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January 24, 2024
Question

Step Up In Basis

  • January 24, 2024
  • 2 replies
  • 0 views

Election to step up in basis can occur at date of death or six months after date of death.  Can it be elected at any date between date of date and six months later?

    2 replies

    KrisD15
    January 24, 2024

    Only if it is sold within that 6 months.  

     

    Sec 2032

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    Carl11_2
    Employee
    January 24, 2024

    Step-up in basis is based on the FMV on the date of the original owner's passing.You can't change that date to a later date, unless the property is sold within 6 months of the original owner's date of passing. (Not the date you received the inheritance)

    Employee
    January 24, 2024

    @LW3419 

     

    Whenever you hear or see "6 months" with respect to your issue, you should note that the 6-month time period applies to estate tax, not estate income tax.

     

    Further, the 6-month alternate valuation date election cannot be made unless that valuation would reduce both the size of the gross estate and the amount of estate tax due.

     

    See Section 2032(c) https://www.law.cornell.edu/uscode/text/26/2032

     

    Effectively, unless the estate is worth over $13,000,000 (for 2024), the alternate valuation date election cannot be made and the basis is the fair market value on the date of death.