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united-states capital-gains-tax inheritance estate-settlement

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February 4, 2025 Score: 3 Rep: 194,087 Quality: High Completeness: 40%

In the US the step up of the basis occurs upon the transfer of the property from the decedent (See the IRC Sec. 1014). The estate receives the property from the decedent, so the section applies and the basis is adjusted according to the IRC Sec. 1014(a) (unless exceptions listed in 1014 apply).

In other words, does the estate avoid capital gains on the asset when repaying the debt?

The estate doesn't avoid capital gains, but they're calculated based on the adjusted basis.