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What is the double basis rule?

This is known as the “double basis rule.” For instance, A has a tax basis in an asset of $50. A decides to transfer that asset as a gift to B. At the time the gift is transferred, the fair market value of the asset is $30, meaning it has lost value or depreciated. B later decides to sell the gifted asset for $45 to an unrelated party.

What is a double step-up basis tax rule?

Residents of nine different community property states can take advantage of a double step-up basis tax rule. This allows a step-up basis on all community property for the surviving spouse. Community property means any asset that was accumulated during the marriage with the exception of any gift or inheritance.

What is a stepped-up basis loophole?

The stepped-up basis loophole allows someone to pass down assets without triggering a tax event, which can save estates considerable money. It does, however, come with an element of risk. If the value of this asset declines, the estate might lose more money to the market than the IRS would take.

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