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MULVANEY LAW OFFICES, PLLC 14205 SE 36th St. Ste. 100 Bellevue, WA 98006-1553

4259986352

Christopher S. Mulvaney       Washington State Attorney and Counselor-at-Law

Christopher S. Mulvaney Washington State Attorney and Counselor-at-Law

Professionalism with Integrity – Meet & Sign in Zoom via DocuSign – Remote Online Notarization

chris@attorneymulvaney.com
  • I. ESTATE ADMINISTRATION
    • I.II DEEDS FUNDING TRUSTS
      • QUITCLAIM DEEDS
        • NO CONTEST CLAUSE
          • MARRIED SEPARATE TRUSTS REQUIRE SPOUSE’S CONSENT TO AMEND & RESTATE
            • CERTIFICATE OF TRUST
              • PROTECTOR OF THE TRUST
    • I.III TRUST FUNDING AFTER DEATH
      • TRANSFER ON DEATH DEEDS
        • DO NOT NAME THE ESTATE AS A BENEFICIARY
          • DON’T CASH OUT ALL AT ONCE – TAKE 10 YEARS
            • GIFTS TO X-SPOUSE ARE VOID
    • I.IV BENEFICIARY DESIGNATIONS
      • NAME SPOUSE AS PRIMARY BENEFICIARY
        • SPOUSAL CONSENT FORM
          • CHILDREN OR TRUST CONTINGENT BENEFICIARY
            • DISINHERITANCE OF ADULT CHILDREN BY WILL (NOT MINOR CHILDREN)
              • DO NOT LEAVE BENEFICIARY DESIGNATIONS BLANK
    • I.V TRUST ACCOUNTS
      • TRUST CHECKING ACCOUNT
        • SAVINGS
          • MONEY MARKET
            • PAYABLE ON DEATH (POD)
    • I.VI ASSIGNMENT
      • SENTIMENTAL PROPERTY
        • CREDITOR CLAIMS PERIOD
          • AFFIDAVIT OF SMALL ESTATE
            • POWER OF APPOINTMENT
              • FOREIGN GIFTS
    • I.VII AUTOMOBILES
      • R.V.’S
        • MOTORCYCLES
          • BOATS
            • HOUSE CONTENTS
              • SAFE DEPOSIT BOXES
    • I.VIII INVENTORY
      • PAY TAXES
        • PAY CREDITORS
          • KEEP TRUST DOCUMENT SAFE
            • REST, RESIDUE & REMAINDER
              • DOMESTIC TRUST
    • I.IX LETTER OF INSTRUCTION
      • FOLLOW TRUST PROVIONS IN PROBATE
        • AGE LIMIT WHEN GIFTS ARE FREE OF TRUST
          • TRUSTEE COMPENSATION
            • AMENDMENT & RESTATEMENT
              • REVOCATION
    • I.X TRUST MECHANICS
      • TRUST TAXPAYER ID IS YOUR SSN
        • SPENDTHRIFT CLAUSE
          • SEPARATE PROPERY WHEN MARRIED REQUIRES WRITING AND SPOUSE’S AGREEMENT
            • U.S. TRUST SHOULD ONLY CONTAIN U.S. PROPERTY
              • DOCTRINE OF MERGER
  • II. ESTATE PLANNING
    • II.I DEATH
      • DEATH CERTIFICATE
        • AVOIDING PROBATE
          • SAFE DEPOSIT BOXES
    • II.II REVOCABLE LIVING TRUSTS
      • TRUSTS FOR YOUNG PEOPLE
      • TRUSTS FOR WIDOWS & WIDOWERS
    • II.III POWERS OF ATTORNEY
      • FINANCE POWER OF ATTORNEY
        • HEALTH POWER OF ATTORNEY
    • II.IV LIVING WILLS
      • ADVANCE DIRECTIVES
        • CARE PLAN REGISTRY
    • II.V LAST WILLS & TESTAMENT
      • WILLS – PAPER
        • WILLS – ELECTRONIC
          • WILL REPOSITORY
    • II.VI IRREVOCABLE TRUSTS
      • CHARITABLE REMAINDER TRUST
      • NON-GRANTOR ASSET PROTECTION TRUST
      • GRANTOR ASSET PROTECTION TRUST
    • II.VII ILIT
    • II.VIII FAMILY LLC
  • III. REAL ESTATE
    • III.I BUYING A HOME
      • SELLING A HOME
    • III.II PROMISSORY NOTE
      • DEED OF TRUST
    • III.III FORECLOSURE
      • TAX LIENS
    • III.IV LLC’S
      • QUITCLAIM DEED (QCD)
        • LLC CHECKING ACCOUNT
          • OPERATING AGREEMENT
    • III.V CLEAR TITLE
    • III.VI JOINT TENANCY WITH RIGHT OF SURVIVORSHIP (JTWROS)
    • III.VII TENANTS IN COMMON
    • III.VIII EQUITY
      • JUDGMENTS
    • III.IX MULTIPLE OWNERS
    • III.X UNMARRIED COUPLE HOMEOWNERS
  • IV. FAMILY LAW
    • IV.I AGREED DIVORCE BY MAIL
      • LEGAL SEPARATION
    • IV.II UNCONTESTED ADOPTION
      • ADULT ADOPTION
    • IV.III PRENUPTIAL AGREEMENTS
      • POSTNUPTIAL AGREEMENTS
    • IV.IV COHABITATION
      • ESTATE PLANNING FOR YOUNG PEOPLE
    • IV.V NAME CHANGE
      • MINOR NAME CHANGE
    • IV.VI FAMILY COURT
      • NO LITIGATED DIVORCE – DIVORCE BY MAIL
        • CHILDRN’S BEST INTEREST
    • IV.VII CHILD SUPPORT
      • CHILD CUSTODY
        • SPOUSAL SUPPORT
    • IV.VIII ASSET DISCLOSURE
      • MUTUAL LIFETIME DUTY OF SUPPORT
    • IV.IX PROPERTY DIVISION
      • DEBT DIVISION
        • DIVORCE & BANKRUPTCY
    • IV.X NO FAULT
  • V. BANKRUPTCY
    • V.I CHAPTER 7 BANKRUPTCY
      • BANKRUPTCY EXEMPTIONS
        • BK DATA
    • V.II DEBT
      • CREDIT BUREAU DISPUTES
    • V.III GARNISHMENT
      • INCOME BASED STUDENT LOAN REPAYMENT
    • V.IV CHAPTER 13 BANKRUTPCY
      • LIEN STRIPPING
        • CRAM DOWN
          • CHAPTER 20
    • V.V FREE CREDIT REPORT
      • DEBT SETTLEMENT
        • LIENS & COLLATERAL
    • V.VI CREDIT COUNSELING
      • DEBTOR EDUCATION
    • V.VII HONESTY
      • FRAUD
    • V.VIII TAX DEBT
      • STUDENT LOANS
    • V.IX 341 MEETINGS
      • PREVIOUS FILINGS
    • V.X MEANS TEST
    • V.XI CREDIT FREEZE
      • DO NOT CALL REGISTRY
        • BLOCK SSN
    • V.X.II FDCPA
      • DEBT COLLECTION
  • VI. TAX
    • VI.I WA ESTATE TAX
      • WA CAPITAL GAINS
        • NO WA GIFT TAX
    • VI.II PROPERTY TAX APPEALS
      • WA EXCISE TAX
        • WA SALES TAX
    • VI.III FEDERAL ESTATE TAX
      • FEDERAL GIFT TAX
        • FEDERAL CAPITAL GAINS
    • VI.IV TRUST TAXATION
      • IRS FORM 1041
        • IRS SECTION 645
    • VI.V COST BASIS
      • FINAL 1040 TAX RETURN
        • STEP UP TO DATE OF DEATH VALUE
    • VI.VI CREDIT SHELTER TRUSTS
      • TRIPLE WA ESTATE TAX EXEMPTION
        • TAXES: ESTATE V. CAPITAL GAINS
    • VI.VII SURVIVING SPOUSE BENEFIT
      • QDRO
        • DIVORCE TAX ISSUES
    • VI.VIII BENEFICIARY TAXES
      • BK TAX ISSUES
        • REAL ESTATE TAX ISSUES
    • VI.IX CHARITY
      • IMPUTED INCOME
        • TAX DEDUCTIONS
    • VI.X CHARITABLE REMAINDER TRUST
      • FAMILY LLC
        • GIFTING DURING LIFE
  • VII. MLO, PLLC
    • VII.I ABOUT CSM
      • MLO LOCATION
        • SUGGESTION BOX
    • VII.II MY PHILOSOPHY
      • PRO BONO PUBLICO
        • CLIENT RIGHTS
    • VII.III SCAMS
      • DEBT SCAMS & ID THEFT
        • DEATH RELATED SCAMS
    • VII.IV BAR ASSOCIATIONS
      • WSBA
        • KING COUNTY BAR ASSOCIATION (KCBA)
    • VII.V ORGANIZATIONS
      • AMERICAN CIVIL LIBERTIES UNION (ACLU)
        • SOUTHERN POVERTY LAW CENTER (SPLC)
    • VII.VI LOW INCOME HELP
      • COLUMBIA LEGAL SERVICES (CLS)
        • NORTHWEST JUSTICE PROJECT
    • VII.VII INFORMATION
      • GOOGLE SCHOLAR
        • FASTCASE
    • VII.VIII COURTS
      • SCOTUS
      • 9TH CIRCUIT
      • BK COURT
      • WA SUPREME COURT
      • WA APPEALS COURTS
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STEP UP TO DATE OF DEATH VALUE

What is a Step Up in Basis to the Date of Death Value?

“Step up in basis to the date of death value” refers to a tax provision where the cost basis of an inherited asset is reset to its fair market value (FMV) on the date of the decedent’s death

. This adjustment is also known as a stepped-up basis. 

26 U.S. Code § 1014 – Basis of property acquired from a decedentDownload

How it works:

When someone inherits an asset, like real estate or stocks, the new owner’s tax basis in that asset becomes the fair market value of the asset on the date of the original owner’s death. This is a significant benefit for heirs, as it can significantly reduce capital gains tax liability if they later sell the asset. 

Example:

Imagine someone bought a house for $100,000, and at the time of their death, it’s worth $500,000. If the heir inherits the house and later sells it for $550,000, their capital gains tax would be calculated based on the difference between the selling price ($550,000) and the stepped-up basis ($500,000), meaning they’d only be taxed on the $50,000 increase in value since the inheritance. Without the step-up in basis, the heir would be taxed on the entire gain of $450,000 from the original purchase price. 

Why it matters:

  • Reduces Capital Gains Taxes: The step-up in basis effectively eliminates capital gains tax on the appreciation that occurred during the original owner’s lifetime.
  • Estate Planning: This provision is an important aspect of estate planning, as it allows individuals to pass appreciated assets to heirs without triggering a significant tax burden.
  • Encourages Asset Retention: It may also encourage people to hold onto assets until death, rather than selling them during their lifetime and realizing capital gains. 

Important considerations:

  • Fair Market Value: Determining the fair market value on the date of death is crucial and may require appraisals or other valuations, especially for assets like real estate or collectibles.
  • Community Property States: In community property states, a surviving spouse can receive a full step-up in basis on both halves of community property.
  • Exceptions: Not all assets qualify for a step-up in basis. For example, inherited retirement accounts generally do not receive this adjustment.
  • Alternate Valuation Date: In some cases, the executor of an estate may elect to use an alternate valuation date, which is six months after the date of death, if the asset’s value has decreased. 

Note: It’s crucial to consult with a tax professional or financial advisor for personalized advice regarding inherited assets and the step-up in basis rule, as tax laws can be complex and specific situations may vary. 

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  • Bankruptcy
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