When you die owning appreciated property, your heirs inherit it at its fair market value on the date of death. The deferred capital gains vanish. The depreciation history resets to zero. The heirs can sell the next day and owe little or nothing, or hold, re-depreciate from the new basis, and start the cycle again. This is why investors defer relentlessly: deferred long enough, the bill is forgiven entirely.
Arthur bought his warehouse decades ago for $300,000, depreciated it down, refinanced it twice, and exchanged into it through a 1031. On paper he is carrying a mountain of deferred gain and recapture. When Arthur passes, his daughter inherits the building at its $2.4 million date-of-death value. The mountain is gone. Not deferred. Gone. She can sell at that price nearly tax free, or keep it and depreciate a $2.4 million basis all over again, this time with a cost segregation study from day one.
The rules in plain English
- Inherited property takes a basis equal to fair market value at death. Appreciation during the owner's life is never income-taxed to anyone.
- Gifts do the opposite: the recipient carries over your basis. The most expensive mistake in family real estate is gifting the building a year too early. Timing belongs to your estate attorney and CPA together.
- Very large estates can face estate tax, a separate system with its own thresholds that adjust annually. The step-up question and the estate tax question get planned as one.
- Laws change. A plan built once and never reviewed is not a plan; it is a hope with a binder.
Gift the building during life and your heirs inherit your old basis and your old tax problem. Very large estates still face estate tax. And laws change, so a plan built once and never reviewed is not a plan. The forgiveness is real; the patience and the planning are the price.
Questions owners actually ask
The last page forgives everything, but it rewards the owners who harvested along the way. Between now and then, most owners sit on $200,000 to $450,000 per million in unclaimed deductions. If you own the walls, send in the engineers, and let the code keep its promise on the timeline you choose.
SEE YOUR BUILDING'S NUMBERFREE PROPOSAL IN 24 HOURS