huge gains. Flag these as “Do Not Sell.” These are prime candidates for Step-Up.
Don’t put kids on the deed while alive. It gifts them your low basis and forfeits 50% of the step-up. Use a Trust instead.
If in a common law state, consider a Community Property Trust (e.g., TN, SD) to secure the “Double Step-Up” for your spouse.
The Bottom Line: Who Should Choose What?
- Keep it: Parents with highly appreciated assets. Let the step-up wipe out the tax liability.
- Gift it: Only give cash or high-basis assets. Never gift appreciated property unless avoiding estate tax (#175).
Frequently Asked Questions
What is ‘Step-Up in Basis’?
When you inherit an asset, the IRS resets its cost basis to the market value on the date of death, wiping out capital gains taxes.
Should I gift my house to my kids now?
Generally, no. Gifting transfers your low basis to them. Inheriting it gives them a Step-Up, eliminating the tax bill upon sale.
What is the ‘Double Step-Up’?
In Community Property states, 100% of joint assets get a step-up when the first spouse dies, not just the deceased’s half.