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U.S. Tax Explained Series

Stepped-Up Basis at Death: What Resets and What Doesn't

How inherited assets take a new basis at date-of-death value, the assets that are excluded, the joint-ownership and community property differences, and the planning it rewards.

Reviewed by the Fairlight Accounting cross-border tax team — U.S. & Canadian Tax Desks

When someone dies, most property they owned takes a new tax basis equal to its fair market value at death. Appreciation during the owner's life escapes income tax. The step-up does not apply to retirement accounts, annuities, and other income the deceased earned but had not received; joint and trust-held property follow their own rules.

On this page
  1. What steps up, and what does not?
  2. How does it apply to a business?
  3. Why does it drive planning?
  4. What documentation do heirs need?
  5. Frequently asked questions
  6. Official sources
  7. Related guides
  8. Next step

What steps up, and what does not?

AssetAt death
Stocks, funds, real estate, business interests, art, collectiblesBasis becomes fair market value (or the alternate valuation date value, six months later, if the estate elects it on Form 706 — allowed only when it lowers both the gross estate and the estate tax)
Traditional IRA, 401(k), annuity gains, deferred compensation, unpaid wages, accrued interestNo step-up; taxed as income to the recipient ("income in respect of a decedent")
Roth IRANo step-up needed; qualified distributions are tax-free
Property held jointly by spousesHalf steps up (the deceased spouse's half) in common-law states
Community propertyBoth halves step up if at least half is included in the deceased spouse's estate (Florida couples can opt in through a community property trust under the 2021 Community Property Trust Act, Fla. Stat. 736.1501–736.1512; the IRS has not ruled on these elective trusts)
Property held jointly with a non-spouseThe deceased's share, based on contribution, steps up
Appreciated property gifted to the deceased within one year of death that passes back to the donor or the donor's spouseNo step-up; the donor takes the deceased's basis (Section 1014(e))
Assets in a revocable trustStep up (included in the estate)
Assets in an irrevocable grantor trust not included in the estateNo step-up (Rev. Rul. 2023-2)
Depreciated business propertySteps up; depreciation starts over for the heir

How does it apply to a business?

Shares of an S or C corporation step up, but the corporation's own basis in its assets does not. A partnership or LLC interest steps up, and a Section 754 election lets the partnership adjust its inside basis for the heir — giving them depreciation and reduced gain on the share they inherited. Sole proprietorship assets step up directly.

Why does it drive planning?

With the federal estate exemption at $15 million per person for 2026 (indexed from 2027), most estates owe no estate tax, so the income tax step-up is often the largest tax benefit at death. That favors holding appreciated assets until death rather than gifting them (gifts carry over the donor's basis), swapping low-basis assets back into the estate from grantor trusts where allowed, and spending down high-basis or income-in-respect-of-a-decedent assets first in retirement.

What documentation do heirs need?

A date-of-death valuation — brokerage statements, appraisals for real estate and business interests — and the estate's Form 706 and Schedule A (Form 8971) if one was filed; where the property added to the estate tax owed, heirs' basis cannot exceed the value finally determined for estate tax (Section 1014(f)). Without a record, heirs must reconstruct the value later, often with a retrospective appraisal, and bear the burden of proving it.

Frequently asked questions

Does a stepped-down basis happen too?

Yes. Assets worth less than basis at death take the lower value, and the loss is lost.

Does the step-up apply to foreign assets?

Yes. Section 1014 applies to property acquired from any decedent, U.S. or foreign, including Canadian property; Canada's own deemed disposition at death applies separately.

Can I get a step-up on property I inherited and then gave to my spouse?

The step-up happened at the first death; a later gift to a spouse carries that basis.

What if the estate did not file an estate tax return?

Basis is still fair market value at death; heirs document it themselves.

Official sources

The IRS explains: “When either spouse dies, the total value of the community property, even the part belonging to the surviving spouse, generally becomes the basis of the entire property.” — Internal Revenue Service, Publication 551 (12/2025), Basis of Assets, https://www.irs.gov/publications/p551

The statute provides: “Except as otherwise provided in this section, the basis of property in the hands of a person acquiring the property from a decedent or to whom the property passed from a decedent shall, if not sold, exchanged, or otherwise disposed of before the decedent’s death by such person, be—” — Legal Information Institute, Cornell Law School, 26 U.S. Code § 1014 - Basis of property acquired from a decedent, https://www.law.cornell.edu/uscode/text/26/1014

Next step

Fairlight Accounting handles U.S. domestic, cross-border (U.S.–Canada), and international tax returns, plus bookkeeping, payroll, and CFO advisory. Our U.S. Tax Desk establishes date-of-death basis for heirs and files the Section 754 election where a partnership interest is inherited. See pricing or book a free fit call.

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