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Loophole

Community Property Double Step-Up (§1014(b)(6))

In CA/AZ/TX/NV/WA/WI/ID/LA/NM, BOTH halves of community property get stepped up when first spouse dies.

Overview

In common-law states, only the DECEDENT'S half of jointly-owned property steps up at death; survivor's half keeps original basis. In the 9 community property states, both halves of community property receive a full step-up under §1014(b)(6) — even the survivor's half. Non-CP-state residents can achieve this via a Community Property Trust (available in AK, TN, SD, KY, FL). On a $2M house bought for $200K, the double step-up saves the survivor $180K+ in future capital gains vs single step-up.

Best fit
Married couples in the 9 CP statesNon-CP residents establishing AK/TN CP trustsLong-time homeowners in appreciated markets
Estimated impact
$50K–$500K+ in eliminated future cap gains

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