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Loophole

Step-Up in Basis at Death (§1014) — Hold Until Death, Erase Cap Gains

Appreciated assets held until death get FMV cost basis — heirs pay $0 cap gains on lifetime appreciation.

Overview

IRC §1014 gives inherited assets a basis equal to date-of-death fair market value. A $100K stock originally purchased for $10K becomes $100K basis in the heir's hands — the $90K of lifetime gain is permanently erased. Combined with the $13.99M estate exemption, HNW families can pass millions with zero income OR estate tax. Strategy: hold your MOST appreciated positions; sell high-basis or losing positions for liquidity. In community-property states, both halves get stepped up at first death (double step-up).

Best fit
Retirees with highly-appreciated stock / RECommunity property state residentsHeirs of concentrated positions
Estimated impact
Erase 15–23.8% capital gains tax on lifetime appreciation

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