What is the loophole for inheritance?

Asked by: Prof. Tristian Tillman V  |  Last update: April 17, 2025
Score: 4.6/5 (47 votes)

When someone inherits investment assets, the IRS resets the asset's original cost basis to its value at the date of the inheritance. The heir then pays capital gains taxes on that basis. The result is a loophole in tax law that reduces or even eliminates capital gains tax on the sale of these inherited assets.

What is the tax loophole for inherited property?

The difference with inherited property, however, is that the IRS allows you to use what's known as a stepped-up basis for calculating capital gains tax liability. The step-up cost basis represents the value of the home when you inherit it versus its original purchase price.

What is the 60k loophole?

The so-called “normal expenditure out of income” exemption lets savers give away unlimited sums of money without paying inheritance tax. In order to qualify, the gifts must come from income and form part of a regular pattern.

What are the rules with inherited money?

If you received a gift or inheritance, do not include it in your income. However, if the gift or inheritance later produces income, you will need to pay tax on that income. Example: You inherit and deposit cash that earns interest income. Include only the interest earned in your gross income, not the inherited cash.

What is the most you can inherit without paying taxes?

Many people worry about the estate tax affecting the inheritance they pass along to their children, but it's not a reality most people will face. In 2025, the first $13,990,000 of an estate is exempt from federal estate taxes, up from $13,610,000 in 2024. Estate taxes are based on the size of the estate.

How Do I Leave An Inheritance That Won't Be Taxed?

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Does the IRS know when you inherit money?

Inheritance checks are generally not reported to the IRS unless they involve cash or cash equivalents exceeding $10,000. Banks and financial institutions are required to report such transactions using Form 8300. Most inheritances are paid by regular check, wire transfer, or other means that don't qualify for reporting.

Do beneficiaries get taxed on inheritance?

An inheritance tax is levied on the value of the inheritance received by the beneficiary, and it is paid by the beneficiary. There is no federal inheritance tax. Inherited assets may be taxed for residents of Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania.

What is the first thing you should do when you inherit money?

8 Critical Steps to Take When Receiving an Inheritance
  • Understand the Inheritance. ...
  • Assess Your Current Financial Situation. ...
  • Consider the Estate and Tax Implications. ...
  • Update (or Create) Your Financial Plan. ...
  • Emergency Fund and Contingency Planning. ...
  • Think About Your Charitable Giving and Philanthropy Goals.

Do I have to report inheritance to Social Security?

Immediately after receiving an inheritance, you should notify your local Social Security office.

Can I deposit a large inheritance check into my bank account?

Deposit the money into a safe account

Your first action to take when receiving a lump sum is to deposit the money into an FDIC-insured bank account. This will allow for safekeeping while you consider how to make the best use of your inheritance.

What is the Social Security loophole?

Every year you delay, your monthly retirement benefit increases (until age 70). One Social Security loophole allowed married individuals to begin receiving a spousal benefit at full retirement age, while letting their own retirement benefit grow. This was done by filing what is called a restricted application.

What is the 10x income rule?

“The '10x your salary' rule of thumb that many people cite is based on the assumption that you'll save 15% of your annual income starting at age 25, stick to a financial plan that involves investing that money wisely, and retire at age 67,” said Mark Wise, president and CEO of Wise Financial, Northwestern Mutual.

What is the tax loophole?

A tax loophole is a provision or ambiguity in tax law that allows individuals and companies to lower their tax liability. Loopholes are legal and allow income or assets to be moved with the purpose of avoiding taxes.

How do I avoid taxes on inheritance?

In California, there is no state inheritance tax. This means that when you inherit assets from a deceased person, you do not owe any tax to the state of California on those inherited assets. This can simplify the process of inheriting property and other assets significantly.

What are the disadvantages of inheriting a house?

Inherited properties can come with financial responsibilities such as existing mortgages, unpaid property taxes, maintenance costs, and insurance requirements. Be aware of hidden costs, including emergency repairs, property management fees, and legal expenses.

What is the trust fund loophole?

The trust fund loophole refers to the “stepped-up basis rule” in U.S. tax law. The rule is a tax exemption that lets you use a trust to transfer appreciated assets to the trust's beneficiaries without paying the capital gains tax. Your “basis” in an asset is the price you paid for the asset.

When my husband dies, do I get his Social Security and mine?

If your spouse dies, do you get both Social Security benefits? You cannot claim your deceased spouse's benefits in addition to your own retirement benefits. Social Security only will pay one—survivor or retirement. If you qualify for both survivor and retirement benefits, you will receive whichever amount is higher.

Can you lose SSI if you inherit money?

A generous impulse could paradoxically result in the beneficiary being denied valuable benefits. That's because getting an inheritance can cause the Social Security Administration to reduce or stop SSI benefits. Also, not reporting an inheritance can lead to penalties and a benefit suspension of up to three years.

Do I have to report inheritance to food stamps?

Without a trust, the inheritance you receive may count as extra income or assets that either disqualifies you from receiving government benefits, or results in you getting fewer benefits.

What not to do with inheritance?

Consider working with an attorney who specializes in estate planning in addition to talking with a financial advisor or an accountant before you spend any of your inheritance.
  1. Failing to Make a Budget. ...
  2. Spending Too Much. ...
  3. Not Paying Off Debts. ...
  4. Not Saving Enough. ...
  5. Not Getting Expert Advice.

What is the first rule of inheritance?

Law of Dominance

This is also called Mendel's first law of inheritance. According to the law of dominance, hybrid offspring will only inherit the dominant trait in the phenotype. The alleles that are suppressed are called the recessive traits while the alleles that determine the trait are known as the dominant traits.

How is inheritance money paid out?

For the inheritance process to begin, a will must be submitted to probate. The probate court reviews the will, authorizes an executor and legally transfers assets to beneficiaries as outlined. Before the transfer, the executor will settle any of the deceased's remaining debts.

How much can you inherit without paying federal taxes?

Another key difference: While there is no federal inheritance tax, there is a federal estate tax. The federal estate tax generally applies to assets over $13.61 million in 2024 and $13.99 million in 2025, and the federal estate tax rate ranges from 18% to 40%.

What happens when you inherit a house from your parents?

When a house is transferred via inheritance, the value of the house is stepped up to its fair market value at the time it was transferred, according to the IRS. This means that a home purchased many years ago is valued at current market value for capital gains.

Is there a time limit on selling inherited property?

The straightforward answer is no, and there is no specific time limit on selling an inherited property. However, certain factors will influence the timeline of the sale process. Understanding these nuances is key to ensuring a smooth and compliant sale.