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After you die your estate sells stocks


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Does the estate pay capital gains on those stocks, or can it take advantage of stepped-up cost basis rules to avoid those as well?

I'm not an expert, but my reading of the IRS's FAQ [1] is that the cost basis of inherited assets gets reset to the fair market value of the assets on the date of death.

1. https://www.irs.gov/faqs/interest-dividends-other-types-of-i...


You're right, and then you pay the inheritance tax which is more than the capital gains taxes would have been.

> > And then you pay the 40% federal inheritance tax and the 20% state inheritance tax on the total value at the date of death.

After the $12 million (nearly $13 million next year) exemption, the unused portion of which passes to the surviving spouse and increases their tax-free estate exemption.

But, yes, in the limit case estates aren't the tax-optimal way to transfer capital to survivors, which is why other vehicles are used for people for whom the estate exemption is small potatoes.


If you're a billionaire, a $12m exemption isn't much of anything.

“But, yes, in the limit case estates aren't the tax-optimal way to transfer capital to survivors, which is why other vehicles are used for people for whom the estate exemption is small potatoes.”

Like what?

GRAT’s are common for volatile assets like tech shares.

The estate gets a stepped up cost basis on the date of death. And then you pay the 40% federal inheritance tax and the 20% state inheritance tax on the total value at the date of death.

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