Step-Up Basis and How It Can Pertain to Real Estate

by Jackie Davis 10/25/2020

Image by Steve Buissinne from Pixabay

Suppose you’ve inherited your parents’ longtime home. Suppose they paid $100,000 for it, and it’s now worth $300,000. Had they sold it while it was in their possession, they would have avoided paying capital gains tax due to the Taxpayer Relief Act of 1997.

Now that it’s yours, has that tax avoidance opportunity been lost? If you sell it for $300,000, will you have to pay taxes on the $200,000 gain?

The answer is no, and the reason is step-up basis.

What is step-up basis?

When you sell an asset, you may owe capital gains tax. For example, if you buy stock for $10,000 and sell it 10 years later for $15,000, you owe tax on the $5,000 you profited. The original cost, the $10,000, is your basis, and you are taxed on your sale proceeds minus that basis.

If you buy stock, the original cost is your basis. But if you inherit stock, your basis is stepped up to what it’s worth when you inherit. If your mother leaves you that same stock, now worth $15,000, your basis is $15,000, not the $10,000 she paid. The IRS looks at it as if you acquired the stock for $15,000. If you sell it later for $18,000, your taxable gain is ($18,000 - $15,000) or $3,000.

Real estate works the same way. Going back to our example, your basis in the inherited home is $300,000, not the $100,000 your parents paid. If you sell it immediately for $300,000, you've made no taxable profit and you keep everything. You pay no capital gains tax at all. If you sell in a few years for $350,000, you pay tax only on the $50,000 difference. The appreciation that happened while your folks were alive never gets taxed.

Depreciation Benefit

If you decide to rent that house out (or if you inherit an apartment building) there’s yet another benefit. You can depreciate the dwelling at the step-up value, even if the previous owner used it as an income property and depreciated it. For that $300,000 building, you can deduct $10,909 a year from your rent income over the 27 ½ year depreciation period, rather than the $3,636 if your basis had been $100,000. You’d pay taxes on $7,273 less every year for a long time.

Step-Up During Your Lifetime

Under special circumstances you can take advantage of step-up basis on real estate when you give it away. You can donate property to a charity and deduct the step-up amount rather than your original basis. However, rules are strict. There are appraisal requirements, limitations based on taxable income and the charity must use the property in its work rather than resell it.

There is an even more specialized opportunity under the recent Tax Cuts and Jobs Act to sell appreciated property, invest in a designated opportunity zone, and defer or avoid taxes on your gain.

In both of these specialized cases, you must follow stringent regulations. Don’t wade in without the help of an expert.

About the Author
Author

Jackie Davis

Welcome to Jackie Davis and Company. If you have navigated this far, we thank you and would like to share how we differ from other teams and agents. We work tirelessly and are committed to providing 100% customer satisfaction. We recognize, listen, value, and appreciate your goals as you move towards listing or selling your home. As Listing Agents we continuously integrate new and advanced technology to promote your biggest asset. Our strong negotiation skills are invaluable for getting you the best price for your home. As the Buyer's Agent we pride ourselves on being fully educated in our local markets. While focusing on integrity and honesty we will provide you with the highest level of professionalism and analysis. We are proud that this hard work has earned us recognition as top 1% both company and state wide in the industry. Achievements * 1st Quarter 2017 Leading Sales in Fairfield * 2017 February Leading Sales Team * 2017 March Leading Sales Team * Chairman's Elite representing the Top 1% Agent at William Raveis Nationwide & Fairfield County * Over $45 million Listed & Sold in 2016 * Over $30 million Listed & Sold in 2015 * 99% List to Sales Ratio (higher than market average) * 75 Average Days on Market (less than market average) * Jackie Davis Promoted to Sales Vice President 2016 * Raveis Award of Excellence every year * Exceptional Customer Service Award every year * Top Units Sold Team October 2016 * Top Customer Service October 2016 * Top Mortgage Support September 2016 * Top Selling Team January 2016 * Top Mortgage Support August 2015 * Top Selling Team Feb 2014 * Top Producing Team Jan 2014 * Top Selling Team Dec 2013 * Top Selling Team Nov 2013 * Top Producing Team Nov 2013 Professional Specialty Innovative Marketing and Technology equals proven sales. Our team of licensed professionals is ready to serve. We handle: Sellers & Buyers Exceptional Properties Investors Waterfront & Beach Area Homes Country & Equestrian Properties New Construction & Land Relocation Professional Association National Association of Realtors Connecticut Association of Realtors Greater Fairfield Board of Realtors Consolidated Multiple Listing Service Community Involvement PTA committee member for past 14 years from elementary through high school PTA Board Member for 4 years Shoff Darby Advisory Scholarship Board member past 5 years Committee member for Cancer Care of Norwalk past 10 years Volunteer Habitat for Humanity Operation Hope coordinator for elementary and middle schools, last 3 years Volunteer for a variety of town sports teams, that my daughters participate in The County Assemblies Board Member The b-Cause Foundation Board Member- a non-profit organization whose mission is to educate children to recognize neighbors in need in our local community. Wakeman Boys & Girls Club- Fundraising Committee Member Committee Member for Cancer Couch Fundraiser the Cancer Beat 2016 Near and Far Aid Volunteer Education BA from Merrimack College Personal Fairfield resident for 39 years Currently reside in Fairfield Beach Area Married 27 years Four daughters currently in & have graduated Fairfield Public School system Areas Covered Fairfield Southport Westport Weston Norwalk Trumbull Easton Stratford Shelton Milford Stamford Bridgeport