Legal Definitions
Legal Definitions » S » Step Up Basis Law & Legal Definition

Step Up Basis Law & Legal Definition

Related to Step Up Basis

Step-up basis is a concept commonly used in estate law in which when property is passed upon someone's death, the person that inherits the property will have a "basis" (or equity) in the property equal to the property's fair market value as of the date of death.  Thus, if the person who inherits the property were to immediately sell it, no gain on the sale would be recognized and no income tax would be due.

The step-up basis has major advantages. It prevents double taxation of assets at death -- first by the capital gains tax and again by the estate tax. Also, it greatly simplifies the settling of estates by executors. Under step-up, they need only calculate the value of assets at death, and don't need to know their original purchase price or any adjustments to it, such as depreciation.






Get a Term Defined



Read a Law Digest

  • Need to read the law or find an answer to a legal question? Visit our Law Digest for the largest selection of law digests and answers available.
    Go to Law Digest

Form Packages


Step Up Basis Legal Forms

Legal Life

Form Drafting

  • Can′t find the form you need, or need a form we offer revised for your situation? Submit your request and our attorneys will review the request and let you know if the form can be provided.
    Submit a drafting request...
Legal Forms Home

Copyright 1996-2009 USLegal, Inc. - All Rights Reserved.