Omliva organizes practical information. This guide is general information for the United States, not legal, tax, financial or medical advice.
A short note before you start
This is general information for the United States, not legal, tax, financial, or medical advice. Basis rules get complicated fast with trusts, jointly owned property, and business interests, so confirm your numbers with a CPA or estate attorney before you file a return or sell an inherited asset.
What is step-up in basis?
Step-up in basis is the federal tax rule that resets an inherited asset's cost basis to its fair market value on the date the previous owner died, instead of carrying over whatever that person originally paid. "Basis" is the number the IRS uses to measure gain or loss when property is later sold. Under 26 U.S.C. Section 1014(a), the basis of property acquired from a decedent is generally "the fair market value of the property at the date of the decedent's death"1.
What is a step-up in basis, in one sentence?
A reset of an inherited asset's cost basis to its value on the date the owner died, so future capital gains tax is measured from that new number rather than what the owner originally paid. The rule ties basis to the value already used for federal estate tax purposes, so the same increase in value is not taxed twice, once through the estate and again through capital gains1.
How does step-up in basis work, step by step?
Nothing needs to be filed to claim step-up itself; the reset happens automatically for property counted in the decedent's estate. The steps below are what an heir or executor does to put a usable number on paper.
- List every asset the person owned: real estate, brokerage accounts, business interests, vehicles, and valuable personal property.
- Set aside accounts excluded from step-up, such as IRAs, 401(k)s, annuities, and savings bond interest.
- Get the fair market value of each qualifying asset as of the date of death: a licensed appraisal for real estate and businesses, brokerage statements for securities.
- Check whether the executor elected the alternate valuation date; if so, use the value six months after death instead.
- If Form 706 is filed, ask the executor for Schedule A of Form 8971, the estate tax value each beneficiary must use as basis; the two are required to match6.
- Keep every appraisal, statement, and closing document permanently.
- When you sell, report it on Form 8949 and Schedule D, using the stepped-up basis and long-term treatment.
The alternate valuation date
An executor can choose to value the entire estate six months after death instead, but only if that election lowers both the gross estate value and the estate tax owed, and it applies to every asset in the estate, not one at a time3. Most estates skip this since most owe no federal estate tax, but it can matter when values drop sharply after a death.
When basis "steps down" instead
Step-up is not always a step up. If an asset is worth less at death than what the decedent paid for it, the heir's basis still resets to that lower date-of-death value, sometimes called a "step-down" in basis3, which can erase a loss the decedent could have claimed while alive.
What assets get a step-up in basis, and what doesn't?
Most property a person owns outright and leaves behind qualifies. A handful of account types are excluded because withdrawals from them were always taxed as ordinary income, so there was never a capital gain to erase.
| Gets a step-up in basis | Does not get a step-up in basis |
|---|---|
| A house, condo, or other real estate | Traditional and Roth IRAs |
| Stocks, bonds, and mutual funds in a brokerage account | 401(k)s and other qualified retirement plans |
| A small business or a share of one | Annuities |
| Art, vehicles, and other collectibles | Interest built up in U.S. savings bonds |
| A revocable ("living") trust's assets, generally | Installment notes and similar obligations |
This is also why an inherited IRA follows its own separate withdrawal schedule instead of a basis reset; see rules for an inherited IRA RMD.
The one-year gift-back exception
Step-up does not apply if the decedent received the appreciated property as a gift from the heir (or the heir's spouse) within one year before death, and it passes back to that same donor or their spouse at death. The basis then carries over from the decedent's basis immediately before death instead of stepping up (26 U.S.C. Section 1014(e), Cornell Law School, checked 2026-09-23), to block a deathbed gift-and-return move.
Step-up in basis on inherited property: what about a lifetime gift instead?
People sometimes assume gifting an asset before death and leaving it at death produce the same tax result. They do not.
| Given as a gift during life | Left at death | |
|---|---|---|
| Basis to the recipient | Carries over from the giver's original basis (with limited adjustments for any gift tax paid) | Steps up (or down) to fair market value on the date of death |
| Holding period | Tacks on to the giver's holding period | Automatically long-term, regardless of how long anyone held it, under 26 U.S.C. Section 1223(9)1 |
| Built-up gain | Passes to the recipient and stays taxable when sold | Erased; only appreciation after death is taxable |
Whether to hold an appreciated asset until death or give it away during life also depends on the giver's own income needs and other goals, which is a question for a CPA or estate attorney.
Does step-up in basis apply to jointly owned and community property?
It depends on how the property was titled and which state the owners lived in. Federal basis rules are the same nationwide, but state property law decides who owned what share of an asset at death.
In the nine community property states, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin, both halves of qualifying community property can step up to full fair market value at the first spouse's death, not only the half the decedent owned, as long as at least half the community interest was includible in the decedent's gross estate4. In every other state, only the deceased owner's own share of jointly held property steps up. State inheritance and estate taxes are a separate question from basis; see inheritance tax by state.
How much can step-up in basis actually save an heir?
Savings depend on how much the asset appreciated and the heir's own tax bracket, not the estate's. For 2026, long-term capital gains are taxed at 0%, 15%, or 20%: 0% covers taxable income up to $49,450 single or $98,900 married filing jointly, 15% runs up to $545,500 single or $613,700 married, and 20% applies above that9. Higher earners may also owe the 3.8% Net Investment Income Tax once modified adjusted gross income passes $200,000 single or $250,000 married, thresholds not adjusted for inflation10.
Step-up is separate from federal estate tax, which applies to a large estate itself, only above the filing threshold of $15,000,000 for 2026 deaths5. Most estates owe no federal estate tax and still get the full step-up.
What should you record in a family guide about basis?
For each asset that will eventually pass to heirs, record what it is, roughly what it is worth today, where the deed, title, or account statements are kept, and whether a recent appraisal exists. That is the kind of detail an executor otherwise reconstructs from scratch under time pressure, exactly what a family guide, such as the one Omliva helps a family build, keeps in one place ahead of time.
What mistakes do people commonly make with step-up in basis?
Most mistakes come from guessing at values instead of getting a written date-of-death value early, or assuming the rule applies more broadly than it does.
- Using the decedent's original purchase price instead of the date-of-death value when reporting a later sale.
- Not getting a real estate appraisal close to the date of death, then struggling to reconstruct a value years later.
- Assuming a jointly titled account in a common law state gets a full step-up, when only the decedent's own share does.
- Forgetting that IRAs, 401(k)s, and annuities never get a step-up, no matter how they are held.
- Not asking the executor for Form 8971's Schedule A, then reporting a basis that does not match the estate's.
When to get professional help
A CPA can confirm the correct basis, prepare Form 8949 and Schedule D, and check whether the Net Investment Income Tax applies. Bring in a licensed appraiser or a business valuation specialist for a house or another hard-to-value asset, ideally close to the date of death. Talk to an estate attorney if the property passed through a trust, ownership is unclear, siblings disagree about a buyout, or Form 706 and Form 8971 are involved. Our executor checklist covers the broader timeline these steps fit into.
Frequently asked questions
What is step-up in basis?
Step-up in basis is the federal tax rule that resets an inherited asset's cost basis to its fair market value on the date the previous owner died, instead of carrying over what that person originally paid. It erases the capital gain that built up during the owner's lifetime, so an heir who sells soon after inheriting usually owes little or no capital gains tax.
Does step-up in basis apply to jointly owned property?
It depends on titling and which state the owners lived in. In the nine community property states, both halves of qualifying community property can step up at the first spouse's death. In every other state, generally only the deceased owner's own share steps up; a surviving joint owner's share keeps its original basis.
Do retirement accounts like IRAs get a step-up in basis?
No. Traditional and Roth IRAs, 401(k)s, annuities, and interest built up in U.S. savings bonds do not get a step-up, since withdrawals from them were always taxed as ordinary income, not as capital gains. An inherited IRA follows its own separate withdrawal rules instead.
Is it better to gift an asset before death or leave it as an inheritance?
For a highly appreciated asset, leaving it at death is usually better taxwise, since the heir gets a stepped-up basis instead of carrying over the giver's original, lower basis. A gift during life passes along the built-up gain instead of erasing it. The right choice also depends on the giver's own income needs and other goals, which is a conversation for a CPA or estate attorney.
How do I find the fair market value on the date of death?
For real estate, get a licensed appraiser's opinion of value as of the date of death, or an agent's comparative market analysis. Brokerage statements typically show the closing value on that date for stocks and funds. A closely held business or unusual personal property generally needs a qualified appraiser.
Sources
- Cornell Law School, law.cornell.edu: Legal Information Institute, 26 U.S.C. Section 1014, Basis of property acquired from a decedent Checked 2026-09-23
- Cornell Law School, law.cornell.edu: Legal Information Institute, 26 U.S.C. Section 1223, Holding period of property Checked 2026-09-23
- Internal Revenue Service, irs.gov: Publication 551, Basis of Assets Checked 2026-09-23
- Internal Revenue Service, irs.gov: Publication 555, Community Property Checked 2026-09-23
- Internal Revenue Service, irs.gov: Instructions for Form 706 Checked 2026-09-23
- Internal Revenue Service, irs.gov: Instructions for Form 8971 and Schedule A Checked 2026-09-23
- Internal Revenue Service, irs.gov: About Form 8971, Information Regarding Beneficiaries Acquiring Property From a Decedent Checked 2026-09-23
- Internal Revenue Service, irs.gov: Gifts & Inheritances FAQ Checked 2026-09-23
- Internal Revenue Service, irs.gov: Revenue Procedure 2025-32 Checked 2026-09-23
- Internal Revenue Service, irs.gov: Topic no. 559, Net Investment Income Tax Checked 2026-09-23
- Internal Revenue Service, irs.gov: Topic no. 703, Basis of assets Checked 2026-09-23
