Assets that don't get a step-up in basis at death typically include retirement accounts (IRAs, 401(k)s), annuities, income in respect of a decedent (IRD), life insurance proceeds (for beneficiaries), and assets gifted before death, which retain the original cost basis (carryover basis). Also, assets held in irrevocable trusts or C-corporations generally miss out on the step-up, though exceptions exist for certain partnerships and S-corps.
In practice, most inherited assets after death are stepped up, not stepped down. This is because financial assets passed on to heirs are often long-term holdings that grow in value over the years.
As already mentioned, some assets are specifically exempt from CGT. Some of the most common examples are: private motor cars, including vintage cars. gifts to UK registered charities.
Typically, assets you place in trust for your beneficiaries are eligible for a step-up in basis if the trust is revocable, and therefore considered part of your taxable estate. But with an irrevocable trust (which exists outside of your estate), trust assets do not receive a step-up in tax basis.
When you pass away, the assets held within the LLC will typically receive a step-up in basis, just as they would if you held them personally. The situation becomes more complex if your LLC has multiple members or is taxed as a partnership.
While inherited assets typically receive a step-up in basis (which can reduce or eliminate capital gains tax upon sale), improper titling, gifting during life, or incorrect trust setup could forfeit that benefit.
Assets exempt from probate typically include those with named beneficiaries (life insurance, retirement accounts), jointly owned property with rights of survivorship, assets held in a living trust, and sometimes specific items like homestead property or a certain value of vehicles/household goods, depending on state law, allowing direct transfer to heirs without court involvement.
The stepped-up basis loophole allows someone to pass down assets without triggering a tax event, which can save estates considerable money. It does, however, come with an element of risk. If the value of this asset declines, the estate might lose more money to the market than the IRS would take.
The most tax-efficient way to leave a home to a child usually involves leaving it in your will for them to inherit, which qualifies for a stepped-up tax basis (reducing capital gains tax if sold) and avoids immediate gift taxes, though trusts (like Revocable Living Trusts for probate avoidance or QPRTs for advanced planning) or Transfer-on-Death (TOD) deeds (where available) offer control and probate avoidance, while outright gifting is generally less tax-efficient due to inherited basis issues. Consulting an estate planning attorney is crucial to choose the best method for your specific situation.
The "6-year rule" for Capital Gains Tax (CGT) in Australia allows you to treat a former main residence as tax-exempt for up to six years after you move out, even if you rent it out, enabling you to avoid CGT on any growth during that period. You qualify by moving out, choosing to treat it as your main home for tax, and can reset the rule by moving back in. If you rent it out for longer than six years, only the portion of the gain after the six-year mark becomes taxable.
The exemption under section 54 is allowed only if the capital gain arises from the transfer of a long-term capital asset being a residential house property or land appurtenant thereto whose income is taxable under the head of 'income from house property'.
The main rule helping avoid large taxes on inherited property is the Step-Up in Basis, which resets the property's cost basis to its fair market value at the date of the original owner's death, drastically reducing capital gains tax if sold quickly. Other strategies include using trusts to avoid probate, making lifetime gifts, or, if it was your primary home, using the Section 121 exclusion after living in it for two years.
Do assets in a TOD account receive a “step up” (or “step down”) in cost basis when the account owner dies? Yes. Securities held in TOD accounts receive a new cost basis as of the account owner's date of death using the same income tax rules that apply at the death of an individual.
There are several ways to transfer property to a child tax-free, including leaving it in a will, gifting it using lifetime and annual exclusions, selling it, or placing it in an irrevocable trust.
Give more money away
Lifetime gifting is a straightforward way to begin reducing your IHT bill. By gifting money during lifetime, that would have been part of an inheritance anyway, you reduce the size of your estate so that there is smaller amount subject to IHT on your death.
The best way to transfer property to children depends on your goals, but generally, using a Revocable Living Trust or a Transfer-on-Death Deed (TODD) (where available) are superior to gifting directly because they avoid probate, allow you to retain control, and often provide a crucial "step-up in basis" for capital gains tax purposes upon your death, minimizing taxes for your children. Gifting property now can trigger high capital gains taxes for your children later, while trusts offer control and tax advantages, but have upfront costs.
You can avoid capital gains taxes on inherited property by minimizing the time for appreciation. Selling immediately after inheritance typically results in minimal capital gains tax because there's little time for the property to appreciate beyond its stepped-up basis.
Irrevocable trusts are not traditionally eligible for stepped-up fair market value basis.
As policymakers search for equitable and efficient ways to address the large looming federal deficits, one option should top their list: closing the “Angel of Death” loophole. This refers to the fact that if a person dies holding assets with capital gains, the increase in the asset value escapes the income tax.
Want to make your assets virtually untouchable by creditors and lawsuits? Equity stripping may be the answer. This advanced technique involves encumbering your assets with liens or mortgages held by friendly creditors, such as an LLC or trust you control.
A Pay on Death (POD), aka Transfer on Death (TOD) and Totten Trust, allows the account owner to designate a specific beneficiary who will receive the funds in the account upon their death, bypassing the probate process.