Kenneth Vercammen is a Middlesex County Trial Attorney who has published 130 articles in national and New Jersey publications on Criminal Law, Probate, Estate and litigation topics.

He was awarded the NJ State State Bar Municipal Court Practitioner of the Year.

He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters.

To schedule a confidential consultation, call us or New clients email us evenings and weekends via contact box www.njlaws.com.

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500

Thursday, April 25, 2024

Currently no Capital gains tax on death since there is a step up in basis

Currently no Capital gains tax on death since there is a step up in basis.

In most cases, the basis of property acquired from a decedent is its fair market value on the decedent's date of death. This is often referred to as stepped-up basis because the fair market value of property held by a decedent at death frequently is greater than the decedent's basis in the property.

These capital gains taxes are then calculated using what's known as a stepped-up cost basis. This means that you pay taxes only on appreciation that occurs after you inherit the property.

TAX EXPENDITURE FOR EXCLUSION OF CAPITAL GAINS AT DEATH 

      Under the baseline tax system used by Treasury’s Office of Tax Analysis (OTA) to determine tax expenditures, unrealized capital gains would be taxed when assets are transferred at death. A decedent’s final income tax return would include unrealized capital gains from all assets held at death. 

       Under current law, however, unrealized capital gains on assets held at the owner’s death are not subject to income tax. In addition, the cost basis of the decedent’s assets transferred to beneficiaries is assigned the fair market value (FMV) of the assets at the owner’s date of death, not the basis of the decedent. This step up in basis removes unrealized capital gains on assets held until death from the base of the income tax. Exempting unrealized capital gains on assets held at death is a tax expenditure. 

Source

https://home.treasury.gov/system/files/131/Step-Up-Basis-2014.pdf