When someone dies, the assets they leave behind often come with more than sentimental value; they include tax implications for the heirs. One of the most important tax provisions in U.S. estate planning is the step-up in basis.
In simple terms, a step-up in basis adjusts the tax basis, or the starting value used to calculate taxes, of inherited property or assets. Instead of keeping the original purchase price as the basis, the IRS allows the asset’s basis to “step up” to its fair market value at the time of the decedent’s death.
The Congressional Budget Office has noted that the step-up in basis rule significantly reduces federal tax revenue by excluding unrealised capital gains from taxation at the time of death, a point that often fuels debates about potential changes to this provision.
This rule is significant because it can reduce or even eliminate capital gains taxes when the beneficiary eventually sells the asset. Whether it’s real estate property, stocks, or mutual funds, a step-up in basis can provide significant tax benefits for families, reduce the tax burden on appreciated assets, and help preserve wealth across generations.
Key takeaways
- A step-up in basis resets the cost basis of inherited assets to their fair market value at the date of death.
- This rule can significantly reduce or eliminate capital gains tax for beneficiaries when they sell inherited property.
- Assets like stocks, mutual funds, and real estate generally qualify for a step-up in basis, while retirement accounts and annuities do not.
- Revocable trusts allow assets to receive a step-up in basis, but irrevocable trusts may not unless structured properly.
- In community property states, married couples can receive a full step-up on jointly owned property, unlike common law states, which allow only a partial step-up.
- A professional valuation (such as an appraisal or date-of-death stock pricing) is crucial to establishing the new basis.
- Smart estate planning strategies, including the use of wills, trusts, and careful titling, can help you preserve wealth and reduce future tax liability.
How does the step-up in basis work
To understand how this tax provision works, it helps to start with the basics.
What is cost basis, and what does it mean?
The cost basis is generally the original purchase price of an asset, like a home or stock, plus any adjustments. Adjustments can include improvements (like renovating a kitchen) or depreciation (common in rental real estate). This adjusted cost basis determines the amount of capital gains tax an individual pays when the property is eventually sold.
How is the stepped-up basis determined at death?
When a person dies, their assets are revalued. The new basis becomes the asset’s fair market value on the date of death, also known as the date-of-death valuation. For example, if your parent bought stock for $10,000 years ago and it’s worth $50,000 at their death, your new basis as the beneficiary is $50,000. If you sell the stock for around $50,000, you won’t owe any capital gains tax, because your basis equals the current market value at the time of inheritance.
This step-up applies to many types of inherited property, such as real estate, mutual funds, or other assets that have appreciated in value. It prevents heirs from paying taxes on gains that occurred during the decedent’s lifetime. In community property states, married couples may even benefit from a “double step-up in basis,” where jointly owned property can receive a full adjustment at the first spouse’s death.
The step-up in basis rule shifts the tax basis to the current market value of the inherited asset at the time of the owner’s death, giving heirs a fresh start and often reducing or eliminating capital gains tax liability.
Which assets are eligible for a step-up in basis
Not all inherited assets are treated equally for the step-up in basis. Some receive a new tax basis equal to their fair market value at the decedent’s death, while others do not. This distinction is key to effective estate planning and tax strategy.
The following types of property typically qualify for a stepped-up basis at death.
- Stocks, bonds, and mutual funds: These financial assets are adjusted to reflect their market value at the time of the owner's death. This means the beneficiary gets a new cost basis for inherited stocks or mutual funds, which can reduce or eliminate capital gains tax when they are sold.
- Real estate: Inherited homes, land, and investment properties usually receive a step-up in basis to their fair market value. If the property is eventually sold, the taxable gain is calculated from the new stepped-up value.
- Tangible personal property: This includes things like art, collectables, antiques, and valuable jewellery. These appreciated assets also receive a step-up in basis upon inheritance.
What assets do not qualify for step-up in basis?
Some assets retain their original basis, which means the person inheriting them could face taxes on the full amount of income or appreciation.
- Retirement accounts: If you have an IRA 401(k), or other tax-deferred retirement accounts, they do not get a step-up in basis. Distributions are taxed as ordinary income to the beneficiary.
- Annuities: Annuities generally maintain their original cost basis, and any earnings are taxed as income when paid out.
- Savings bonds: Inherited U.S. savings bonds also do not receive a stepped-up basis. The deferred interest becomes taxable when the bonds are redeemed.
- Assets held in certain LLCs or business entities: Whether property in an LLC gets a stepped-up basis can depend on how the LLC is structured and taxed. In many cases, the step-up may not apply unless specific estate planning strategies are in place.
This distinction makes it essential to evaluate what type of assets you're passing down, or receiving, so you can prepare for potential tax burdens and make informed decisions about when or whether to sell.
How does a step-up in basis affect a surviving spouse
For married couples, the rules around step-up in basis at death of a spouse can provide important tax benefits. But how these rules work depends heavily on where you live and how your property is owned.
Community property states vs. common law states
In community property states, both spouses are considered equal owners of most assets acquired during the marriage. That means when one spouse dies, both halves of the community property receive a step-up in basis. This is commonly referred to as a “double step-up.”
The 10 community property states are:
- Arizona
- California
- Idaho
- Louisiana
- Nevada
- New Mexico
- Texas
- Washington
- Wisconsin
- Alaska (by opt-in agreement)
For example, let’s say a couple in California owns a rental home together, originally purchased for $300,000 and now worth $900,000. Upon the first spouse’s death, the surviving spouse's full property receives a step-up in basis to $900,000. If the surviving spouse sells it for the same amount, no capital gains tax would be owed.
In contrast, common law states follow different ownership rules. Here, if a couple owns property jointly, only the deceased spouse’s share typically receives a step-up in basis. The surviving spouse retains their original basis on their half. This is often called a partial step-up, and it may result in capital gains if the property is sold in the future.
Does a surviving spouse always get a step-up in basis?
Yes, but how much depends on the state and how the asset was titled.
- In community property states: The surviving spouse may get a full step-up in basis on jointly held assets. This can significantly reduce or eliminate taxes when the property is sold in the future.
- In common law states: The surviving spouse typically gets a 50% step-up if the property was jointly owned.
Also worth noting: Financial accounts with designations such as Joint WROS (with right of survivorship) or TOD (transfer on death) may qualify for step-up treatment, depending on state laws and account setup.
How do trusts affect the step-up in basis?
Trusts are a common part of estate planning, but their effect on the step-up in basis can vary depending on the type of trust and who is considered the owner for tax purposes.
Does a revocable trust get a step-up in basis?
Yes. Assets held in a revocable living trust generally receive a step-up in basis at the grantor’s death. That’s because the IRS treats the grantor as the owner of the assets for income and estate tax purposes. When the grantor dies, the cost basis of the trust's assets steps up to their fair market value as of the date of death.
This applies whether it’s a single revocable trust or a joint revocable trust created by a married couple. This makes revocable trusts both a useful estate planning tool and a tax-efficient way to pass down appreciated property.
Does an irrevocable trust get a step-up in basis?
With irrevocable trusts, the step-up in basis is more complicated. In most cases, assets in an irrevocable trust do not receive a step-up in basis, especially if the assets are no longer considered part of the grantor’s estate. That’s because once assets are placed in an irrevocable trust, the grantor gives up control and ownership.
However, there are exceptions. Some irrevocable trusts are structured in a way that allows the assets to be included in the grantor’s estate for estate tax purposes, such as grantor trusts or intentionally defective grantor trusts (IDGTs). In these cases, the stepped-up basis may still apply.
What are some practical considerations for a step-up in basis
Knowing that an asset may qualify for a step-up in basis is only half the story. Heirs, beneficiaries, and executors also need to understand the practical aspects: how to establish the new basis, how long to hold the asset, and which valuation rules apply.
How do you prove the stepped-up basis of an inherited asset?
To take advantage of a stepped-up basis, you’ll need to prove the asset’s value at the time of the original owner’s death, known as the date of death (DOD) valuation. This is essential for determining future capital gains when you sell the asset.
- For real estate, a professional appraisal is the most common and reliable way to establish the DOD value.
- For stocks and mutual funds, the IRS allows you to calculate the value by taking the average of the high and low prices on the date of death. This method is commonly used for publicly traded assets.
- For collectables or other tangible property, you may need an expert in that field to perform a valuation.
Proper documentation is key. Without a clear DOD valuation, the IRS may default to the original purchase price, which increases the likelihood of capital gains tax when the property is sold.
What is the holding period for inherited property?
One of the significant tax advantages of inherited assets is that they are automatically treated as having a long-term holding period, regardless of how long the decedent held them or how quickly the beneficiary sells them. This means that any gain from the sale of the inherited property is taxed at the long-term capital gains rate, which is typically lower than the short-term rate.
What is the "alternate valuation date"?
The IRS allows executors to use an alternate valuation date six months after the date of death, but only in specific cases. This option can only be used if it results in a lower estate tax and is formally elected on the federal estate tax return.
This six-month rule for step-up basis does not apply to beneficiaries’ cost basis for capital gains purposes; it’s used only for estate tax calculations. In other words, unless the estate qualifies and elects this alternate valuation, the default step-up in basis is based on the value at the actual date of death.
What happens when you sell an inherited asset with a stepped-up basis?
Selling an inherited asset with a stepped-up basis can offer significant tax benefits, especially when it comes to capital gains. In many cases, the gain might be minimal, or even zero, thanks to the reset in the asset’s cost basis at the decedent’s death.
Here’s how it works:
Let’s say you inherit a home that your parent originally purchased for $100,000, but it was worth $600,000 at the time of their death. Under the stepped-up basis rule, your new tax basis is $600,000. If you later sell the property for $620,000, your capital gain is only $20,000, not $520,000.
This matters because:
- The capital gains tax is only calculated on the difference between the sale price and the stepped-up basis, not the original purchase price.
- The asset is automatically considered long-term, even if you sell it immediately after inheriting it. This means long-term capital gains tax rates apply, which are usually lower than short-term rates.
- If you sell the asset for less than or equal to the stepped-up basis, you may owe no capital gains tax at all.
- If the asset continues to appreciate after the date of death, you'll owe capital gains only on the increase beyond the stepped-up basis.
How to maximise the benefits of the step-up in basis
Understanding how the step-up in basis works is one thing; using it strategically in your estate plan is another. Smart estate planning helps protect your heirs from unnecessary taxes, preserve generational wealth, and ensure your legacy is transferred as efficiently as possible.
Structure your estate to take full advantage of the step-up in basis
The goal is to ensure that appreciated assets, like real estate, stocks, and collectables, are still part of your estate at the time of your death. That way, they qualify for a stepped-up tax basis. Here are a few things to consider:
- Avoid gifting appreciated assets during your lifetime. Gifts do not receive a step-up in basis. Instead, the recipient inherits your original cost basis, which may result in higher taxes when they sell.
- Keep assets in your name or in a properly structured revocable trust. This ensures they remain part of your taxable estate and qualify for a step-up.
- Review beneficiary designations on TOD accounts to make sure they align with your goals and state laws.
Wills and trusts play a role
- A will allows your heirs to inherit property directly from your estate, which usually qualifies for a step-up in basis.
- A revocable trust can help avoid probate while still allowing your assets to receive a step-up in basis. This makes it a great tool for both efficiency and tax planning.
- Be cautious with irrevocable trusts, which may not qualify for a step-up unless structured properly. If you’re married and live in a community property state, consider using community property trusts. These trusts can ensure that both halves of a jointly owned asset receive a full step-up in basis, offering a powerful tax advantage for the surviving spouse.
Consult with a professional
If your estate includes highly appreciated assets, complex family situations, or multiple properties across states, it’s wise to consult with an estate planning attorney or tax advisor. They can help you structure your plan to maximise step-up opportunities and avoid unnecessary capital gains tax or double taxation. Even if you’re starting with a basic will or trust, LegalZoom can help.
How LegalZoom can help
A step-up in basis is only one consideration when deciding how to pass on your assets. LegalZoom can help you create a more complete estate plan that reflects your wishes and helps protect the people you care about.
Depending on the plan you choose, LegalZoom can help you create a last will and testament or living trust, along with essential documents such as a financial power of attorney, healthcare directive, medical power of attorney, and HIPAA authorisation. Trust plans also include supporting documents to help organise and transfer assets into your trust.
You can start your estate plan online from home. LegalZoom also offers plans with access to experienced attorneys who can review your documents and provide personalised estate planning guidance. This can be especially useful if you have highly appreciated assets or need help understanding how wills, trusts, and other estate planning decisions may affect your legacy.
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Step-up in basis FAQs
Is it better to inherit stock or cash?
It depends on your financial goals, but from a tax perspective, inheriting stock is often more tax-efficient than inheriting cash. That’s because inherited stocks typically receive a step-up in basis, which resets the cost basis to the asset’s fair market value as of the date of death. This means you may owe little or no capital gains tax if you sell the stock soon after inheriting it.
Cash, on the other hand, provides immediate liquidity, which can help pay expenses or settle debts, but it offers no tax advantages. So when weighing “is it better to inherit stock or cash,” the right answer depends on your needs, but stock often comes with built-in tax benefits.
Can an asset get a "step-down" in basis?
Yes. While most people focus on step-ups, a step-down in basis is also possible. This happens when the asset's fair market value at the date of death is less than the original purchase price. In this case, the cost basis is adjusted downward, which can result in higher capital gains taxes when the beneficiary eventually sells the asset.
For example, if someone purchased a property for $500,000 and it’s worth $400,000 at death, the beneficiary’s basis would be $400,000. This is known as a step-down in basis, and while it’s less common, it’s a disadvantage to be aware of.
What are the rules for property held in an LLC?
If property is held in an LLC, the ownership interest in the LLC, not the underlying real estate, is what gets passed on. The step-up in basis applies to the membership interest in the LLC, not necessarily the property itself.
Property in an LLC gets a stepped-up basis, yes, but with complexity. A stepped-up basis may apply to the LLC shares, but not directly to the underlying asset unless the LLC is dissolved or the structure allows for a basis adjustment inside the entity. It's best to consult a tax advisor for these situations, as LLC taxation can involve multiple tax code provisions.
What are TOD accounts, and how do they relate to step-up in basis?
TOD accounts allow assets to pass directly to a named beneficiary without going through probate. These are often used for brokerage accounts, bank accounts, or mutual funds.
If you’ve seen terms like “what is a TOD account” or “joint WROS TOD,” it refers to how financial institutions handle these transfers. The good news is that assets in TOD accounts generally qualify for a step-up in basis. The beneficiary receives the asset at its fair market value on the date of death, just like with other inherited assets.
However, beneficiaries should request date-of-death valuations and check how the account was titled to confirm eligibility.
What is the difference between cost basis and stepped-up basis?
The cost basis of an asset is typically the original purchase price, plus certain adjustments like improvements or commissions. This number is used to calculate capital gains or losses when the asset is sold.
A stepped-up basis is a special reset of the cost basis that applies when an asset is inherited. It changes the basis to the asset’s fair market value at the date of death. This can significantly reduce or eliminate capital gains tax if the asset is sold shortly afterwards.
Do I have to pay capital gains on inherited property?
You only pay capital gains tax if you sell the inherited property for more than its stepped-up basis. Since the basis resets to fair market value at the time of death, many heirs owe little or no tax if they sell the asset promptly.
For example, capital gains on an inherited house would only apply if the sale price exceeds the stepped-up basis. The same goes for taxes on inherited stocks. Keep in mind that any gain beyond the date-of-death value is taxable, and it will be taxed at long-term capital gains rates, regardless of how long you hold the asset.
Can you get a step-up in basis on a gifted asset?
No. Gifts do not receive a step-up in basis. Instead, the recipient inherits the donor’s original cost basis. This is often called a carryover basis.
This difference between gifts and inheritances is important in tax planning. If you gift a stock purchased for $10,000 that is now worth $50,000, the recipient assumes your $10,000 basis. If they sell it, they may owe capital gains on $40,000. However, if the same person inherits the stock, the basis would step up to $50,000, potentially eliminating any taxable gain if the stock is sold soon after.
What is the six-month rule for step-up in basis?
The six-month rule refers to the IRS’ alternate valuation date. In some cases, the executor can elect to value the estate’s assets six months after the date of death, but only if it results in lower estate taxes. This doesn’t affect the beneficiary’s basis unless the alternate valuation is officially elected.
So while it’s a helpful estate tax strategy in some cases, the six-month rule for step-up basis doesn’t automatically apply; you must opt in and meet IRS conditions.