
ONE OF THE MOST VALUABLE TOOLS IN ESTATE TAX PLANNING
A step-up in basis at death can dramatically reduce capital gains taxes for your beneficiaries and help preserve more of your legacy.
ABOUT THE AUTHOR

Elan R. Kaney, Esq.
LL.M in Taxation
New York University School of Law
25+ Years of Experience
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Estate Planning
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Probate
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Trust Administration
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Business Succession Planning
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Tax Planning & Advocacy
My goal is to help Florida families protect what matters most to them and plan for the future with clarity and confidence.
QUICK ANSWER
PURCHASE PRICE
You purchase an asset for
$50,000
VALUE AT DEATH
NEW BASIS
POTENTIAL TAX SAVINGS
On your death, the asset is worth:
$750,000
The basis is adjusted ("stepped up") to:
$750,000
Your beneficiaries can sell the asset with little or no capital gains tax.
That is your starting "basis"
- Elan R. Kaney
WHAT IS
BASIS STEP-UP?
ASSETS THAT MAY RECEIVE A STEP-UP IN BASIS





REAL ESTATE
STOCKS & BONDS
BUSINESS INTERESTS
SOME TYPES OF TANGIBLE PERSONAL PROPERTY
CRYTPO CURRENCY
TRUST PLANNING MATTERS
The right trust design can help preserve basis step-up for your beneficiaries while achieving your estate planning goals.
THE RIGHT PLAN TODAY
can save your family time, money and stress tomorrow.
LIFETIME GIFT
basis carries over
You gift the asset to your child during your liftime
YOUR BASIS
YOUR
CHILD'S BASIS
INHERITANCE
basis may step-up
Your child inherits the asset upon your death
YOUR BASIS
YOUR CHILD'S BASIS
$$$
YOUR BASIS
$
VS.
WHAT IS BASIS STEP-UP?
Many people focus on estate taxes when discussing estate planning. However, for most families today, capital gains taxes are a far more significant concern.
One of the most valuable tax benefits available under current law is known as the basis step-up.
Understanding this concept can dramatically affect how much your beneficiaries ultimately keep when they inherit property.
Quick Answer
When a person dies owning appreciated assets, the tax basis of those assets is often adjusted to their fair market value as of the date of death.
This adjustment is commonly called a step-up in basis.
As a result, beneficiaries may be able to sell inherited assets with little or no capital gains tax on appreciation that occurred during the decedent's lifetime.
For many families, the basis step-up can save far more in taxes than any estate tax planning strategy.
WHAT IS TAX BASIS?
Tax basis is generally the amount invested in an asset for income tax purposes.
It is often:
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The purchase price;
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Plus certain improvements;
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Minus certain adjustments.
When property is sold, capital gains taxes are generally calculated based upon the difference between:
Sale Price minus Tax Basis
Example
Mary purchases stock for $10,000.
Over time, the stock grows to $100,000.
Mary's basis remains approximately $10,000.
If she sells the stock during her lifetime for $100,000, she may recognize approximately $90,000 of capital gain.
When Mary dies owning the stock, a basis adjustment may occur. If the stock is worth $100,000 on the date of death, the basis may increase from:
$10,000
to
$100,000
This is known as a step-up in basis.
If Mary's children later sell the stock for $100,000, there may be little or no capital gain recognized.
The appreciation that occurred during Mary's lifetime effectively disappears for income tax purposes.
WHY IS BASIS STEP-UP SO IMPORTANT?
Because capital gains taxes can be substantial.
Many families own:
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Real estate;
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Investment accounts;
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Closely held businesses;
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Rental properties;
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Appreciated stock.
These assets may have appreciated significantly over many years.
Without a basis adjustment, beneficiaries may inherit a substantial built-in tax liability.
A step-up in basis can significantly reduce or eliminate that liability.
WHICH ASSETS RECEIVE A STEP-UP IN BASIS?
The rules vary depending upon:
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The type of asset;
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Ownership structure;
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Whether the asset is included in the taxable estate;
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Applicable federal tax law.
Certain assets may receive a full adjustment, while others may not.
Because these rules can be complex, professional guidance is often important.
CAN LIFETIME GIFTS CAUSE PROBLEMS?
Sometimes.
Many people assume they should simply transfer appreciated property to children during life.
However, gifts generally carry the donor's existing basis.
Example
John owns stock worth $500,000 with a basis of $50,000.
If John gives the stock to his daughter during his lifetime, she generally receives John's $50,000 basis.
If she later sells for $500,000, she may recognize approximately $450,000 of gain.
Had she inherited the stock after John's death, a basis adjustment may have substantially reduced that tax burden.
This is one reason why gifting strategies should be evaluated carefully.
HOW DO TRUSTS AFFECT STEP-UP IN BASIS?
Trust planning can significantly affect basis outcomes.
Some trusts are designed to preserve opportunities for basis adjustment at death.
Others may inadvertently eliminate those opportunities.
Modern estate planning often focuses on balancing:
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Asset protection;
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Estate tax planning;
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Income tax planning;
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Basis optimization.
For many families, basis planning has become one of the most important aspects of sophisticated estate planning.
TAX BASIS OPTIMIZATION PLANNING
Tax Basis Optimization Planning refers to strategies designed to preserve or enhance basis adjustment opportunities.
These strategies may involve:
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Trust design;
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Powers of appointment;
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Trust protector provisions;
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Asset allocation decisions
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Ownership structures.
The objective is often to maximize after-tax wealth for future generations.
BENEFITS OF ESTATE PLANNING
A properly designed estate plan can help families:
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Preserve basis adjustment opportunities;
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Reduce future capital gains taxes;
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Coordinate trusts and beneficiary designations;
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Protect assets for future generations.
For many families, income tax planning is just as important as estate tax planning.
About Elan R. Kaney
Elan R. Kaney is a Florida attorney with more than 25 years of legal experience in estate planning, probate administration, trust administration, business succession planning, and taxation. Ms. Kaney earned her LL.M. in Taxation from New York University School of Law, one of the nation's premier graduate tax law programs, and her Juris Doctor from Emory University School of Law.
She regularly assists Florida families with homestead planning, revocable trusts, probate administration, trust administration, and strategies designed to minimize court involvement and preserve family wealth for future generations.
Disclaimer
The information contained in this article is provided for general educational and informational purposes only and should not be construed as legal, tax, or financial advice.
Reading this article does not create an attorney-client relationship with Elan R. Kaney, Esq., Kaney Law, or any affiliated person or entity. You should not act or refrain from acting based upon the information contained in this article without first obtaining legal advice tailored to your specific situation.
The law is subject to change, and the information contained herein may not reflect the most current legal developments. Every estate presents unique facts and considerations that may affect the rights of heirs, beneficiaries, surviving spouses, creditors, and fiduciaries.
