Estate Planning

BASIS STEP UP 101

Property (real or otherwise) inherited by family or friends is not considered to be taxable by the federal government. The ability to be taxed on a piece of property that is inherited can be a big concern and point of confusion for many people.  The lesser known IRS “gift” Basis Step Up, also known as IRC 1014, provides that the value of property received from a decedent will not be the decedent’s cost basis (original purchase price), but the fair market value at the date of death of the decedent or alternate valuation date.

For example, let’s assume that June inherits the piece of real property from her sister[EJC1] , Nancy. The property was purchased in 1980 for $100,000. When June inherits the property in 2019 upon her sister’s death it is worth $800,000. If Nancy had sold the property in 2019, she would have had to pay income taxes on a $700,000 gain. However, she passed away before selling it and the property was bequeathed to June. IRC 1014 protects June from having to pay income taxes on the property in 2019 because she inherited it. In fact, June’s basis in the inherited property will not be the $100,000 original purchase price but the fair market value of $800,000. What if June later sells the property for $1 million? June will pay income taxes on the $200,000 gain that accrued while she owned the property. The $800,000 gain goes away when Nancy passed away.

Would all the property that June inherits receive the Basis Step Up protection then?

Not necessarily. Cash, of course, would not receive Basis Step Up protection because there’s nowhere to step it up from or to because its value stays the same. Jointly held property, whether as joint tenants or tenants in common, will receive the step up only on the portion of the property that belonged to the decedent. In states with community property however; the surviving spouse will receive the step up on the entire property. If the property was inherited as a loss the value to the beneficiary will still be the fair market value at the time of inheritance. The loss would vanish, same as the gain, so heirs wouldn’t have the opportunity to use that loss to offset their personal taxes.

As a disclaimer, this is a very broad explanation to explain the benefits of IRC 1014 and is meant to illustrate why income taxes on inherited properties shouldn’t be a worry to individuals planning their estates.

About The Office of Jan A. Meyer

The Law Office of Jan A. Meyer was founded in 2011 in Dana Point, Calif. A boutique law firm focused on estate planning, it was established to provide a more personal and compassionate experience for clients in setting up legal strategies to protect their financial assets and care for their families. The Office of Jan A. Meyer is committed to the success of its clients and strategically guides families and individuals through a series of decisions to create a strategic estate plan that will provide legal protection. To learn more or set up a consultation, please visit www.danapointwills.com or call (949) 342-5177.


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